Terms and Conditions (last updated February 6, 2025)

The information on this website is provided as a service to businesses and individuals seeking goods and services. The consumer is encouraged to research any given business to ensure that the products and/or services are to their satisfaction. By use of any of the information listed throughout this site, the user agrees to hold the administrator of this page, the International Health Technologies (IHT) website, and any division of the business harmless from any consequence which may arise from utilization thereof.

Certain Acknowledgements: If purchasing any product or service from IHT and if the Buyer is a resident of the USA, the Buyer must be either a certified or licensed health care practitioner.  In all jurisdictions in the USA in which Buyer conducts business or is working under the guidance of a certified or licensed health care practitioner and agrees to operate any of the IHT System Devices and any other Equipment purchased by Buyer from IHT within the bounds of Buyer’s licensure and the laws of the state of residence for which a license is required.  Buyers are aware that the purpose of any of the IHT System Devices is for testing and not to be used to diagnose, treat, or cure health conditions or diseases. Buyer further acknowledges that learning to use the equipment is the responsibility of the Buyer, and that IHT cannot be held responsible for Buyer’s inability to utilize the equipment.  IHT can only complete webstore purchases for IHT customers with a current subscription in good standing. All others are prohibited, and any purchases will be promptly refunded.

Shipping Policy and Information:

  • Accessory Web Order Sales. In stock merchandise is usually shipped the next business day. Shipping includes $100 insurance against loss or damage. IHT will follow the respective shipping carrier’s policies to file loss claims. IHT will only reimburse the actual amount collected from the respective carrier of a paid loss claim. In the event of a non-deliverable package that is returned to IHT, for any reason, the shipping charges cannot be credited, and additional return shipping charges may be due and deducted from merchandise credit. A change of address, or address correction for any reason will be charged applicable rates if change or correction is required after shipment is collected by carrier.
  • System Web Order Sales. Systems will ship within 10 calendar days of the payment for the sale.  System sales are shipped with full replacement insurance coverage by IHT.  System sales require a signature from the Buyer or an adult representative for the Buyer.  Tracking information is sent to the Buyer by email from the carrier in order to inform the Buyer of the date of the scheduled delivery. In the event of a non-deliverable package that is returned to IHT, e.g. no one is available to sign for the System, the shipping charges cannot be credited, and additional return shipping charges may be due and deducted from merchandise credit.  A change of address, or address correction for any reason will be charged applicable rates if change or correction is required after shipment is collected by carrier.

Refund and Return Policy: IHT has a strict no return, no refund, no exchanges policy. Any Warranty issues will be handled within the terms stated on customers current Agreement.

All of the information and pages within the IHT website contain copyright protected materials. None may be reproduced without expressed written permission from IHT, except for personal use. Any reproduction by any means (print, radio, electronic or otherwise) without the explicit written permission of the IHT website is STRICTLY prohibited.

IHT website reserves the right to republish any material contributed by our readers. By posting a message via email, bulletin board or other submission, the subscriber expressly grants the right to IHT website to republish or sell the message as part of any edited compilation. IHT website will have a non-exclusive world-wide license to publish the content submitted by users and contributors within IHT website.

Since there are many thousands of possible sources spread out across the Internet, it is impossible for us at the IHT website to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to the IHT website, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for defamation or invasion of privacy, as well as any damage arising out of actions resulting from materials submitted by you and posted by the IHT website. You are responsible for ensuring that your message or posting does not violate any extant copyrights.

The information provided within this site is to provide information and assistance in helping its visitors. The IHT website and its staff will not be liable for any loss or damage suffered by a visitor to this site through the visitor’s reliance on the information found at the IHT website, its products/services directory, articles, affiliated companies and websites.

Certain names, logos, and/or phrases on these pages may constitute trademarks of IHT website or its clients. The trademarks and service marks of IHT products and services and other marketing phrases on this website are the sole property of IHT. Reproduction in whole or in part is strictly prohibited without the expressly written permission of IHT.

IHT System Sales and Software License Agreement (last updated February 6, 2025)

  1. Certain Buyer Acknowledgements. Buyer is either a certified or licensed health care practitioner in all jurisdictions within the USA in which Buyer conducts business or is working under the guidance of a certified or licensed health care practitioner and agrees to operate any of the IHT BioScan base units (“Device”), and the external components (“Accessories”) (collectively, the “System“) purchased by Buyer from IHT within the bounds of Buyer’s licensure and the laws of the governing body in which the System is located. Buyer agrees that the purpose of the IHT System is for testing and not to be used to diagnose, treat, or cure health conditions or diseases. Buyer acknowledges Buyer’s responsibility to learn to use the equipment properly, and that IHT is not responsible for Buyer’s inability to properly operate the System. Buyer (or Buyer’s technician) shall enroll and complete Level 1 training on the use of the System conducted by a Certified IHT Trainer within six (6) months of the Effective Date of the purchase of the System. Buyer acknowledges IHT’s right to suspend use of the software if satisfactory completion of the IHT Training is not completed within 90 days of Effective Date.
  2. IN THE USA ONLY. A copy of license or certificate must be provided to IHT and is incorporated herein as a part of this Agreement.
  3. Warranties: New BioScan System. The warranty for the new IHT System has two parts. 1) Device and; 2) Accessories. The initial warranty (“Initial Warranty”) for the Device covers all internal electronic components and all mechanical parts of the Device. The Initial Warranty coverage period for the BioScan Device is for one year after the Effective Date on this Agreement as part of the purchase of the System. The Initial Warranty period for the BioScan Device is extended (“Extended Warranty”) by the timely and continuous payments of monthly fees as defined in the BioScan Subscription Fees paragraph herein. The Warranty coverage period for Accessories to the System is for ninety (90) days after the Effective Date of this Agreement as part of the purchase of the System. There is no Extended Warranty available for Accessories. Any Warranty is valid only for the Buyer of this System and is not transferable. Buyer shall promptly report to IHT any apparent non-conformances. IHT’s sole obligation in the event of an actual non-conformance shall be to remedy any such non-conformance through repair, update, modification, or work-around directions. If non-conforming issues are reported within 30 days of receipt of the new System, and IHT’s Technical Support deems that it is necessary for any equipment to be returned, IHT shall issue a return shipping label to cover domestic ground shipping costs for the forty-eight contiguous states in the US. Systems must be shipped back in their original custom packaging (which Buyer is required to keep). If apparent non-conformances are reported after the 30-day period, and IHT’s Technical Support deems that it is necessary for any equipment to be returned, the non-conforming equipment shall be returned at Buyer’s expense to IHT Headquarters for repair or replacement. Non-conforming components verified by IHT to be under Warranty shall be repaired or replaced and such repaired components shall be returned to Buyer at IHT’s expense for domestic ground shipping only for the forty-eight contiguous states in the US. The Warranty period for a repaired or replaced part expires with the Warranty period of the original part or thirty (30) days from the date of shipment of the repaired part from IHT Headquarters, whichever is greater. Non-conforming components not verified by IHT to be under Warranty may be repaired or replaced by IHT after the Buyer pays for the time and material cost of the repair. The cost of the return shipment of the Non-Warrantied part is at the Buyer’s expense. Please Note: IHT will in NO case cover international shipping, taxes, duties, brokerage, insurance, or other charges to or from IHT for any Warrantied or Non-Warrantied equipment (see paragraph entitled “Taxes, Duties, Repairs and Other Associated Costs” herein). IHT reserves the right to supply either new or refurbished equipment (Device, Accessories, or parts) in the case of Warrantied or Non-Warrantied repairs or replacements. The Warranty specifications for the replacement, whether refurbished or new, remain the same. All Warranties are contingent upon proper use of the equipment. These Warranties will not apply (i) if adjustment, repair or parts replacement is required because of accident, unusual physical or electrical stress, water damage, neglect, misuse, failure of electrical power, or causes other than ordinary use, or (ii) if the goods are modified, maintained or repaired, or if attempts to modify or open the enclosure of the System or accessory, or if repair or service to the goods are made by other than IHT personnel. THE SPECIFIC WRITTEN WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ANY OTHER WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, IHT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF NONINFRINGEMENT OR TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, IN EACH CASE WITH RESPECT TO ALL SERVICES, EQUIPMENT AND PRODUCTS FURNISHED HEREUNDER. The written Warranties in this Agreement shall not be extended, altered, or waived except by a written instrument signed by IHT and Buyer. Equipment may include some components remanufactured to like new conditions and are Warranted as new.
  4. Other Warranty Matters. There is no Warranty on any of the following: (a) non-IHT supported hardware, i.e., MSA Pro, BEST, MSA 21; (b) a Vantage (built in computer), or a converted Vantage (“VantagePro”); (c) a Transferred System; (d) Transferred Accessories; (e) intended use of the System is for more than the owner of the System and one designated technician; or (f) instances where the Subscription Fee is less than $50.00 per month.
  5. Effect of Lapsed Subscription Fee on Extended Warranty. In each case where a BioScan Subscription Fee has not been current for at least twelve consecutive months, IHT will pro-rate the Extended Warranty at 1/12 per month. For example, a 50% Extended Warranty is available after the sixth month of reinstated continuous payments and full Extended Warranty coverage will be in effect after the twelfth month of reinstated payment/s of monthly or 6 months after the payment of the Annual BioScan Subscription Fee payments.
  6. BioScan Subscription Fees. All Fees are in USD. The Buyer shall purchase and continue to pay the BioScan Subscription Fees for the duration of the use of the System. BioScan Subscription Fees shall be paid either annually or monthly for the life of the ownership of the System. The Initial Warranty for the new IHT Device is extended (“Extended Warranty”) by the continuous and timely payment of the BioScan Subscription Fees after the first year of ownership of the IHT Device. The Subscription auto renews annually unless cancelled in writing by Buyer with 30-day notice. Interruption of the payment of the Subscription Fees will result in an interruption of the use of the System and of any Warranty. Buyer shall pay a re-activation fee of $100 for reinstatement of the Subscription Agreement, together with annual BioScan Subscription Fee payment. Refer to the Warranty Section C Effect of Lapsed Subscription Fee on Extended Warranty for details of affect and reinstatement of Extended Warranty. NO Warranty work will be required to be performed by IHT if the terms of this Section are not met. Timely and continuous payment of the Subscription Fees entitles the Buyer to (i) Tech Support during the normal IHT business hours including phone and remote desktop support; (ii) access to the Customer Only section of the IHT website; (iii) the Extended Warranty for the BioScan System (as defined and with the limitations defined in the Warranties Section of this Agreement); (iv) the right to purchase replacement cables, parts, and accessories; and (v) Software updates for the IHT Software licensed by the Buyer. Customers must be current on Subscription Fees to be eligible for these benefits. IHT reserves the right to suspend service to the Buyer immediately upon non-payment of Subscription Fees. IHT also does not offer any refund or credit of these Fees should the Buyer stop using the System for any amount of time for any reason. IHT shall have the right from time to time to increase BioScan Subscription Fees on ten (10) calendar day notice to Buyer.
  7. Indemnification. Buyer and IHT will indemnify, defend and hold each other and each other’s officers, directors, managers, employees, agents, affiliates and representatives (collectively, “Affiliates“) harmless from and against any and all losses, damage, cost, liability, claims, actions and expenses (including, without limitation, reasonable attorneys’ fees, litigation costs, court costs and amounts paid in investigation, defense or settlement of any of the foregoing, whether incurred at the arbitration, trial, appellate or administrative levels) (collectively, “Damages“), to the extent arising from the acts or omissions of the indemnitor. In addition, Buyer will indemnify, defend and hold IHT and its Affiliates harmless from and against any and all Damages (whether or not arising out of third-party claims and whether arising in contract, tort or otherwise) arising out of or related to (i) Buyer’s possession, use or resale of the System and any additional devices or equipment installed or delivered by IHT; (ii) the use and content of any services provided by IHT; (iii) Buyer’s breach of any HIPAA or other relevant regulatory compliance requirements; and (iv) Buyer’s breach of any term of this Agreement. Both Parties shall maintain adequate Worker’s Compensation, public liability, property damage and automobile liability insurance.
  8. Buyer’s Users, Affiliates and Clients and/or Patients. Buyer will be responsible for communicating with Buyer’s technicians and/or patients/clients of the System and related services and for handling all complaints made by such technicians and/or patients/clients. Buyer will defend, indemnify, and hold IHT and its Affiliates harmless from and against any and all Damages (whether or not arising out of third-party claims and whether arising in Agreement, tort or otherwise) arising out of or related to any service provided by, performed, or agreed to be performed by the Buyer or Buyer’s technicians, patients and/or clients.
  9. Buyer’s Obligations for Operation and Warranty of IHT System. Buyer is obligated to meet the current computer minimum specifications, the internet access requirements, and the anti-virus requirements for interface with the System. These requirements are published on the IHT website under Support #1 https://www.ihtbio.com/bioscan-computer-requirements/ . Computer requirements, internet access and anti-virus requirements and restrictions are critical to the proper operation of all System and IHT reserves the right to refuse to provide support or Warranty actions if these conditions are not met by the Buyer. From time to time, these specifications are updated, and it is the responsibility of the Buyer to periodically check the IHT website to ensure current compliance to these specifications.
  10. Taxes, Duties, Repairs and Other Associated Costs. Prices for the System, additional devices and equipment, and services are exclusive of all (i) duties, export/import costs, licenses, or fees (ii) local, state, federal and foreign sales, use, value-added and like taxes, and (iii) shipping, insurance, and expediting costs, and all such duties, taxes, or costs are the sole responsibility of Buyer. Any such duty, tax, or cost (including penalties and/or interest) that IHT may be required to collect or pay upon the sale, delivery or installation of the goods or services shall be reimbursed by Buyer to IHT upon Buyer’s receipt from IHT of an invoice for such duty, tax, or cost. This provision shall survive this Agreement and shall pertain to all items herein addressed which may arise at a future date because of an audit or review by a government agency, which may be performed on either IHT or Buyer regarding this Agreement. IHT reserves the right to withhold the use of the System if Buyer does not promptly reimburse IHT for any monies paid by IHT in this or any other regard.
  11. Delivery. Delivery shall be made O.B (EXW under INCOTERMS2010) IHT Headquarters, USA. Adequate insurance will be arranged by IHT for protecting goods while in transit to Buyer. IHT will select the carrier and will assume responsibility for follow-up of any claims of loss or damage in shipment with the carrier. If a shipment is verified as lost, IHT will ship a functionally equivalent replacement unit within five (5) working days to the Buyer.
  12. Title. Title to all goods furnished under this Agreement shall pass to Buyer upon completion of the later of delivery or payment of the goods, irrespective of any incremental payments made to IHT. IHT reserves the right to withhold use of the System in the event of delinquent payments and further reserves the right to repossess the System and/or terminate the ability to use the System after thirty (30) calendar days of any non-payment for products or services.
  13. Deemed Acceptance. Acceptance by Buyer of goods and services provided under this Agreement shall be deemed to have occurred on the delivery date as evidenced by the shipper delivery documentation unless written notice to the contrary is received by IHT within five (5) days thereof.
  14. Disclaimer/Limitation of Liability. IN NO EVENT, SHALL IHT BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR ABOUT THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SYSTEM OR RELATED DEVICES, WHETHER IN AN ACTION BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF IHT OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUCH EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COSTS OF REMOVAL AND REINSTALLATION OF ITEMS, LOSS OF GOOD WILL, LOSS OF PROFITS, LOSS OF USE, AND INTERRUPTION OF BUSINESS. Except for personal injury caused by IHT’s gross negligence or willful misconduct, the entire liability of IHT and its affiliates, officers, directors, managers, employees, agents and suppliers for any damage or expense from any cause, whatsoever will in no event exceed the price for the particular goods involved. Actions, however asserted, arising out of this Agreement, shall be commenced within one (1) year from the date the cause of action. Buyer will not pursue any claims against IHT for any liability IHT may have under or relating to this Agreement until Buyer first notifies IHT of such claims in writing and IHT has had reasonable opportunity to cure.
  15. Intellectual Property. Neither the execution and delivery of this Agreement, nor the furnishing of any proprietary information by either Buyer or IHT hereunder shall be construed as IHT granting to the Buyer either expressly, by implication, by estoppel or otherwise, any ownership of any license, invention, patent, trademark, copyright, or other intellectual property now or hereafter owned or controlled by IHT. Buyer hereby agrees to protect IHT’s patents, copyrights, trade secrets and other intellectual property to the same extent that Buyer would protect such rights if owned by Buyer.
  16. Independent Contractor Status. Nothing contained in this Agreement is intended or is to be construed to constitute (i) IHT and Buyer as partners or joint venture parties, or (ii) the employees, agents, or representatives of either IHT or Buyer as employees, agents, or representatives of the other. It is intended that the relationship of IHT to Buyer will always be that of an independent contractor.
  17. Authority of Agents. No agent, employee, or representative of IHT has any authority to bind IHT to any affirmation, representation or warranty concerning the goods sold under this Agreement unless it is specifically included within this Agreement, and, if not, such affirmation, representation, or warranty is not part of this Agreement and shall not be enforceable against IHT. Buyer represents that no representation other than those contained herein have been made or relied upon.
  18. Product Specification Changes. IHT reserves the right without prior approval from or notice to Buyer to make changes to the products (a) which do not affect physical or functional interchangeability or performance at a higher level of assembly, or (b) when required for purposes of safety.
  19. Compliance with Laws. Each Party will comply with all laws, rules, and regulations applicable to the performance of its obligations under this Agreement.
  20. Export Regulations. Buyer hereby certifies that it understands the export regulations of the USA and shall take all possible precautions to prevent the transfer of IHT’s or IHT’s vendors’ technology to countries and individuals not permitted to receive such by the U.S. Government.
  21. Additional Terms Concerning Software. All IHT BioScan Software (“Software“), provided under this Agreement is licensed to the Buyer in the quantity of one (1) and shall be subject to the following terms and conditions:
  22. Grant of Rights. IHT grants to the Buyer a license and the non-exclusive right to use the Software in the quantity of one (1) for the sole purpose of operating System and Devices purchased by Buyer from IHT and in conjunction with IHT authorized products not purchased from IHT. All rights in the Software not specifically granted in this Agreement are reserved by IHT. The Software is considered “in use” when any portion of the Software is either loaded in memory or virtual memory (“Installed“) or stored on a hard disk or other storage device (“Stored“).
  23. Restrictions. Buyers may not rent, lease, or loan the Software. Buyer may not Install or Store Software on any other computer or IHT device other than the equipment authorized by this Agreement, and which meets the minimum specifications of the computer requirements which are specified by IHT on its website, ihtbio.com, which may be changed from time to time. Buyers may not decompile, disassemble, reverse engineer, copy, create a derivative work from, or otherwise use the Software except as stated in this Agreement. Regardless of the number of media sets included with the Software; Buyer is granted the right to use the Software only in the quantity of one (1).
  24. Special Provisions. Buyers may create an extra copy of the Software to use as backup and archival purposes. However, only one (1) copy of the Software purchased can be activated at a time.
  25. Limited Warranty. IHT Warrants that when the Software is used as permitted by this Agreement and in accordance with the documentation, the Software will operate substantially as described in the documentation. IHT does not Warrant that Buyer’s use of the Software will be error-free or uninterrupted. EXCEPT AS SET FORTH IN THIS PARAGRAPH (D), THE SOFTWARE IS LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  26. Buyer Support. IHT will attempt to answer Buyer’s specific Buyer support requests; however, this service is offered to Buyer on a commercially reasonable basis only and IHT may not be able to resolve every support request. IHT supports the Software only so long as it is used by the Buyer and under conditions for which the System is designed and specified in this Agreement.
  27. US Government and Restricted Rights. The Software and any accompanying materials are provided to the Buyer with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (C) (1) (ii) of the Rights of Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (C) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
  28. Software Conflicts. IHT’s Software can be affected by numerous software programs and is designed to be the exclusive Software on the authorized computer used with the IHT System. IHT does not permit the installation of ANY software that is not purchased directly from IHT or specifically authorized by IHT to be installed on the computer which will be interfacing with IHT equipment. If a Software error should occur, IHT cannot be held responsible for providing a solution to the error if other software programs (beyond an IHT supported Windows Operating System™) are installed on the computer which are listed here https://www.ihtbio.com/bioscan-computer-requirements/ . All Warranties will be voided if other software programs are installed. Buyer is also obligated to install the IHT authorized anti-virus software specified and authorized by IHT to be installed on the computer used to interface with the IHT System.
  29. Statistical Data. Subject to the applicable provisions of HIPAA and any other applicable statute or regulation, Buyer hereby grants to IHT the perpetual, fully paid, irrevocable, non-exclusive right and license to use, record, store and manipulate for any legal purpose all statistical testing data obtained by Buyer or its agents, employees, consultants or other permitees while operating the IHT System. Buyer covenants and agrees that the benefits it will receive pursuant to this Agreement are sufficient and adequate consideration for the covenants set forth in this subsection.
  30. Return Policy. Buyer acknowledges that there is a no return, no refund, no exchange policy and that any Warranty issues will be handled within the terms stated under this Agreement. IHT also will not refund any unused portion of any BioScan Subscription Fee or Training.
  31. Notices. All notices and requests required or authorized under this Agreement shall be given in writing. Notices and requests may be served by registered mail, certified mail, or email. Couriered notices will be deemed delivered when delivered as addressed, or if the addressee refuses delivery, when delivery is refused. Emailed notices will be deemed delivered when the receipt is confirmed by confirming transmission equipment or acknowledged by the addressee or its office. Unless a party changes its address by giving notice to the other party as provided herein, notices will be delivered to the parties at the addresses provided in this Agreement.
  32. Applicable Law, Venue and Attorney’s Fees. This Agreement will be construed, applied, and enforced in accordance with the laws of the State of Utah without regard to conflict of laws rules. Should it become necessary to enforce the terms and conditions of this Agreement, the rights, duties, or obligations of the parties or the validity, interpretation, performance, or legal effect of this Agreement, or to recover damages for a breach of this Agreement, the parties agree that the courts located in Salt Lake County, Utah, will have jurisdiction over the parties to adjudicate any claims between the parties arising out of this Agreement. In the event any action is instituted (i) to enforce any term of this Agreement, (ii) to remedy a breach of any representation or Warranty provided in connection herewith, or (iii) in connection with any cause of action (in Agreement, tort or otherwise) arising out of or relating to this Agreement, the prevailing party will be entitled to recover from the losing party reasonable attorneys’ fees and litigation costs, whether by arbitration, trial or any appeal thereof.
  33. Waiver and Partial Invalidity. The failure of either party to enforce at any time the terms, conditions, requirements, or any other provisions of this Agreement shall not be construed as a waiver of the same or of the right of such party to enforce the same. If any provision of this Agreement in whole or in part is or becomes void or unenforceable by force of law, the remainder shall remain valid and enforceable.
  34. Excusable Delays. In the event of a delay in any obligation of IHT due to causes beyond control and without the fault or negligence of IHT, the deliveries and performance required of IHT under this Agreement shall be extended by a period no greater than the time lost because of any such delay, and IHT shall make every effort to minimize the delay. Such causes include, but are not restricted to, acts of God or of the public enemy, acts of the government, acts of Buyer, fires, floods, epidemics, quarantine restrictions, freight embargoes, trade or technology transfer restrictions, unforeseen circumstances, unusually severe weather and defaults of subcontractors or vendors (unless the Agreement work to be furnished by the subcontractor or vendors was attainable from other sources in sufficient time to permit IHT to meet the required delivery schedule). In no event shall delay in Buyer’s payment obligations be excused.
  35. Selling the System. The System is a Class II FDA device. Only those people authorized to use such devices may own the System. Buyer acknowledges and agrees that, in the event Buyer sells the System to a third party, IHT has the right to withhold support until the new owner shows proof to the satisfaction of IHT of new owner’s ability to lawfully use the System. The new owner shall be required to pay the then-current transfer fee to IHT and purchase a new Software license. Software licenses are NOT transferrable. Further, the new owner of the System will not receive support from IHT until all outstanding financial obligations to IHT associated with that System are satisfied, in the sole discretion of IHT.
  36. Assignment. This Agreement is assignable by IHT, but it is NOT assignable by Buyer.
  37. Order of Precedence. To the extent of any inconsistency between these Terms and Conditions, the other terms of this Agreement shall control.
  38. Entire Agreement. Upon execution, this Agreement, including where applicable all specifications, conditions, and/or limitations, attachments hereto, and any documents referenced herein, contains the entire understanding and Agreement between the Parties with respect to the subject matter hereof and supersedes all previous communications, negotiations and agreement, whether oral or written, between the Parties with respect to such matters, and no addition, modification or waiver of any of these provision shall be binding on either Party unless made in writing and executed by both Parties.

Agreement Review

Please acknowledge each item below:

  1. You have a PC computer available or purchased which will be used exclusively to run the IHT software for your System. You have reviewed and acknowledge that the computer you intend to use to run the IHT Software application(s) meets the minimum specifications of the current IHT Computer Requirements found on this page of the IHT website https://www.ihtbio.com/faq-computer/ .
  2. You have or will remove all antivirus programs and install the IHT approved Microsoft Windows Defender antivirus program for your computer before you download the IHT Software You will ensure all other antivirus programs are not installed on the computer on which the IHT Software is installed.
  3. You will or have already complete(d) Level I Training by a Certified IHT Instructor within six (6) months of the Effective Date of this Agreement.
  4. For US Buyers, You have already or agree to provide a copy of the healthcare practitioner license and or certification to IHT. Note that order will not be shipped until IHT receives a legible copy of this document.
  5. Your User ID and Password from IHT will be given to you by email and/or in a letter placed with your System after payment is processed and the System is shipped. This information must be kept safe and easily accessible for the entirety of the time you own the System to reauthorize the use of the software on a periodic basis. You commit to having this information available when needed.
  6. The BioScan Subscription Fee, paid annually or monthly, must be kept current to use your Device or claim Warranty. The Subscription has been explained to you in its entirety, and you agree to the terms. You also agree that the charge for the Subscription will auto renew unless it is cancelled in writing with 30 days’ notice. You also understand that IHT has the right from time to time increase the Subscription charge.
  7. You understand that an adult will need to sign for the delivery of the order at the shipping address.
  8. You have reviewed the Warranties Section of this Agreement and fully understand the IHT Warranty Policy as it relates to the specific equipment you are purchasing or equipment you are Transferring.

BY PLACING AN ORDER, BUYER AGREES TO BE BOUND BY THIS AGREEMENT AND UNDERSTANDS IHT DOES NOT OFFER REFUNDS OR RETURNS. THE PERSON WHO PLACES AN ORDER ON BEHALF OF BUYER, REPRESENTS THAT HE OR SHE IS AUTHORIZED TO ENTER THIS AGREEMENT ON BEHALF OF BUYER AND ACKNOWLEDGES THAT HE OR SHE HAS RECEIVED, READ, AND UNDERSTANDS ALL TERMS AND CONDITIONS AND APPENDICES COMPRISING THIS AGREEMENT.