Patents & Warranties

Patents

U.S. Patent No. 8,083,351
U.S. Patent No. 7,607,777
U.S. Patent No. 9,155,489
U.S. Patent No. 9,433,354
U.S. Patent No. 7,427,136

BRAINWEAR, LLC; BRAINWEAR.COM

LIMITED WARRANTY ON FRAMES PURCHASES

U.S. only – 1 YEAR

This BrainWear, LLC warranty is solely for purchases made in the United States (collectively “BrainWear”) and provides for replacement of the frame with a replacement frame if the delivered frame is not as you ordered. BrainWear, LLC (“Company”) warrants this product against defects in material or workmanship as to the frame provided for the original therapeutic owner for whom it is prescribed (‘You” or “Your”) for the time period of your specific frame and for NO other or subsequent end user owner(s). Pursuant to this Limited Warranty, BrainWear will, at its option, (i) repair the product using new or refurbished parts or (ii) replace the product with a new or recertified/refurbished product of the same (or similar) model. Company will deliver the new frame to you to fit the frame for which your original frame was designed unless otherwise agreed in writing. The frames and frames may then be taken to an optometrist of your choice for placement in the frames. For purposes of this Limited Warranty, “recertified” or “refurbished” means a product or part that has been returned to its original specifications. In the event of a defect, these are Your exclusive remedies. BrainWear does not warrant that the operation of the product will be uninterrupted or error-free beyond the period for which it is prescribed.

Term: For the time period set forth above from the original date of delivery of the product when purchased directly from BrainWear or BrainWear authorized dealer (To determine ii a dealer is in the BrainWear authorized dealer network, please visit US: www.BrainWear.com/retailers; or contact BrainWear directly), BrainWear will, at its option, repair or replace with a new, recertified or refurbished product or part, any product or part determined to be defective.

This Limited Warranty covers only the frame component packaged with the Product. It does not cover separate accessories, technical assistance for hardware or software usage and it does not cover other included content; any such other included content is provided “AS IS” unless expressly provided for in any enclosed Limited Warranty or End User License Agreement. Please refer to the End User License Agreement(s) included with the product for Your rights and obligations with respect to the other included content. If You purchased an extended service plan, please refer to the service plan for the coverage, duration and terms of service. Extended service plans are not governed by this Limited Warranty.

To obtain warranty service, You must deliver the product, in either its original case (aging or packaging affording an equal degree of protection to a BrainWear authorized service center) together with a dated purchase receipt in order to obtain warranty service. BrainWear cannot guarantee that it will be able to repair any product under this warranty or make a product exchange without risk to or loss to existing frames. It Is Your responsibility to remove any removable parts or other materials excluding frames You may have prescribed or placed on Your product. It Is likely that any parts or other materials will be lost during service and BrainWear will not be responsible for any such damage or loss. Contact the following for specific instructions on how to obtain warranty service for Your product:

For purchases made In the UNITED STATES:

Visit BrainWear’s Website: www.BrainWear.com/support or call (954)494-8883.

To register Your product or for contact information to purchase accessories or parts go to BrainWear’s Website

On-site service for frame occlusions can occur by bringing your product to a BrainWear support center at a Mind-Eye Institute office.

Repair/Replacement Warranty: This Limited Warranty shall apply to any repair, replacement part or replacement, recertified or refurbished frame for the remainder of the original Limited Warranty period or for one year from delivery (1) year, whichever is longer. Any parts or product replaced under this Limited Warranty will become the property of BrainWear. Any replacement. recertified or refurbished product provided under this Limited Warranty may, at BrainWear’s option, be as close as possible to the original frame in Company’s sole discretion, and may vary in color and/or cosmetic design from the original product and may not include any original engraving or similar customization/personalization.

BrainWear is not responsible for, and this Limited Warranty does not cover, any damage arising from a failure to operate the product within its intended uses, or otherwise follow the owner’s manual and safety instructions relating to the product’s use and installation. BrainWear is not responsible for any labor or parts costs you incur relating to repairs or services from providers/services other than from a BrainWear authorized service center. This Limited Warranty only covers product issues caused by defects in material or workmanship during ordinary consumer use. This Limited Warranty does not cover products purchased from sources other than BrainWear or a BrainWear authorized dealer Including non-authorized online auctions), or issues due to: (i) outdoor exposure and other acts of nature; (ii) accidental damage; (iii) abuse; (iv) contact with liquid, heat, sand, smoke, or foreign materials; (v) damage, malfunction and/or failure to product resulting from use of parts or supplies not sold or authorized by BrainWear; (vi) damage, malfunction and/or failure to product resulting from servicing not authorized or performed by BrainWear or a BrainWear authorized service center; or (vii) modifications of or to any part of the product, including “rooting” or other modifications to control the behavior of the product or any factory installed operating system.

LIMITATION ON DAMAGES: BRAINWEAR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION ON THIS PRODUCT. NOR SHALL RECOVERY OF ANY KIND AGAINST BRAINWEAR BE GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT FROM BRAINWEAR OR AN AUTHORIZED BRAINWEAR DEALER.

DURATION OF IMPLIED WARRANTIES OR CONDITIONS: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to You. This Limited Warranty gives You specific legal rights and You may have other rights which vary from jurisdiction to jurisdiction.

For purchases made In the U.S.: Read the following Dispute Resolution/Arbitration provision carefully. It details Your rights and Instructions should a dispute related to the product arise.

What Happens If We Have A Dispute: Should a dispute or claim arise related to the product, Your purchase and/or use of the product, the terms of this Limited Warranty, or any service provided under the terms of this Limited Warranty (including any repair or replacement) (“Dispute”), You and BrainWear agree that the Dispute shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE {OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER} IN ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, You have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including the amount in controversy) are satisfied.

Arbitration Instructions. To begin Arbitration, either You or BrainWear must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. The arbitration will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules and the Supplementary Proceedings for Consumer-Related disputes (“Rules”) of the American Arbitration Association (“AAA”), when applicable and in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between You and BrainWear, but in no event shall Your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point BrainWear will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless You and BrainWear agree differently, the arbitration will take place in the county and state where You live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act.

Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) You must notify BrainWear in writing within 30 days of the date that You purchased the product; (2) Your written notification must be mailed to BrainWear, LLC, 11550 North Meridian Street, Suite 125, Carmel, Indiana 46032, Attn: Legal Department; AND (3) Your written notification must include (a) Your NAME, (b) Your ADDRESS, (c) the DATE You purchased the product, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH BRAINWEAR, LLC THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.” Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and You will continue to enjoy the benefits other Limited Warranty.

BRAINWEAR, LLC; BRAINWEAR.COM

LIMITED WARRANTY ON LENS PRESCRIPTION

U.S. and only 45 days

WARNING: BRAINWEAR LENSES ARE SPECIFICALLY PRESCRIBED FOR THE BRAIN/RETINAL TREATMENT OF A UNIQUE INDIVIDUAL. YOUR BRAINWEAR IS TO BE USED DURING THE PRESCRIBED PERIOD IN YOUR VISUAL PROCESSING TREATMENT. DO NOT USE BRAINWEAR LENSES IF THESE GLASSES ARE NOT PRESCRIBED FOR YOU AT THIS TIME. IF BRAINWEAR LENSES CAUSE ANY PAIN OR DISCOMFORT IN YOUR HEAD OR BODY, DISCONTINUE USE AND CALL (954)494-8883, (847)732-5168, (327)270-3623, OR (847)696-6716 FOR IMMEDIATE ASSISTANCE. YOUR PRESCRIBING PHYSICIAN MAY EXPLAIN THAT SOME DISCOMFORT MAY BE EXPECTED FOR LIMITED PERIODS OF TIME. IF THIS PERSISTS, ALWAYS CONSULT YOUR PRESCRIBING OPTOMETRIST. IN THE EVENT THAT YOU ARE UNABLE TO REACH A PRESCRIBING OPTOMETRIST, CALL THE EMERGENCY NUMBER ABOVE.

This BrainWear, LLC warranty is solely for purchases made in the United States (collectively “BrainWear”) and provides for replacement of the lens with replacement lenses if the delivered prescription is not accurate or optimal in your doctor’s opinion. BrainWear, LLC (“Company”) warrants this product against defects in material or workmanship as to the prescription provided for the original therapeutic owner for whom it is prescribed (‘You” or “Your”) for the time period of your specific prescription and for NO other or subsequent end user owner(s). Pursuant to this Limited Warranty, BrainWear will, at its option, (i) repair the product using new or refurbished parts or (ii) replace the product with a new or recertified/refurbished product of the same (or similar) model. Company will deliver the new lenses to you to fit the frames for which your original lens was designed unless otherwise agreed in writing. The lenses and frames may then be taken to an optometrist of your choice for placement in the frames. For purposes of this Limited Warranty, “recertified” or “refurbished” means a product or part that has been returned to its original specifications. In the event of a defect, these are Your exclusive remedies. BrainWear does not warrant that the operation of the product will be uninterrupted or error-free beyond the period for which it is prescribed.

Term: For the time period set forth above from the original date of delivery of the product when purchased directly from BrainWear or BrainWear authorized dealer (To determine ii a dealer is in the BrainWear authorized dealer network, please visit US: www.BrainWear.com/retailers; or contact BrainWear directly), BrainWear will, at its option, repair or replace with a new, recertified or refurbished product or part, any product or part determined to be defective.

This Limited Warranty covers only the lens prescription component packaged with the Product. It does not cover separate accessories, technical assistance for hardware or software usage and ii does not cover any software products whether or not contained in the product, and other included content; any such software or other included content is provided “AS IS” unless expressly provided for in any enclosed software Limited Warranty or End User License Agreement. Please refer to the End User License Agreement(s) included with the product for Your rights and obligations with respect to the software or other included content. If You purchased an extended service plan, please refer to the service plan for the coverage, duration and terms of service. Extended service plans are not governed by this Limited Warranty.

 

To obtain warranty service, You must deliver the product, in either its original pad (aging or packaging affording an equal degree of protection to a BrainWear authorized service center together with a dated purchase receipt in order to obtain warranty service. BrainWear cannot guarantee that it will be able to repair any product under this warranty or make a product exchange without risk to or loss to existing lenses. It Is Your responsibility to remove « backup any removable parts or other materials excluding frames You may have prescribed or placed on Your product. It Is likely that any parts or other materials will be lost during service and BrainWear will not be responsible for any such damage or loss. Contact the following for specific instructions on how to obtain warranty service for Your product:

For purchases made In the UNITED STATES:

Visit BrainWear’s Website: www.BrainWear.com/support or call (954)494-8883.

To register Your product or for contact information to purchase accessories or parts go to BrainWear’s Website

On-site service for lens occlusions can occur by bringing your product to a BrainWear support center at a Mind-Eye Institute office.

Repair/Replacement Warranty: This Limited Warranty shall apply to any repair, replacement part or replacement, recertified or refurbished lens for the remainder of the original Limited Warranty period or for forty-five days from delivery (45) days, whichever is longer. Any parts or product replaced under this Limited Warranty will become the property of BrainWear. Any replacement. recertified or refurbished product provided under this Limited Warranty may, at BrainWear’s option, vary in color and/or cosmetic design from the original product and may not include any original engraving or similar customization/personalization.

BrainWear is not responsible for, and this Limited Warranty does not cover, any damage arising from a failure to operate the product within its intended uses, or otherwise follow the owner’s manual and safety instructions relating to the product’s use and installation. BrainWear is not responsible for any labor or parts costs you incur relating to repairs or services from providers/services other than from a BrainWear authorized service center. This Limited Warranty only covers product issues caused by defects in material or workmanship during ordinary consumer use. This Limited Warranty does not cover products purchased from sources other than BrainWear or a BrainWear authorized dealer Including non-authorized online auctions), or issues due to: (i) outdoor exposure and other acts of nature; (ii) accidental damage; (iii) abuse; (iv) contact with liquid, heat, sand, smoke, or foreign materials; (v) damage, malfunction and/or failure to product resulting from use of parts or supplies not sold or authorized by BrainWear; (vi) damage, malfunction and/or failure to product resulting from servicing not authorized or performed by BrainWear or a BrainWear authorized service center; or (vii) modifications of or to any part of the product, including “rooting” or other modifications to control the behavior of the product or any factory installed operating system.

LIMITATION ON DAMAGES: BRAINWEAR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION ON THIS PRODUCT. NOR SHALL RECOVERY OF ANY KIND AGAINST BRAINWEAR BE GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT FROM BRAINWEAR OR AN AUTHORIZED BRAINWEAR DEALER.

DURATION OF IMPLIED WARRANTIES OR CONDITIONS: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to You. This Limited Warranty gives You specific legal rights and You may have other rights which vary from jurisdiction to jurisdiction.

For purchases made In the U.S.: Read the following Dispute Resolution/Arbitration provision carefully. It details Your rights and Instructions should a dispute related to the product arise.

What Happens If We Have A Dispute: Should a dispute or claim arise related to the product, Your purchase and/or use of the product, the terms of this Limited Warranty, or any service provided under the terms of this Limited Warranty (including any repair or replacement) (“Dispute”), You and BrainWear agree that the Dispute shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE {OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER} IN ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, You have the right to litigate any Dispute on an individual basis in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including the amount in controversy) are satisfied.

Arbitration Instructions. To begin Arbitration, either You or BrainWear must make a written demand to the other for arbitration. The Arbitration will take place before a single arbitrator. The arbitration wlll be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules and the Supplementary Proceedings for Consumer-Related disputes (“Rules”) of the American Arbitration Association (“AAA”), when applicable and in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between You and BrainWear, but in no event shall Your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point BrainWear will cover all additional administrative fees and expenses. This does not prohibit the Arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless You and BrainWear agree differently, the arbitration will take place in the county and state where You live, and applicable federal or state law shall govern the substance of any Dispute during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. The Arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act.

Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) You must notify BrainWear in writing within 30 days of the date that You purchased the product; (2) Your written notification must be mailed to BrainWear, LLC, 11550 North Meridian Street, Suite 125, Carmel, Indiana 46032, Attn: Legal Department; AND (3) Your written notification must include (a) Your NAME, (b) Your ADDRESS, (c) the DATE You purchased the product, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH BRAINWEAR, LLC THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.” Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and You will continue to enjoy the benefits other Limited Warranty.