BWS Upgrade from ProVision (TWS) Terms and Conditions
1. I understand that the NES Health Bioenergetic WellNES System (BWS) is an energetic wellness device that interacts with the human body-field. The BWS is for use only by trained health practitioners or those enrolled in a suitable professional course that includes anatomy, physiology, and pathology (AP&P), who must rely on their independent professional judgment to determine whether and under what circumstances the BioEnergetic WellNES System may be an appropriate tool in their practice.
2. The BioEnergetic WellNES System only provides information about and means for adjusting the human body-field. It is not a medical diagnostic or treatment device and the NES Infoceuticals are not medicines but are bio-energetic only. I am solely responsible for any advice, information or recommendations that I may provide to third parties and NES Health accepts no liability with respect thereto. If claims over and above this are made, NES Health has the right to switch your BWS system off to avoid damages to NES Health's reputation and the misleading of clients.
3. NES Infoceuticals, their content and formulations, patents and/or copyright relating to them, remain at all times the intellectual property of NES Health.
4. NES Health offers online and live training for the BioEnergetic WellNES System. Practitioners have an obligation to ensure their training is kept up to date at all times by accessing it through the NES Portal.
5. Any attempt to make copies by any means whatsoever, or changing the nature or structure of the NES Infoceuticals by dilution or addition using any other substance(s) other than the original NES Infoceutical, or using such altered or purported NES Infoceuticals whether called NES Health or NES Infoceuticals or any other name which could cause a user or any other person to think they were original NES Infoceuticals being used in the treatment of clients, or offering such purported NES Infoceuticals to any other person whether for sale or not, or claiming or implying that the copied or altered remedies are the same or similar or more effective than the original NES Infoceuticals, will be in breach of copyright and will be liable to prosecution for such breach in addition to legal action for ‘passing off’ or unfair competition.
6. I agree not to engage in any advertising, promotion, or other communication of any kind to the public that falsely or deceptively states, suggests or implies any connection or affiliation by me with NES Health or any sponsorship or approval by NES Health to me and my services or business. I also agree to not misrepresent the potential of the NES Health system above and beyond a Bioenergetic tool in any media.
7. I agree not to transfer any or all of the BWS to any other party without express permission from the company. I understand that the BWS access is nontransferable and remains the property of NES Health.
8. I agree to indemnify, defend, and hold NES Health harmless from and against all damages, liability, demands, claims, costs, losses, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by NES Health, known or unknown, contingent or otherwise, directly or indirectly arising from or relating to all products from or services performed by NES Health, including, without limitation, the following:
• use by myself in any manner of the products.
• any claim by any third party based on the use of products provided by myself.
• any breach by myself of the terms and conditions of this Agreement.
• any negligent act or omission or willful misconduct by myself.
The only limitation that shall exist on my obligations under this Agreement shall be that I shall not be obligated to make any payment to NES Health that is finally determined to be unlawful under Florida law and the law of the United Kingdom.
9. Limitation of Damages: I am not entitled to receive damages from NES Health or any cause relating to this Agreement, to my use of NES Health’s products, to any services provided by NES Health under this Agreement, or to any services provided by any third party in connection with my use of these products. In addition, in no event will I be entitled to obtain any injunctive relief or enjoin, restrain, or otherwise interfere with NES Health or with the distribution, operation, development, or performance of NES Health’s products. NES Health will in no event be liable for any indirect, incidental or consequential damages, including loss of profits or interruption of business, nor for any special, exemplary or punitive damages.
10. This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida and the United Kingdom. The language in all parts of this Agreement shall be, in all cases construed according to its fair meaning and not strictly for or against a party.
11. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement.
12. If any one or more of the provisions of this Agreement shall for any reason be invalid in whole or in part, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was not contained herein or was contained only to the extent the same was enforceable. NES Health and I further agree to replace such void or unenforceable provisions of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.
13. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, if mailed to the party or to an officer of the party, by first class mail, registered or certified, postage prepaid, and properly addressed to the party. They may change their address for purposes of this paragraph, by giving notice of the change in the manner required by this paragraph, to the other party.
14. I will thoroughly read and understand any and all BWS instructions and waive in writing any and all liability for any results or any use of this system.
15. NES Health reserves the right to use the data within the system to improve algorithms and analyse data for research purposes.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. Any waiver of any provision of this Agreement will be effective only if in writing and signed by NES Health. Please read the above Agreement carefully.
I have read this NES Health Agreement and agree to the terms outlined herein. I understand that if I am entering into this agreement on behalf of a corporation or other legal entity, I have the authority to bind such entity to these terms and conditions and in which case the terms “you” and “your” and “I” and “me” shall refer to such entity. If I do not have the authority, or if I do not accept the terms and conditions of this agreement, I am not to accept this agreement, I am not to sign this agreement, and I will not use the associated products and services. By signing this Agreement I am agreeing to be bound by its terms.
2. The BioEnergetic WellNES System only provides information about and means for adjusting the human body-field. It is not a medical diagnostic or treatment device and the NES Infoceuticals are not medicines but are bio-energetic only. I am solely responsible for any advice, information or recommendations that I may provide to third parties and NES Health accepts no liability with respect thereto. If claims over and above this are made, NES Health has the right to switch your BWS system off to avoid damages to NES Health's reputation and the misleading of clients.
3. NES Infoceuticals, their content and formulations, patents and/or copyright relating to them, remain at all times the intellectual property of NES Health.
4. NES Health offers online and live training for the BioEnergetic WellNES System. Practitioners have an obligation to ensure their training is kept up to date at all times by accessing it through the NES Portal.
5. Any attempt to make copies by any means whatsoever, or changing the nature or structure of the NES Infoceuticals by dilution or addition using any other substance(s) other than the original NES Infoceutical, or using such altered or purported NES Infoceuticals whether called NES Health or NES Infoceuticals or any other name which could cause a user or any other person to think they were original NES Infoceuticals being used in the treatment of clients, or offering such purported NES Infoceuticals to any other person whether for sale or not, or claiming or implying that the copied or altered remedies are the same or similar or more effective than the original NES Infoceuticals, will be in breach of copyright and will be liable to prosecution for such breach in addition to legal action for ‘passing off’ or unfair competition.
6. I agree not to engage in any advertising, promotion, or other communication of any kind to the public that falsely or deceptively states, suggests or implies any connection or affiliation by me with NES Health or any sponsorship or approval by NES Health to me and my services or business. I also agree to not misrepresent the potential of the NES Health system above and beyond a Bioenergetic tool in any media.
7. I agree not to transfer any or all of the BWS to any other party without express permission from the company. I understand that the BWS access is nontransferable and remains the property of NES Health.
8. I agree to indemnify, defend, and hold NES Health harmless from and against all damages, liability, demands, claims, costs, losses, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by NES Health, known or unknown, contingent or otherwise, directly or indirectly arising from or relating to all products from or services performed by NES Health, including, without limitation, the following:
• use by myself in any manner of the products.
• any claim by any third party based on the use of products provided by myself.
• any breach by myself of the terms and conditions of this Agreement.
• any negligent act or omission or willful misconduct by myself.
The only limitation that shall exist on my obligations under this Agreement shall be that I shall not be obligated to make any payment to NES Health that is finally determined to be unlawful under Florida law and the law of the United Kingdom.
9. Limitation of Damages: I am not entitled to receive damages from NES Health or any cause relating to this Agreement, to my use of NES Health’s products, to any services provided by NES Health under this Agreement, or to any services provided by any third party in connection with my use of these products. In addition, in no event will I be entitled to obtain any injunctive relief or enjoin, restrain, or otherwise interfere with NES Health or with the distribution, operation, development, or performance of NES Health’s products. NES Health will in no event be liable for any indirect, incidental or consequential damages, including loss of profits or interruption of business, nor for any special, exemplary or punitive damages.
10. This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida and the United Kingdom. The language in all parts of this Agreement shall be, in all cases construed according to its fair meaning and not strictly for or against a party.
11. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over or against any party to this Agreement.
12. If any one or more of the provisions of this Agreement shall for any reason be invalid in whole or in part, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was not contained herein or was contained only to the extent the same was enforceable. NES Health and I further agree to replace such void or unenforceable provisions of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.
13. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, if mailed to the party or to an officer of the party, by first class mail, registered or certified, postage prepaid, and properly addressed to the party. They may change their address for purposes of this paragraph, by giving notice of the change in the manner required by this paragraph, to the other party.
14. I will thoroughly read and understand any and all BWS instructions and waive in writing any and all liability for any results or any use of this system.
15. NES Health reserves the right to use the data within the system to improve algorithms and analyse data for research purposes.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. Any waiver of any provision of this Agreement will be effective only if in writing and signed by NES Health. Please read the above Agreement carefully.
I have read this NES Health Agreement and agree to the terms outlined herein. I understand that if I am entering into this agreement on behalf of a corporation or other legal entity, I have the authority to bind such entity to these terms and conditions and in which case the terms “you” and “your” and “I” and “me” shall refer to such entity. If I do not have the authority, or if I do not accept the terms and conditions of this agreement, I am not to accept this agreement, I am not to sign this agreement, and I will not use the associated products and services. By signing this Agreement I am agreeing to be bound by its terms.