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Terms & Conditions
DMA Alternative Solutions LLC, DBA The Lymphedema Lady is a licensed distributor for Electromedical Technologies, and any material related to Electromedical Technologies has been done so with permission. This site is governed by the Terms and Conditions provided by Electromedical Technologies.
The Lymphedema Lady website www.thelymphedemalady.com is produced by DMA Alternative Solutions LLC.
By using The Lymphedema Lady site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by the terms and conditions set forth herein, do not use the sites or download materials from the sites.
The entire contents of these sites are copyrighted under copyright laws, and Electromedical Technologies reserves all rights in any text, graphic images and software used, displayed or contained in the sites. Users may download or print materials for their non-commercial use only, provided that such use does not include modification of any material or information contained in the sites, or any further copying, distribution, display, transmission or dissemination in paper or electronic formats, and provided further that any copy you make retains all copyright or other proprietary notices and any disclaimers contained thereon. The copying, redistribution, or publication of any part of the sites is prohibited.
ELECTROMEDICAL TECHNOLOGIES WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON ITS SITE; HOWEVER, ELECTROMEDICAL TECHNOLOGIES MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. ALL USERS AGREE THAT ALL ACCESS AND USE OF THE SITE AND THE CONTENTS THEREOF IS AT THEIR OWN RISK. THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELECTROMEDICAL TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED OR WILL BE ERROR OR VIRUS FREE. ADDITIONALLY, ELECTROMEDICAL TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE. IN NO EVENT SHALL ELECTROMEDICAL TECHNOLOGIES, ITS AFFILIATES AND THEIR SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS OR THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ELECTROMEDICAL TECHNOLOGIES MAKES NO CLAIMS WHATSOEVER REGARDING THE ACCURACY OR THE AVAILABILITY OF ANY INFORMATION AVAILABLE THROUGH ANY PERSON NOT AFFILIATED WITH ELECTROMEDICAL TECHNOLOGIES, INCLUDING MATERIAL OBTAINED FROM LINKS TO OTHER SITES CONTAINED WITHIN ELECTROMEDICAL TECHNOLOGIES SITE.
Designed for relief of pain such as any chronic, intractable and post-surgical pain, the Wellness Pro® Transcutaneous Electrical Nerve Stimulation device is specifically made for Pain management. Electromedical Technologies, as the manufacturer of medical devices, does not practice medicine and does not recommend these or any other medical technique for use on a particular patient. The physician is responsible for determining and utilizing the appropriate techniques for treating each individual patient. Electromedical Technologies is not responsible for selection of the appropriate technique to be utilized for an individual patient. Electromedical Technologies offers a 30-day money back guarantee for the WellnessPro 2010, with $150 restocking fee. The unit must be returned non damaged and in excellent working condition in its original package including all the accessories.
Federal law restricts this device to sale by or on the order of a practitioner licensed by the law of the State in which he/she practices to use or order the use of the device.
The Electromedical Technologies site has several links to web pages that are not associated with Electromedical Technologies. Electromedical Technologies is not responsible for the content provided in those sites, does not in any way recommend a particular product or service, and does not guaranty the accuracy of the information provided. Electromedical Technologies shall not be liable for any damages or injury arising from a user’s access to such site.
Electromedical Technologies is not responsible for the content provided in any of it’s distributor websites and does not in any way recommend a particular product or service, and does not guaranty the accuracy of the information provided or supports any statements on these sites. Distributor’s agree to present and market the Wellness Pro according to the Marketing and Compensation Plan and will not advertise the device less than the MSRP of $3495.
The Electromedical Technologies site contain information about products that may or may not be available in a particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by governmental regulatory bodies for sale or use with different indications and restrictions in different countries. Indications for use may vary from country to country. Nothing contained on the sites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by the laws or regulations of the country where the reader is located. Specific questions about the availability and use of products described on the sites should be directed to your local representative.
Any information contained, from time to time, on the Electromedical Technologies site, related to various health, medical or other conditions and their treatment contained on these sites is not meant to substitute for the advice from your physician or related healthcare professional. You should always read the package insert prior to use, and you should always contact and consult with your physician or related healthcare professional for the diagnosis of your condition and the treatment, if any, thereof.
Electromedical Technologies does not utilize unsolicited ideas for products or services. Please do not send any e-mail or in any other way communicate ideas for new products or services. Any e-mail containing unsolicited ideas will be deleted from our system immediately. By continuing to access Electromedical Technologies web sites and sending e-mails to us, you agree that you will have no recourse against Electromedical Technologies for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to us. Any unsolicited information sent to Electromedical Technologies will be deemed not to be confidential. If you provide any information or material to Electromedical Technologies through the sites, by e-mail or otherwise, Electromedical Technologies will have no obligation of any kind with respect to such information and material and will be free to reproduce, use, disclose, display and distribute such information and material to others without limitation. All product names, whether or not appearing in large print or with a trademark symbol, are the trademarks of Electromedical Technologies, its affiliates, related companies or its licensors or joint venture partners. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and liable, the law of privacy and publicity, communications, regulations and statutes.
Any product, process, technology, program or service described in the Electromedical Technologies sites may be subject to the intellectual property rights of Electromedical Technologies. Except as expressly provided herein, nothing contained in the sites shall be construed as conferring any license or right under any Electromedical Technologies copyright, patent, trademark or other intellectual property right. Please be advised that Electromedical Technologies actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The sites may contain forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995 that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from Electromedical Technologies expectations and projections in these statements. These risks and uncertainties include general industry conditions and competition; economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approvals; domestic and foreign health care reforms and governmental laws and regulations; and trends toward health care cost containment. The Company assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELECTROMEDICAL TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE NOTICES CONTAINED HEREIN. ANY LEGAL ACTION OR PROCEEDING RELATED TO THE SITES SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT IN THE STATE OF ARIZONA, MARICOPA COUNTY.
Electromedical Technologies reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Legal Notice, in whole or in part. Changes will be effective when notice of such change is posted. Your continued use of this site after any changes to this Legal Notice are posted will be considered acceptance of those changes.
Privacy
The website www.thelymphedemalady.com(hereinafter “website”) is operated by DMA Alternative Solutions LLC and its affiliates (hereinafter “DMA Alternative Solutions LLC”, “we” or “our”).
DMA Alternative Solutions LLC is responsible for the content of the website that relates to data privacy. We recognise the significance of your Personal Data and are under obligations to observe and protect it.
This Privacy Policy relates to the capturing and use of information by DMA Alternative Solutions LLC while you visit and use the website. If you are located in the European Union (“EU”), you may have particular rights and obligations in relation to your personal information collected by DMA Alternative Solutions LLC (which are explained below) and DMA Alternative Solutions LLC shall be the data controller under EU data protection laws, to the extent necessary and applicable.
In some circumstances, our use of your information will be subject to the requirements of the Health Information Portability and Accountability Act (commonly known as “HIPAA”). For example, this is the case in some situations when you enroll in one of our clinical trials, or if you are a United States citizen who is treated with a DMA Alternative Solutions LLC product. In those circumstances, our HIPPA Notice of Privacy Practices will also apply. If you have questions about which policy applies to the information you have submitted, please do not hesitate to Contact Us.
Please read this Privacy Policy carefully so that you know what information we capture from you, how this information will be used, who it may be disclosed to, what choices you have with regard to the capturing of your Personal Data, what rights you have in terms of this information, and what safety measures we have implemented to protect your Personal Data. This Privacy Policy is also part of the Terms and Conditions that are applicable for this website (hereinafter “Terms and Conditions”).
By using this website, you consent to our Terms and Conditions and this Privacy Policy.
We review our Privacy Policy and Data Privacy Procedures from time to time in order to ensure compliance with applicable law, and to optimize and further develop them, since the protection of your Personal Data is an important concern for us. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.
PERSONAL DATA
The term “Personal Data” as used in this Privacy Policy refers to information such as your name, birth date, e-mail address, mailing address, or telephone number that can be used to identify you. Generally, we will only process your Personal Data captured while you visit this website as described in this Privacy Policy. However, we reserve the right to conduct additional processing to the extent permitted or required by law, or in support of any legal or criminal investigation.
The next sections explain how and when we collect Personal Data from you and what we do with it.
CAPTURED PERSONAL DATA
We will collect and process the following Personal Data about you:
Information you give us: If you send us an e-mail to the e-mail addresses stated on the “Contact” page of the website, or if you correspond with us by other means such as the telephone, the Personal Data provided by you (which could include data concerning your medical condition) will be collected and processed by DMA Alternative Solutions LLC. This includes information such as your name, your e-mail address, and/or telephone number and information about your state of health and information about an adverse event, for example, if you have reported these in your e-mail.
Information we collect about you: We also automatically collect information from all of our website visitors, on each of their visits to our website. When you access the website, technical data is captured by our automated data capturing systems, which may include cookies and other common technologies. Certain standard information is captured with these technical options that are sent to the website by your browser, such as the type and language of your browser, access times and address of the website that you used to reach our website. Information could also be captured using your IP address or click stream data within our website (i.e. the pages that you view, the links that you click, or other behavior associated with your use of the website).
CHILDREN
Our website is directed toward adults. We do not knowingly collect or use any Personal Data from children under age of 16, and if we become aware that we have collected such data we will delete it.
USE OF PERSONAL DATA
We collect your Personal Data (which may include sensitive Personal Data) and may use that Personal Data, pursuant to this Privacy Policy, for the following purposes:
(i) to make contact with you to answer our surveys and requests (with prior opt-in consent);
(ii) for internal corporate purposes, including statistical analysis and recordkeeping;
(iii) for individual adaptation of the website to your needs and for your support while you use the website;
(iv) to send you promotional communications about our products (with your consent)
(v) to administer, troubleshoot, and optimize the website so that we have better knowledge of who is using the website and to gain a better understanding of the needs and interests of the visitors and users in this way;
(vi) so that adverse events or other reports that we have received based on the information that you submit remains undisclosed and cannot be disclosed to any unauthorized third parties;
(vii) to comply with applicable laws, provisions, or practical guidelines; and
(viii) to enforce the legal terms that govern your use of the website.
DISCLOSURE OF INFORMATION
Affiliates: We share your Personal Data with our affiliates as necessary to fulfill the purpose for which this information was provided including providing our product or communicating with you.
Service providers: We share information with service providers that assist us with certain functions of the website as well as with the provision of the product. This includes: direct marketing, website hosting, analytics, and technical support. All services providers must adhere to our Privacy Policy and use of the data is only permitted by them within the framework of providing services on our behalf.
Information security: The server used to operate the website automatically identifies a computer using its IP address. If we determined that the website has been used improperly, or that you have caused or have attempted to cause any damage to the website, we may carry out an investigation and work together with the relevant prosecution authorities in order to protect our rights or our property. Your Personal Data may be disclosed in the context of such an investigation.
Compliance with legal obligations: In a similar manner, we will disclose your Personal Data in accordance with any applicable law, regulation, legal process, or enforceable governmental request, or when directed to by state authorities, or if we are of the opinion that this disclosure is to protect our rights and our property, and/or the rights, property, or security of third parties, including consultants, prosecution authorities, legal, and regulatory authorities, as well as healthcare authorities such as the European Medicines Agency (EMA).
Business reorganization: We will transmit your Personal Data to third parties in the event we are involved in a merger, acquisition, restructuring, or if the entirety of our assets or business shares, or a part thereof, are acquired, or if our legal successor assumes control of, or becomes a part of our company if we are involved in liquidation proceedings.
LEGAL BASES FOR PROCESSING PERSONAL DATA
We process your Personal Data for the purposes described above, based on the following legal grounds:
(i) With your consent: We ask for your consent to process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we will send you email updates about new features or our product. You may unsubscribe from this mailing at any time.
(ii) For our legitimate interests: We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. For example, we process your information in order to help us:
- Provide, maintain, and improve our website;
- Perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the website;
- Improve the content and features of the website or develop new content and features;
- Promote website content;
- Detect, prevent, or otherwise address fraud, abuse, security, or technical issues with our website;
- Protect against harm to the rights, property, or safety of DMA Alternative Solutions LLC, our employees, or the public as required or permitted by law;
- Share information with our third party providers in connection with the management or optimization of our website
- Share information with third parties in connection with a business reorganization or liquidation proceedings
- Enforce legal claims, including investigation of potential violations of applicable Terms and Conditions.
(iii) To fulfill our contractual obligations: We process your Personal Data to provide a service you have requested under a contract. For example, we will use your information to respond to inquiries that you have sent to us on the website.
(iv) To comply with legal obligations: We process your Personal Data when we have a legal obligation to do so, for example, if we are responding to legal process or an enforceable governmental request.
RETENTION OF PERSONAL DATA
We will retain your information for as long as is necessary for the purpose for which you provided the data and in accordance with our Records Retention Policy developed in accordance with applicable data protection law. We may retain information for a longer time to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements.
Please note that even if you request that we delete your information, deletion by our third party providers may not be immediate and the deleted information may persist in backup copies for a reasonable period of time.
YOUR RIGHTS
If our processing of your information is subject to the data protection laws of the European Union, you are entitled to:
- receive copies of your Personal Data under certain circumstances;
- to have the processing of your Personal Data restricted where you dispute its accuracy, if you think its processing is unlawful, or if you otherwise object to its processing, or when DMA Alternative Solutions LLC no longer needs your Personal Data and you need it in relation to a legal claim; and
- request the correction or deletion of erroneous or incomplete Personal Data to the fullest legally permissible extent.
Requests to delete Personal Data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on us.
If you would like to exercise the above-mentioned rights, please direct your written concerns to:
DMA Alternative Solutions LLC,
info@thelymphedemalady.com
Please do not send us any unencrypted Personal Data via e-mail. We would also like to inform you that in order to determine its authenticity, we must review and investigate any correspondence that we receive via e-mail that makes an application for access to, or amendment of your data.
You also have the right to complain to a data protection supervisory authority in the EU if you feel that any of your Personal Data is not being processed in accordance with applicable data protection laws.
SECURITY
The safety of your Personal Data is an important concern for us. We take appropriate steps, including technical, administrative, and physical security measures to protect the Personal Data provided to us against loss, misuse, and unauthorized access, disclosure, amendment, and deletion. However, no Internet security or transmission processes are 100% safe. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Always exercise caution when transmitting Personal Data via the Internet.
COOKIES
Cookies are small text files that may be encrypted and are saved to the computer hard disk drive by the websites that you visit.
Cookies support the user by enabling efficient use of websites and also provide the website operator with important information. These cookies do not contain any software programs. Generally speaking, there are two types of cookies: Cookies that are only used while visiting the website and are deleted again once it is closed, and cookies of longer duration that are saved permanently on a website and are activated each time it is visited. DMA Alternative Solutions LLC uses both types of cookies in order to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. You are able to delete both types of cookies using the appropriate browser settings at any time.
When you visit our website, we will place a “cookie” on your computer to allocate a session ID and based on the website content prepared in accordance with your interests, and it will enable you to navigate the website more easily when you visit the website again.
Internet browsers frequently enable the deletion of cookies from your hard disk drive, blocking cookies, and/or will notify you once you encounter a cookie. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you block cookies on your computer, you may not be able to use all the functions and features of the website. Further information about cookies, as well as about where they are placed, how they are administered and deleted can be found at www.allaboutcookies.org.
CONTACT US
info@thelymphedemalady.com
Shipping & Returns
We ship everywhere in the U.S.
FedEx Domestic (USA)
FedEx is our shipping carrier of choice. Standard (Ground) shipping ranges from 1-5 days. Once your order is placed, you will receive a shipping confirmation and tracking number via email.
Overnight Service
Orders placed for overnight service before 11:00 AM MST will ship out the same day and will arrive the following day (excluding holidays and weekends.)
SHIPPING RATES
All of the rates showed in our shopping cart are FedEx rates.
RETURNS
Accessory Return Policy
Any accessories returned within 30 days of purchasing must be unused, intact, and remaining in the original package.
30 day Money Back Policy
Not right for you? No problem we honor a 30 day window from the date you received your Wellness Pro 2010 Plus Full pack, this includes a restocking fee of $150.
Return Shipping
To return your product for a refund, you will be responsible for paying your own shipping costs. Shipping costs are non-refundable.
* Once your return is received and inspected we will notify you of the approval. Please allow for a period of up to 3-5 business days for the bank to post your refund.
For more information email our customer service info@thelymphedemalady.com