Welcome to Caputron.com
This website is operated by Caputron. Throughout the site, the terms “we”, “us” and “our” refer to Caputron. Caputron offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Intellectual Property
All text, graphics, images, audio, video, software, data compilations, page layout, underlying code, software and any other form of information which make up this website (hereafter known as “Content”), unless uploaded by a visitor or customer, is the property of Caputron, our affiliates or other relevant third parties. By continuing to use Caputron.com, you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission. You must not reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Caputron.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
9. Your Account
a. You must ensure that the details provided by you upon registration or at any time are accurate and complete.
b. To ensure optimal communication, you must inform us immediately of any changes to information that you provided upon registering by updating your personal details.
c. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
d. You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
e. Caputron reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
10. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. Product Description and Information Disclaimer
While Caputron strives to be as accurate as possible, use of Caputron.com and all the information contained within is at the user’s discretion. Any and all product descriptions and claims are sourced from the products' respective manufacturers. Caputron does not warrant that product descriptions, claims or other content of any products distributed by Caputron is accurate, complete, reliable, current, or error-free. Caputron holds no responsibility for the accuracy of claims obtained from product manufacturers. For Caputron manufactured products, we are cautious to not make any unverified claims. If a product offered by Caputron itself is not as described, your sole remedy is to return it in unused condition.
Information about tDCS Electrode Placements and other experimental study information mentioned on the site is NOT to be considered as medical advice, endorsement of practices or recommendation of treatment. For a medical condition requiring immediate attention, consult your physician. Any information contained within this website is provided as is and without any guarantees. When using Caputron.com, the user understands that he or she is responsible for verifying the accuracy of the information mentioned herein.
14. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
15. Payment terms
The terms of payment are within Caputron’s sole discretion. All sales are only effectively complete after payment has been received by Caputron and processed by the banking institutions involved. Caputron only accepts payments through Credit Card and PayPal unless other credit terms have been agreed to by Caputron. Invoices are due and payable within the time period stated on your invoice, measured from the date of the invoice. Caputron may cancel your order at any time prior to delivery in Caputron’s sole discretion. Caputron will contact the purchaser in such cases, as necessary, to inform them of that decision but no reason may be given to the user. Any and all typographical or other errors of pricing or delivery estimates for products offered by Caputron and all its affiliated business are not the responsibility of Caputron.
Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Caputron to the customer upon shipment to the customer. Loss or damage that occurs during shipping by a carrier selected by Caputron is the carrier’s responsibility. You must notify Caputron within 14 days of the date of purchase, invoice or acknowledgement if you believe any part of your purchase is missing, erroneous or damaged. Unless you provide Caputron with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship to location, you are responsible for sales, duties, import fees, and any and all other taxes associated with the order. Shipping and delivery dates are estimates only.
17. Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree that Caputron cannot be made liable for items taken to other countries or territories where laws and regulations regarding tDCS or other biomedical devices may be different. You agree and represent that you are buying for your own internal use only, and not for resale or export.
18. Reverse Engineering
You agree not to perform reverse engineering to any devices or accessory sold by Caputron through the website or otherwise. Recipient shall not analyze or reverse engineer or cause a third party to analyze or reverse engineer any part or the whole of the design or information contained within Caputron products at any time and for any purpose as these designs and information contained within are the sole property of Caputron and its affiliates.
You agree not to modify any device’s internal circuitry either to alter the devices capabilities or its functions. Any and all modifications or alterations to a device by anyone who is not an authorized representative of Caputron immediately voids any and all warranty to the device.
20. Product Not a Medical Device
You the purchaser and all users (collectively the “User”) understand and agree that electronic devices sold by Caputron are not professional medical devices (unless otherwise stated), and have not been reviewed or approved by the US Food and Drug Administration. Caputron makes no representation or claim that any electronic device sold by Caputron assists, treats, cures, prevents or provides any therapeutic benefits for any medical condition or ailment. The user further understands and agrees that user shall consult user’s physician regarding the potential benefits and risks of transcranial direct current stimulation (“tDCS”), proper safety protocols for tDCS and user’s physical and mental condition before attempting use of any electronic devices sold by Caputron for tDCS purposes.
DO NOT USE ANY ELECTRONIC DEVICES SOLD BY CAPUTRON IF YOU HAVE A HISTORY OF EPILEPSY, OR ANY METALLIC OR ELECTRONIC IMPLANTS SUCH AS A PACEMAKER OR A HEART RATE MONITOR. ADDITIONALLY, DO NOT USE ANY ELECTRONIC DEVICES SOLD BY CAPUTRON IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS OLD.
22. Mental Health Status
The user agrees to consult a physician should there be any concerns regarding the user’s mental state or capacity prior to using any product and to determine if the user is able use the product in a safe and effective manner given his or her own mental state.
23. 14 Day Return Policy
You may return any Caputron product within 14 days of receipt, after Caputron approves the return. Shipping fees incurred are the purchaser’s responsibility. Any loss or damage during shipping is also the purchaser’s responsibility. Returned devices must be in like new physical condition (not physically broken or damaged), and all accessories originally included with your device must be included with your return unless otherwise directed by Caputron; additional accessories (not included with a device) must be unopened. All items will be inspected upon return and Caputron retains the right to refuse a refund request if these conditions are not met. Caputron retains the right to charge you a 15% re-stocking fee of the original price of the product. Refunds will be processed and paid within 2 to 3 days of Caputron’s receipt of Product. Any products shipped via USPS at the customer’s request will be done so at their own discretion and not subject to a refund.
24. 90 Day Limited Warranty
Because Caputron sells products from a number of different manufacturers, the warranty of those various products sold by Caputron are subject to their respective manufacturer’s warranty. However, Caputron still warrants the electronic devices it sells from defects in materials and workmanship under normal use for up to 90 days of the original purchase date. If at the time of receipt of product and up to 90 days from the date of purchase the product no longer offers its normal functionality, the Purchaser should contact Caputron to inform us of that immediately. We may choose to repair or replace the Product at Caputron’s discretion. The warranty does not cover consumables such as batteries. Caputron does not warrant that the operation of Caputron manufactured Product will be uninterrupted or error-free. Caputron is not responsible for damage arising from failure to follow instructions relating to the Caputron manufactured Product’s use. The warranty for Caputron manufactured Products will not apply it has been altered or modified (refer to paragraph 12). In addition, this Limited Warranty does not apply: (a) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (b) to damage caused by operating the Caputron manufactured Product outside the permitted or intended uses described by Caputron or with improper voltage or power supply; or (c) to damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of Caputron. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
25. Optional Accident Protection Plan
For select devices or products, we may offer an optional accident protection plan that remains active for 1 year from the date of receipt. The protection plan covers the Product for drops, spills, other common accidents and common product malfunctions. The protection plan does not cover intentional damage, loss, or theft. At Caputron’s discretion, we may either choose to repair the Product, or replace your device with a refurbished version. Caputron also reserves the right to choose not to maintain the Product at all if deemed by our repair technicians that the damage to the Product was intentional, or for any other malicious reasons. We may also choose to not service the product if any evidence of tampering or altering of the internal components is present. Any and all shipping fees associated with the use of this accident protection plan will be the responsibility of the purchaser unless otherwise stated by Caputron.
26. Assumption of Risk
YOU THE PURCHASER AND ALL USERS ASSUME ANY AND ALL RISKS ASSOCIATED WITH UTILIZING THE PRODUCT IN ANY WAY. AS THE PURCHASER, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE AWARE OF THE INHERENT RISK OF INJURY ASSOCIATED WITH THE USE OF THESE DEVICES AND YOU THE PURCHASER AND ALL THE USERS ASSUME ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR WHILE USING THE PRODUCT IN ANY CAPACITY. THIS INCLUDES WITHOUT LIMITATION RISKS DUE TO EXPOSURE TO ELECTRICAL CURRENTS. PURCHASER AND/OR USER ARE AWARE OF THE RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF CAPUTRON AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF DEFECTS IN THE DESIGN OR MANUFACTURE OF THE PRODUCT OR THE ABSENCE OF WARNINGS OR INSTRUCTIONS REGARDING PROPER USE OF THE PRODUCT FOR TDCS OR ANY FORM OF ELECTRICAL STIMULATION PROCEDURES. USER IS VOLUNTARILY ENGAGED IN TDCS OR ANY FORM OF ELECTRICAL STIMULATION WITH KNOWLEDGE OF THE RISKS OF INJURY, AND OTHER RISKS, AND ASSUMES ANY AND ALL KNOWN AND UNKNOWN RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM USE OF THE PRODUCT FOR TDCS OR ANY FORM OF ELECTRICAL STIMULATION.
27. Release of Liability
USER RELEASES RELEASED PARTIES FROM ALL LIABILITY TO USER AND USER’S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THIS AGREEMENT OR TO USE OF THE PRODUCT, WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE RESULTS FROM USE OF THE PRODUCT FOR TDCS, TMS OR ANY OTHER PURPOSE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. USER BEARS SOLE RESPONSIBILITY FOR ANY LOSS.
You agree to indemnify, defend and hold harmless Caputron and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
29. Knowing and Voluntary Agreement
USER ACKNOWLEDGES THAT USER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND UNDERSTANDS THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. USER ACKNOWLEDGES THAT CAPUTRON IS MATERIALLY RELYING ON THIS WAIVER.
30. Governing Law; Jurisdiction
This Agreement shall be governed by and enforced in accordance with New York law as applied to contracts entered into in New York by New York residents to be performed entirely within the State of New York.
31. Limitation of Actions
No action, regardless of form, arising out of or in any way connected with any of the transactions under this Agreement or the articles sold hereunder may be brought by you or any user of the Product more than one year after such cause of action shall have accrued.
32. Entire Agreement
This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties with respect hereto. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.
33. Dispute Resolution and Binding Arbitration
YOU AND CAPUTRON ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN USER AND CAPUTRON, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Caputron”) arising from or relating in any way to the purchase or use of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Caputrons’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in New York, NY or at a location of Caputrons’ choosing. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) (or a substitute forum if AAA is unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR CAPUTRON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Caputron will be responsible for initial payment of all arbitration/arbitrator fees. The arbitrator may apportion arbitration fees and award reasonable fees under the standards for fee shifting provided by law. Information on AAA rules is available at the following telephone number and URL: American Arbitration Association, (800) 778-7879, www.adr.org.
34. Changes to Terms of Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
35. Contact Information
Questions about the Terms of Service should be sent to us at email@example.com.