Terms and Conditions
The products, services, ideas and resources offered directly or indirectly on this website are intended for IABC Members only.
The products and statements made about specific products on this web site have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. All information provided on this web site or any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this web site for diagnosis or treatment of any health problem. Always consult with a healthcare professional before starting any new vitamins, supplements, diet, or exercise program, before taking any medication, or if you have or suspect you might have a health problem.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
RETURNS, REPLACEMENTS, CREDITS:
Please check all orders for accuracy. Every effort is made to ensure you get what you ordered. Should you find any error, please notify our office within 24 hours for corrections or replacements. Any broken or damaged item(s) should also be reported within 24 hours for quick claim response. We hope attention to this provides you better and more complete service.
The New Human, LLC will accept returned product(s) on an individual evaluation with return authorization. A 15% re-stocking fee will be deducted from the returned item(s) and your account will be credited. Direct refunds for cash will not apply. Products that have expired dates or custom orders are not eligible for consideration.
* These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent disease. New Human LLC recommends consulting a physician before taking any health supplements.
Refund /Return Policy-Botanical and Nutritional Products Only: (For Technology Sales Refer to the Sales Contract and Agreement).
To receive a refund or replacement of a newly purchased Botanical or Nutritional Product:
Original sales receipt must accompany returns.
We accept returns for exchange or refund 7 calendar days after delivery of the product. At our sole discretion after 7 calendar days, we will offer an exchange or store credit only. Items must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is:
-without showing signs of use, damage, or removal of the outer protecting sleeves in any way
-within 7 calendar days of the delivery date (after 7 days no returns are allowed)
-must not be a special order or a custom order
-unless noted that it cannot be returned or has a different return policy time period other than that 7 days noted in that item's particular item description.
If an item is received damaged or is incorrectly shipped by us please contact Customer Support immediately. Items that are defective and shipped from us or items that you did not order but received from us will qualify for store credit or a cash refund.
Refunds are contingent upon inspection of item(s) once we receive it.
There is a 15% restocking fee for returned items that are not being exchanged and are not damaged. Again you MUST contact us within 7 days if you intend to return ANY item back to our store. Items returned to us AFTER 7 days and WITHOUT contacting us will NOT be refunded.
Customer is responsible for all shipping costs if seller is not at fault.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of New Human LLC. The collective work includes works that are licensed to New Human LLC. Copyright 2014, New Human LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with New Human LLC or purchasing New Human LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with New Human LLC or to purchase New Human LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by New Human LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of New Human LLC used in the site are trademarks or registered trademarks of New Human LLC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, New Human LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. New Human LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. New Human LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
New Human LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The New Human LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a New Human LLC product is mistakenly listed at an incorrect price, New Human LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. New Human LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, New Human LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by New Human LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
New Human LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to New Human LLC.
Your use of this site and any actual claims of The New Human LLC, shall be governed in all respects by the laws of the state of North Carolina U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of New Human LLC products-Botanical, Nutritional or Technology) shall be in the state or federal courts located in the state of North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of any New Human LLC products) must be commenced within one (1) year after the claim or cause of action arises. New Human LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. New Human LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a New Human LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
New Human LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, New Human LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, New Human LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to New Human LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless New Human its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, New Human LLC may link to sites operated by third parties. However, even if the third party is affiliated with New Human LLC, New Human LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of New Human LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, New Human, formerly Health and Harmony Products LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms for Technology Sales:
This Agreement is made between Private Members of the IABC. The terms Buyer and Seller are actually Member Seller and Member Buyer, but will herein be referred to just as Buyer and Seller.
1. Purchase Agreement:
The Buyer agrees to the terms of the Purchase Agreement to buy from the Seller who will assign, transfer, and convey the following (hereafter referred to as "Technology"):
The Buyer agrees to pay the Seller in full for the Technology outlined in shopping cart.
The Buyer agrees to also pre-pay the Seller $295.00 (USD) for the Annual SpectraVision Software Registration Fee. The Buyer understands that the ongoing use of SpectraVision software requires an annual license fee, due to the Seller on the anniversary of the purchase of the SpectraVision.
The buyer agrees to pay for Second-Day Ground shipping, from the Seller to the Buyer.
3. Check Payments: Make checks payable to The New Human, LLC
4. Bank Wire Payments: please call for information
5. Payment Mailing Address: The New Human LLC.
470 Asheville Highway Suite B-151
Brevard NC 28712
6. Credit Card Payments:
Please authorize credit card information via phone to your credit card institution prior to your purchase. We recommend that you contact your bank for approval of transactions exceeding $4,000 (or your personal daily limit) 1-2 hours prior to processing payment via the CC payment link we provide.
The following agreements apply to credit card drafts:
i. I am directly authorized by the issuing card provider to use this credit card account in the manner specified, for the purchase described herein.
ii. I authorize the amounts described in this agreement in its entirety for processing on the credit card provided
iii. If there are technical quality concerns related to this purchase, I agree to raise these concerns via email and telephone with the Seller.
iv. I affirm that no other individual or entity may override the agreed upon charges (for shared or company credit cards)
v. I authorize Seller to access my credit card information, communicate with my card provider and apply charges pursuant to this Agreement.
Buyer will accept Second-Day Ground delivery of the Technology via Fed Ex or UPS unless otherwise specified. The fee for Shipping and Delivery shall be paid by the Buyer and includes fees for handling and shipping insurance protection in transit.
The Technology shall be deemed received by the Buyer when shown as delivered by the carrier. Cost of shipping is paid for by the Buyer, however, the Seller shall make sure that the System is adequately insured when shipped.
8. Risk of Loss.
The risk of loss from any casualty to the System, regardless of the cause, except for customs, shall be on the Seller until the Buyer has received the System. The Buyer is responsible for all Customs requirements and associated fees and or all related import taxes.
A. The Seller warrants that at the time of delivery the Technology shall be free from any security interest or other lien or encumbrance and that it has full title to the Technology and full authority to sell the System. The Seller also warrants that the Technology shall be free from defects in materials and workmanship and shall be repaired or replaced at the Seller’s option for the period of one (1) full year from the date of purchase, minus consumables (parts that wear down through use) which only carry a 90 day warranty such as (but not limited to): velcro electrodes, electrode connectors, palm pad components, laser tips, probe/wand connector wires, LLLT lasers, etc. and other miscellaneous attachments that need to be replaced periodically by the Buyer).
The foregoing Warranty shall not be valid if the Technology or any of its component materials or parts have been subjected to obvious abuse, misuse, damage by accident, alteration, neglect, or any other unauthorized change in any manner or in the opening of the Technology. The Seller shall make the final determination as to the existence or cause of any alleged defect.
10. Electrical Source:
INTERNATIONAL BUYERS PLEASE READ
DOMESTIC BUYERS PLEASE READ
The foregoing warranty is also contingent upon the proper use of the Technology, and it’s attachment to the proper voltage supply using a clean electrical source and providing a clean electrical environment for the unit and hardware. See SV User’s Guide for more details. Seller is NOT responsible for the quality of the electrical condition in which the Technology will be used.
Buyer is responsible for providing the related information to manufacturing prior to completion of the sales agreement/order so that proper circuitry is assigned:
____ 120Cycle 60 Hz or: ____ 50 cycle/220 Hz.
The warranty expires immediately upon the modification, change, alteration, or enhancement of the Technology without express written consent of the Manufacturer.
11. Return of System for Service.
The Buyer will contact the Seller or its Authorized Agent regarding the servicing and repair of the Technology during the warranty period. Should it be determined that the Technology need inspection and/or repair the Buyer shall pay for the shipping costs to and from the service depot. Shipping to and from the Repair Facility is NOT included.
12. Remedies and Disclaimer.
Seller does not assume nor authorize any other use, nor will assume liability in connection with the sale or use of any products for use other than their intended use as outlined in the SpectraVision Equipment Operations Manual, and subsequent training materials. Buyer shall not be entitled to recover from seller any consequential damages, damages to person or property, damages for loss of use, loss of time, loss of projects or income, or any other incidental damages should there be a need to repair the system.
The Technology is not registered with the United States Food and Drug Administration as a medical device, nor does it diagnose, treat or mitigate any disease. The buyer acknowledges this statement.
It is recommended that protective eye wear be worn for both the user and the client when operating any laser attachment. Protective eyewear is available from the seller for an additional fee. Protective eye wear must be correct for the specific frequencies of each laser. Also the glasses can degrade over time and will need to be replaced based on usage.
No guarantees are made that the System can be fully utilized in every State or Country for the benefit of the General Public. The Buyer shall provide their own due diligence regarding the use of the System in their State of residence. The New Human LLC offers products which are intended for IABC (Pastoral Medical Association) members only. The Buyer acknowledges their membership compliance under the Member Share Agreement.
13. Additional Warranties & Disclaimers
Buyer acknowledges that additional Limited Warranty and Disclaimer Statements involving the SpectraVision are contained in the SpectraVision Equipment Operations Manual accompanying the Technology.
Buyer acknowledges that the Technology is an Esoteric Device designed to measure energy systems within the body. No correlations are made between these readings and any physiological condition. The Technology is sold to Buyer without ANY medical claims or warranties from the seller, for ANY MEDICAL use other than bioenergy balancing.
This equipment is not designed to diagnose, treat or prevent any disease.
14. Acceptance of System.
The Buyer shall have the right to inspect the Technology on arrival, and within 48 hours after delivery, the Buyer must give written notice to the Seller of any claim for damages on account of condition, quality, or grade of the Technology.
The Buyer must also specify, in writing, the basis of the claim in detail. The failure of the Buyer to comply with these conditions shall constitute irrevocable acceptance of the Technology by the Buyer. Exchanges will only be authorized in the case of damaged or defective System.
Notice must be transmitted through the online support system.
If delivered by hand:
Buyer acknowledges upon signature of this document acceptance of the Technology. All sales are final upon delivery of the Technology and the signature of this document—there are no refunds accepted after acceptance of the Technology.
15. Limited License to SpectraVision Software.
Seller grants to Buyer, subject to the limitations and restrictions below, a limited license for use of the Software, solely in connection with the use of the Hardware, all in accordance with, and subject to, the terms and conditions of this Agreement. Without limiting any other provision of this Agreement, Buyer covenants and agrees (a) to use the Software in strict compliance with Buyer’s Acknowledgements and Warranties described herein and not otherwise; (b) that Buyer will take no action, either directly or indirectly, that adversely affects the reputation and goodwill of the Software or Seller’s right, title and interest in or to the Software.; (c) that Buyer will not transfer this Limited License or any of its respective rights to any other person and that any purported transfer shall be a breach of this Agreement and shall be null and void; (d) it has no ownership rights, title or interest in or to the Software or in any of the Seller’s Software, and that all such rights, title and interest are hereby forever disclaimed; (e) that it shall take no action that infringes upon the Software; and (f) that in the event any other person shall infringe or allegedly infringe upon the Software, Seller, at its cost, shall be solely entitled to seek and recover all appropriate relief.
16. Buyer Warranties.
Buyer warrants that, in connection with the Technology, it will neither represent nor claim to the public, its customers, or clients that the Technology is medical equipment or a medical device and further warrants that it will not represent to the public, its customers, or clients that the Technology is anything other than a SpectraVision BioEnergetic Balancing & BioCommunication device which holds NO MEDICAL CLAIMS.
Buyer shall at all times comply with all applicable Federal and State laws, rules, regulations, and guidelines in operation of its business and practice including but not limited to State scope of practice limitations. Buyer further Represents and Warrants that it shall conduct its own investigation, research, analysis and necessary due diligence to determine whether any intended use of the Technology shall be in compliance with applicable federal, state and local laws. Buyer is relying on its own investigation, research, analysis, and due diligence and expressly declares that Seller has provided no legal advice on any issue involving use of the System in its business and practice or any other issues.
Seller shall have no liability for any damages, claims, costs and attorney’s fees relating to any allegations asserted by any government or third party against buyer for non-compliance with federal, state or local laws, regulations, rules or guidelines regarding use of the equipment. Buyer recognizes that the use of this technology is solely for the use of IABC members.
17. Buyer Indemnifications.
Buyer hereby agrees to indemnify, defend and hold Seller and its Owners, Board of Directors, both jointly and severally, agents, officers and employees harmless from and against any and all third-party claims as well as any additional claims including but not limited to the following:
(a) Any breach of Buyer’s warranties contained in this Agreement.
(b) Any damage or defect occurring, at any time, during shipment of Technology. When returning Technology to the Seller or its Agents, for repair or replacement, Buyer assumes all risk of loss or damage, and agrees to use any shipping containers provided or required by the Seller to ship the products in the manner prescribed by the Seller or its Agents.
(c) Any damage caused by unauthorized adjustment, repair or service by anyone other than personnel of Seller or its authorized repair/service agents.
(d) Repair, damage or increase in service time caused by failure to provide a continuously suitable installation environment, including, but not limited to; (i) neglect or misuse, (ii) a failure in quality of or sudden loss or surge of electrical power, (iii) improper air-conditioning or humidity control, or (iv) any other cause other than ordinary use.
(e) Repair, damage or increase in service time caused by fire, flood, earthquake, water, wind, lightning, or other natural disaster, strike, inability to obtain materials or utilities, war, civil disturbance or any other cause beyond Seller’s reasonable control.
(f) Failure to adjust, repair or replace any item of hardware if it would be impractical for Seller’s personnel or agents to do so because of connection of the hardware by electrical or mechanical means to another device not supplied by the Seller, or the existence of general environmental conditions at the Technology's location that pose harm to either the equipment or the Seller’s personnel.
(g) Any statements made about the Technology by the Seller’s salesmen, dealers, distributors or agents, unless such statements are in a written document published or signed by an officer of the Seller. Such statements not included in a signed writing do not constitute warranties, and shall not be relied upon by the Buyer and are not part of the Sales Agreement.
(h) Any damage arising from the use of the System in any application beyond what they are intended. Seller’s Technology is sophisticated data processing and communication devices and are not sold or distributed for personal, family or household purposes, or failure of Buyer to perform preventive maintenance.
(g) Any claim, suit, demand, or allegation of improper use, negligence, injury or damage asserted by any third party, customer or patient, or their legal representatives, of Buyer without limitation. This shall include and not be limited to any adverse ruling, damages, claims, awards, penalties and attorney’s fees incurred by Seller in defending such claims.
Buyer acknowledge basic EMOTOX Body Balance training, along with the background information included in the PEP Training materials accompanying the SpectraVision sale, is required for the operation of the SpectraVision Technology.
The basic EMOTOX EBB training is included at the inception of the sale and can be completed at an EMOTOX EBB training weekend. Additional per person charge will be assessed for more than two persons. The training does not include transportation, food, or lodging for the attendees.
The Buyer further acknowledges that ongoing successful use of the System also requires additional training and diligence. This includes attending VOLL Polarity Therapy Training which is not included in the sales price (unless otherwise stated in your proposal options) but it, along with consistently learning about the Bionetic Science within the Knowledge Base and Educational materials, is paramount to the Buyer’s overall clinical success.
Regular attendance at company trainings is also necessary to achieve a successful, on-going, relevant application of the technology. Training dates, fees, course content and course outlines are available via email and online. Trainings are not guaranteed to take place in your area and may require travel expenses such as transportation, food, or lodging for the attendees.
Without exception, all notices demands or consents required or permitted under this Agreement shall be in writing and shall be delivered UPS, DHL, Fed Ex. Or mail certified return receipt requested to the respective parties at the address set forth in this Agreement or at such other address as such party shall specify to the other party in writing at 470 Asheville Highway Suite B-151, Brevard NC 28712.
20. Governing Law and Venue.
Jurisdiction of this Member Sales Agreement falls under the IABC Ecclesiastical Tribunal and the Members agree to be fully bound by the determination of the IABC Ecclesiastical Tribunal should there be any disagreements regarding this transaction.
21. Dispute Resolution.
Any and all complaints or grievance the Buyer Member or the Distributing Member may have, or that arise incidentally to membership (which is fully explained within the Member Share Agreement), and subsequent purchase of the SpectraVision Technology, and Education Programs are subject solely to the jurisdiction of the IABC Association’s Ecclesiastical Tribunal The Parties agree to be bound by the IABC Ecclesiastical Tribunal Decisions.
22. Entire Agreement.
The parties acknowledge that this Agreement expresses their entire understanding and Agreement and that there have been no oral or warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement and Operations Manual. The parties further acknowledge that this Agreement supersedes, terminates and otherwise renders null and void any and all prior Agreements and or contracts, whether written or oral, entered into between the Buyer and the Seller with respect to the matters expressly set forth in this Agreement. Let it be known that statements herein are the total summation of the Sales Agreement. No changes or additions are allowed.
23. Acceptance of Sales Agreement.
We have carefully reviewed the items of agreement contained within this document and consent to all of its terms and conditions, which is executed as of the day and year first written above and below. By my hitting the "accept" button and giving my signature electronically, I hereby agree to all terms and conditions noted herein.
24. Third Party Sales and Purchases
All purchases of BodyScan 2010 units or other technology from third parties will not be serviced (hardware nor software) by New Human. New Human cannot be held responsible for the protocols, recommendations, therapies, or use of third party purchased BodyScan devices or practitioners.
Terms and Conditions Subject to Change Without Notice.