Purchasing

 

In order to purchase this extraordinary research technology and to prevent those of low integrity from misrepresenting the potential of our research technology, or the willful or accidental misuse of same, we require that each person purchasing our BCX equipment must print out, read, sign, and include the following when sending in their purchase request...

 

DISCLAIMER, RELEASE AND INDEMNITY AGREEMENT

 

THIS AGREEMENT is in favor of BCX, Reliable Funds, New Earth, and all related parties and agents. BCX Reliable Funds, being the actual seller of record, shall hereinafter referred to as "Seller" by _______________________________________________ (print your name here) hereinafter referred to as "Buyer/User" whose address is _____________________________________ Further, all use of the terms 'BCX' and 'instrument' shall be construed to include both the BCX Ultra with Ray Tubes and all related equipment and accessories. Buyer/User desires to, and intends to use and/or purchase Seller's BCX instrument/s which Buyer/User acknowledges and agrees is an experimental, non-medical unit.

 

WHEREFORE, in consideration of Seller allowing Buyer/User to use and/or purchase said instrument, Buyer/User agrees as follows:

 

1. Buyer/User agrees that he/she/it shall defend, indemnify and hold harmless Seller, his agents, employees, affiliates, family, heirs, assigns, and subsidiaries, and each of them, from and against any and all claims, demands, or causes of action, suits, damages, proceedings, losses, actual attorney's fees, expenses, or liability of every nature whatsoever arising from injury to Buyer/User or Buyer/User's property or other persons or property ("claim") resulting out of, or in connection with, Buyer/User's use/purchase of the BCX instrument/s. This indemnification agreement applies to claims, demands and liability for injuries occurring after completion of Buyer/User's use/purchase of the instrument, as well as during the use of the BCX instrument/s including but not limited to demonstrations prior to purchase, and applies to claims, demands and liability for injury contributed to by the negligence, whether active or passive, or other misconduct of Buyer/User. This indemnity agreement shall include but not be limited to:

 

(a) personal injury, including but not limited to bodily injury, emotional injury, sickness, disease or death of any person including, without limitation, employees and agents of Buyer/User, or any other members of the public for damaged property of anyone (including loss of use thereof) caused by or alleged to be caused in all or part by any negligent act or omission of Seller or Buyer/User or anyone directly or indirectly employed or engaged by Seller or Buyer/User, or anyone for whose acts Seller or Buyer/User may be liable regardless of whether such personal injury or damage is caused by a party indemnified hereunder;

 

(b) claims, liabilities or penalties imposed on account of or in violations of any law, order, citation, rules, regulation, standard, ordinance of statutes caused by the action or inaction of the Seller or Buyer/User.

 

(c) claim for royalties, damages, or injunctive relief as the result of alleged infringement of patent, copyright, or trade secrets rights arising out of the use of said machine or by or on account of any act or omission of Seller or Buyer/User.

 

2. Buyer/User hereby releases and forever discharges Seller and his heirs, executors, administrators, assigns, employees, agents, legal representatives, licensees, affiliates, successors, receivers and trustees from any and all known or unknown actions, cause of actions, suits, debts, expenses, demands, claims, liability loss or damages of every nature, kind and description which Buyer/User following the execution of this document, may have arising out of, on account of, or in connection with Buyer/User's use or purchase of the BCX instrument/s.

 

Buyer/User acknowledges that he/she/it is familiar with Section 1547 of the California Civil Code which provides: "A General release does not extend to claims which a creditor does not know or expect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."

 

The undersigned agrees that this Release and Indemnity Agreement shall apply to all unknown and unanticipated claims for damages resulting from said use, as well as to those now disclosed. The undersigned hereby expressly waives and relinquishes any right or benefit which he/she/it may have under Section 1542 to the full extent that such can be lawfully waived. In connection with such waiver and relinquishment, the undersigned acknowledges that he/she/it is aware that he/she/it may hereinafter discover facts in addition to or different from those which he/she/it now knows or believes to be true with respect to the subject matter of this agreement, and that it is his/her/its intention to fully, finally and forever settle and release all of these released matters, differences, disputes and claims, known or unknown, suspected or unsuspected, which do now exist, may exist, of hereafter exists, and that,in the furtherance of said intention, the release given herein shall be and remain in effect as full and complete general releases, notwithstanding the discovery or existence of such additional facts.

 

3. Buyer/User warrants that no promise or inducement has been offered except as herein set forth; that this Release and Indemnity Agreement is executed without reliance upon any statement or representation by Seller, Seller's counsel or other representative; that he/she/it is legally competent to execute this Release and Indemnity Agreement and accepts full responsibility therefore.

 

4. This agreement shall inure to the benefit of and be binding upon Buyer/User's heirs, successors, and assigns.

 

5. In the event of litigation or arbitration in connection with or concerning the subject mater of this agreement or, it Buyer/User incurs attorney's and costs to enforce this agreement, including enforcement of any judgement of order, Buyer/User shall pay to Seller such attorney's fees and costs incurred by Seller in connection with such litigation, arbitration or enforcement.

 

6. User acknowledges and agrees that this agreement shall supersede and replace any and all prior agreements between he/she/it, whether written or oral. No prior agreements nor any part thereof shall have any force or effect after the effective date of this agreement.

 

7. Buyer/User agrees to execute any and all other documents necessary to carry out the intentions and agreements contained herein and pertaining to the legal, lawful operation of the BCX instrument/s.

 

8. Buyer/User further agrees that this experimental unit is not intended to be used as a medical device nor should it be construed as such. That it is not meant to be used to prescribe a treatment, to be used as a treatment, or to be used in any way to diagnose any illness or disorder. Neither is it intended to be used to endorse claims that electric frequencies are effective in the mitigation, treatment, cure, or prevention of any disease or health disorder. This unit is for EXPERIMENTAL RESEARCH use only.

 

9. Buyer/User states, certifies, and guarantees that he/she/it is in no way employed by, associated with, or in the service of, or to, any local, state, or federal health, regulatory, administrative, revenue or law enforcement agency.

 

THIS AGREEMENT is executed by Buyer/User on this date set forth hereinbelow opposite his/her/its signature and shall be effective on that date. In signing this Agreement, buyer/user certifies he/she

has read, understood, and fully accepts the terms herein.

 

Buyer/User (print name) ___________________________________________________

 

Signature ___________________________________________________

 

Physical Address (for UPS) ___________________________________________________

 

Phone _____________

 

 

This Release and Indemnity Agreement must be printed out, signed and returned with your order.

Note: All information will remain confidential and will not be shared with any other persons or agencies.

Thank you.

 

To order, please send Cashier's Check in the amount of $2695 payable to: Reliable Funds

and mail with this signed Agreement to:

 

BCX

PO Box 906

Weaverville, CA 96093