PURCHASE AGREEMENT &
PRIVACY POLICY
NOTICE -- READ THIS
WHEN YOU CLICK THE "I ACCEPT"
BUTTON AT THE BOTTOM OF
THIS DOCUMENT, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ,
ACCEPTED, AND
FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
This is a great product and
we're sure you'll be happy that you
got it. In fact, we guarantee your satisfaction with our 30 days
no-hassle,
no-questions-asked, refund policy as described in this purchase
agreement.
No matter what happens after
you get this product, you've got 30
days to examine it, use it, and try it. If you're not delighted, just
ask for a
refund.
Handling and shipping fees
are non refundable.
Please note - in case the
refund was requested 30 days or more
after the purchase date, any costs and fees related to the specific
purchase,
such as commissions to affiliates etc...will be deducted from the
refund.
The complete agreement that
follows is - well - designed by
lawyers. It lays out our rights and duties and your rights and duties
as well
as various disclaimers and limitations of liability. You are encouraged
to read
the following Purchase Agreement because its provisions may impact on
you but
you can be assured that whatever claims and promises are made in plain
English
in the promotional materials or on our website - we honor them and we
guarantee
them with our no-questions-asked, full 30 days refund policy.
The legalese of this
agreement is presented below. Enjoy the
read and -
Congratulations on your
choice. We wish you every success!
Sincerely.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU
RECEIVE
CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE
SELLER
CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS
THAT
DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT
LIMIT THE
LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS
OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND
YOUR
ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN
UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE
OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL
PART OF
THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A
CONDITION OF
SALE.
PARTIES TO THIS AGREEMENT AND
DISCLAIMER
The parties to this agreement
are the website or its owners,
hereafter "SELLER," and you, the prospective purchaser, hereafter
"BUYER". Persons or entities who are not participants in this
contract but who have an indirect relationship, such as a supplier,
joint
venture partner, membership organization, or sales affiliate, are
herein
described as "THIRD PARTY OR THIRD PARTIES." The recipient of the
product herein sold, where said product is ordered by and paid for by
someone
other than the recipient, is classified herein as if that recipient
were the
ordering BUYER with the same rights, duties, and obligations as the
BUYER, but
may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS
PURCHASE AGREEMENT
The subject matter of this
agreement is a product, service, or
membership described in promotional or sales materials on this website
and/or
in an email referencing this website, and said website and/or email and
its
contents are incorporated herein by reference and made a part hereof
and
constitute a complete description of the product, service or membership
that is
the subject matter of this Purchase Agreement. This bundle of
offerings,
including additional items promoted on the order page, shall, together,
be termed
'product' throughout this agreement but the word 'product' shall mean
all
elements offered in the sale, whether digital, dimensional, or other
license or
right, and include all sales or promotional materials.
REFUND POLICY
The product, service or
membership referenced herein is sold
with a 30 days 'no questions asked' money back guarantee. If the
product is
other than an e-product or digital product, the product must be
returned during
the refund period to the shipping address provided with the product.
The burden
is on the Buyer to prove that the product was in fact returned to that
address.
Cancellation of a membership or request for refund of a digital product
delivered over the internet must be noticed to the contact address in
this
Purchase Agreement. The Buyer understands that all rights to view the
product
and all license or resale rights terminate when the product is returned
for a
refund. (Selling of a product in which you have no ownership interest
or resale
license rights is a crime as well as breach of this agreement.) Giving
the
Buyer a refund during the refund period is the full and complete
liability that
the Seller of this product, service or membership has to the Buyer.
Buyer
agrees that the length of the refund period is reasonable and further
agrees to
examine, read, and try the product, service or membership during the 30
days
refund period as a material consideration required by the Seller as
part of the
purchase price. Buyer further warrants that he or she will make a
determination
during the 30 days refund period if the product is as described and to
decide
whether the Buyer wishes to keep the product. If the Buyer does not
contact the
Seller during the refund period, Buyer agrees that the Seller may
construe
silence as a full, complete and final acceptance of the product,
service or
membership with no further right of redress or refund for any reason
due the
Buyer.
FURTHER DESCRIPTION OF THE
PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an
understanding that the product, service or
membership may actually be comprised of different elements. For
example, a
digital or so-called e-book may also come in CD or printed format, and
that the
digital product may also be part of a service or a membership.
Additionally,
the product, service or membership may come with the right to
sub-license or
re-sell the product. However, unless specified in the sales and
promotional
materials and unless all conditions are met, the Buyer has no license,
permission or right to duplicated or sell this product in any form or
to sell
it or distribute it whether for profit or not to any person for any
reason.
RIGHTS AND OBLIGATIONS OF THE
BUYER
The Buyer must pay the full
consideration for this product that
the Seller requires as the total price of the product. This
consideration
includes not only the purchase price, but other obligations that the
Buyer
accepts as well as potential rights the Buyer agrees to forego. By
accepting
this Purchase Agreement, the Buyer agrees to receive continuing
follow-up
contact from the Seller including email, mail, newsletters, product
updates,
product recall notices, product improvements, telephone calls from the
Seller
and/or telemarketing organizations and/or pollsters for the purpose of
solicitation related to the instant product or any other product or
service.
Buyer agrees to post-sale contact from joint venture partners of the
Seller or
from others who have a commercial relationship with the Seller. Buyer
agrees
that all personal information about the buyer or his or her buying
habits and
preferences, including address and phone number, may be placed in a
general
database and agrees that this information may be shared, rented or sold
to
third parties. However, Buyer shall at all times be fully empowered to
sever
contact with the Seller by notification using the 'unsubscribe' link in
solicitations. Moreover, the Buyer retains the right to refuse specific
contact
with some third party solicitors and maintain it with others. The Buyer
retains
the right to have his or her name removed from a general solicitation
database.
The Buyer's agreement to accept solicitation and contact may be
reduced,
enhanced, limited or terminated by notification to anyone contacting
the Buyer.
The burden is on the Buyer to prove that such communication was made to
and
received by the person making contact. Buyer agrees that Seller is not
liable
for communications made to the Buyer by parties unrelated to this
purchase even
though referred by the Seller. Buyer accepts full responsibility for
limiting
unsolicited contact and Buyer understands that he retains all rights to
directly restrict communication or solicitation from any party
including the
Seller.
The Buyer agrees to allow the
Seller to collect, store, and use
for marketing purposes all information collected from, provided by or
otherwise
ascertained by electronic means from the Buyer. The Buyer,
specifically, and as
part of the consideration paid for this product, waives all right to
access,
retrieve, or control such information except that the Buyer retains the
right
to restrict contact as described previously.
The Buyer understands that
cookies will be placed on his or her
hard drive that will provide information to the Seller and which are
necessary
for delivering an e-product and which will be able to determine if you
retain
the right to access the product. Buyer understands that these cookies
or other
computer codes will reside on the hard drive and will communicate at
times with
the Seller's computer and thereby transmit and receive information.
Buyers living in locations
that require custom duties and/or
VAT taxes to be collected understand that, unless custom duties are
collected
at the point of sale by the Seller, the Buyer remains responsible for
payment
of custom duties and taxes at the time the product is received. If it
should
happen that the Seller's courier or freight account is charged for
custom
duties and tax, instead of the Buyer paying referenced charges, then
the Buyer
hereby authorizes the Seller to bill the Buyer's credit card for said
charges
or for the return of goods if they are refused at the point of
destination.
CREDIT CARD CHARGES AND
CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she
is over 18 years of age, not
subject to the Child Online Privacy Act, of legal age to enter into
contractual
agreements in the state in which he is present when he makes this
purchase, and
is the true and authorized owner of the credit card used to make this
purchase.
Any Buyer who violates any of these requirements may be liable for
civil or criminal
prosecution and agrees to pay liquidated damages of an amount the
equivalent of
US$10,000 per fraudulent transaction, plus actual damages, and agrees
that all
information collected by this website may be used for prosecution and
may be
turned over to law enforcement agencies or to credit card companies and
merchant service providers.
If the true and/or authorized
owner of the credit card attempts
to commit fraud upon the Seller, he authorizes each and every credit
card
company or merchant service provider to disclose to the Seller all
information
that could be construed as proof of credit card fraud.
Any Buyer who attempts to
perpetrate a fraud upon Seller
involving the use of a credit card herewith gives authorization for the
Seller
to access all credit information about the Buyer from credit reporting
agencies
and also authorizes the Seller to discover all relevant information
from any
source about the fraudulent practices of the Buyer and to reveal such
information
to credit reporting agencies, credit card companies, merchant service
providers, and law enforcement agencies.
Buyer agrees that if he uses
trickery to receive more than one
refund, or if he causes a fraudulent dispute claim that results in a
chargeback
against the Seller's account, that the Seller is authorized to
re-charge the
Buyer's credit card that was used for the original purchase to the
extent that
will make the Seller whole. Buyer agrees to, in addition to actual
damages, pay
to the Seller liquidated damages of an amount equivalent to US$10,000
for every
separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is'
without warranty or guarantee of
any kind, either express or implied, including no warranty as to
merchantability or fitness for a particular purpose. The Seller
warrants and
guarantees absolutely nothing. There is no 'warranty period.' There is
a 30
days refund period. Period.
However, in the event that
the Buyer claims that the product is
defective, the sole remedy to the Buyer is to accept a replacement
product or a
refund. The period for the Buyer to determine if the product is
defective and
request a replacement or refund is 30 days from the date of the order.
During
this 30 days period, the Buyer may request and will receive a refund
for any
reason. During this 30 days period, Buyer may request a replacement
product in
lieu of a refund but Seller is under no obligation, for any reason, to
do
anything more than refund the purchase price.
If the sales or promotional
material conflict with this
"as is" warranty, then the sales and promotional material are
herewith incorporated and shall be controlling. However, in no case,
shall the
warranty period be construed to be longer than the refund period.
If the Buyer is purchasing a
membership in this site, the terms
of membership as specified in the solicitation materials are
controlling.
If the Buyer is purchasing,
through this site, a product,
including membership, that is to be provided by a third party, the
Buyer must
look to the third party for additional warranties or guarantees, and
understands that the warranties available through this site, if any are
offered
or construed, are extremely limited, restrictive, and short.
ASSUMPTION OF RISK
Buyer agrees to accept all
risk associated with the use of this
product, including but not limited to, ingestion of or application to
Buyer's
person, the use of the product personally or in business, all taxes and
regulations applicable to this product, all legal compliance issues
related to
this product. Buyer warrants an understanding that the Seller is
disclaiming
all liability from harm of any kind or nature caused directly or
indirect from
this product. Buyer agrees, as part of the consideration required to
purchase
this product, to carefully review and test this product during the
refund
period and to immediately request a refund if the product is not
satisfactory.
LIMITATION OF LIABILITY AND
DISCLAIMER
Buyer warrants an
understanding, as required consideration,
that the Seller of this product disclaims all liability for the product
or
damages resulting from use or installation or reliance upon this
product for
any reason. Buyer alone accepts full responsibility for allowing others
to use
this product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product
itself
that is unintentionally misleading or incorrect that might cause damage
to
Buyer.
Buyer expressly waives any
and all claims for consequential,
speculative, and unforeseeable damages resulting from the purchase or
use of
this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that
no matter what may happen because
of his or her purchase of this product, or no matter what damage may be
allegedly or actually caused by the use of this product, or no matter
the harm
or damage that may result directly or indirectly from the purchase of
this
product, for any reason whatsoever, that the absolute maximum extent of
Seller's liability shall be an amount no greater than the purchase
price of the
product.
Buyer agrees and understands
that, Seller, specifically but not
exclusively, disclaims liability for all damage to Buyer's person or
business
by using this product, including harm to buyer's computer hardware or
software
from worms, viruses, or other defects in the product or computer codes
that
cause harm. Seller disclaims liability for Buyer's interaction with
Third Party
soliciting agents who were provided 'leads' by the Seller. Seller
disclaims
liability for Buyer's interactions with advertisers on the site. Seller
disclaims liability for Buyer's interaction with other visitors or
members of
the website.
LIMITATION OF LIABILITY FROM
ERRONEOUS PRODUCT CONTENT
Buyer agrees that the
Seller's total liability, even for
erroneous product content that causes damage to the Buyer, shall be
limited to
the purchase price paid for the product.
LIMITATION OF LIABILITY FROM
HARM CAUSED BY THE PRODUCT
Buyer agrees that the
Seller's total liability, even from harm
caused to the Buyer or to others from use of the product, shall be
limited to
the purchase price paid for the product.
LIMITATION OF LIABILITY FROM
ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the
Seller's total liability, for any other
injury, harm, or tort of any kind, whether foreseeable or
unforeseeable, shall
be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY
LIMITATION
Buyer understands that some
states do not allow limitation of
liability.
SPECIFIC DISCLAIMERS AS TO
'RESULTS CLAIMS', 'INCOME CLAIMS',
OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from
using this product or if claims
about income or earnings resulting from the use of this product are
made, such
claims are true for the persons who made the claims, including claims
made by
the Seller about its own experience with the product.
However, Buyer cannot simply
rely on these statements as being
duplicable by Buyer because many factors affect results, including just
dumb
luck. Some people buy this product to make money and, in fact, make no
money.
Some people buy this product and never read it or attempt to implement
any of
the moneymaking ideas. Some folks seemingly take to it like a duck to
water and
can't stop making money. Nothing promoted on this website should be
construed
as a 'Get rich quick' scheme. The products Buyer is buying to learn how
to make
money or products that Buyer is buying to re-sell, have all been proven
money-makers. The income and earnings statements, if any, tend to
reflect the
more successful cases and Buyer should not construe this as being the
'average'
or usual success story. As is true in much of life, real success
usually
requires real work. Learning about the internet is not terrible work
and it can
produce very livable income if Buyer is willing to learn his or her
craft and
work at it steadily. Even part-time efforts may bring in some extra
money each
month. But it requires learning skills that Buyer may not have a
background to
easily learn and will certainly require constant education and,
perhaps, even
psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is
purchasing is a physical product promoted
for a particular purpose and if the promotional materials make claims
about the
results from the use of this product, Buyer hereby warrants his
understanding
that there exists some probability that the product will not deliver
those same
results to any particular Buyer and that the refund of the purchase
price
(subject to the return of the product to the Seller) is the full remedy
for any
Buyer who feels the product did not deliver the results claimed.
If the product Buyer is
purchasing is a membership or a product
plan' that claims to produce specific benefits or results or that
otherwise
involves a recurring fee, the Buyer has a right to terminate the
membership or
plan' upon notice to the Seller. In this case, the promotional
materials
describing the membership and the ?plan' and the remedy for
dissatisfaction
shall be controlling. If the promotional materials say that part of a
fee is
not refundable, then it is not.
Where this disclaimer and
claims made in sales and promotional
materials or the product are in conflict, this Purchase Agreement shall
be
controlling except, and unless, the Seller deliberately misled the
Buyer or if
such construction would cause material inequity. The sole burden is on
the
Buyer to substantiate any deliberate deception. Buyer accepts the
obligation to
reimburse the Seller for all court costs, investigation costs, attorney
fees,
and all litigation-related costs in the event Buyer brings suit against
the
Seller and does not prevail in court or at arbitration.
No warranties are made
whatsoever about the amount of money, if
any, that Buyer will earn from this material or product or service and
Buyer
warrants an understanding that Buyer's only course of action is to test
this
product and material for the extent of the refund period and request a
refund
if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an
understanding that in any event, for
any reason, no matter the amount of damages claimed, as a material part
of the
consideration for purchase of this product, the maximum amount of
liability
shall be the purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the
terms of the Privacy Policy of
Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the
Terms of Use of the Seller's
website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may
publish for commercial purposes
the full or partial content of any and all communication with Buyer at
the
Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify
Seller for any and all damage that
Buyer causes by using the product or information contained on this
website that
results in a damage award against the Seller.
RIGHT TO STOP SELLING OR
SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has
the right to discontinue the
product, the service, the membership at any time, subject only to the
30 days
return policy, without notice.
Buyer understands that the
Seller may discontinue affiliate
programs under the terms of the affiliate program.
Buyer understands that the
Seller may discontinue customer
service on a product or service at any time without notice.
CALIFORNIA RESIDENTS NOTE
You are entering into a
contract that may modify, restrict, or
eliminate rights you may have under the California Online Privacy
Protection
Act of 2003 (OPPA). Under the Privacy Policy and this Purchase
Agreement you
waive any right to view or modify the content of our database. You
waive any
right to force this business or website to divulge when or to whom your
information
may have been provided to third parties. In the event the website
elects at its
sole discretion to release information to you, you must clearly
identify
yourself to the website as the named customer who has previously
purchased from
the website. We are doing this protect information being inadvertently
provided
to fake customers who may have intentions to harm the real customer.
The
required identifying information may include credit card info, social
security
numbers, notarized copies of state issued id, or other id sufficient to
allow
our counsel to feel comfortable about releasing information - in the
event we
elect to divulge it at all. Additionally, this purchase agreement, as
part of
the consideration required to purchase from this website, requires that
you
agree to use the American Arbitration Association exclusively in any
claim
arising from the Terms of Use, Privacy Policy, or Purchase Agreement,
and not
the courts of the state of California. The customer also agrees, as
part of the
required consideration, that any cause of action is presumed to have
arisen in
the city and county of this business or website, not in the state of
California, unless the website is located there, and not in the
jurisdiction
where the customer resides.
ARBITRATION
As part of the consideration
that the Sellers requires, Buyer
agrees to use binding arbitration for any claim, dispute, or
controversy
("CLAIM") of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be
conducted pursuant to the rules of the
American Arbitration Association which are in effect on the date a
dispute is
submitted to the American Arbitration Association. Information about
the
American Arbitration Association, its rules, and its forms are
available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York,
New York, 10017-4305. Hearing will take place in the city or county of
the Seller.
In no case shall the Buyer
have the right to go to court or
have a jury trial. Buyer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right
to
participate as a representative or member of any class of claimants
pertaining
to any claim subject to arbitration; the arbitrator's decision will be
final
and binding with limited rights of appeal.
The prevailing party shall be
reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney
fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this
purchase shall be brought before
a court of law, pre- or post-arbitration, Buyer agrees to that the sole
and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. In the
event that
litigation is in a federal court, the proper court shall be the closest
federal
court to the Seller's address.
APPLICABLE LAW
Buyer agrees that the
applicable law to be applied shall, in
all cases, be that of the state of the Seller.
NOTICE
Buyer herewith agrees to
receive Notice of Changes, Litigation,
Service of Process, Cancellation, Termination, and Modification of
service or
product at the email address provided to Seller on the ordering page.
Further,
Buyer agrees that the right to contact Buyer concerning legal notice
shall not
be terminated by previously submitted 'unsubscribed' notices and
specifically
agrees that any notification to cease contact shall not be binding upon
the
Seller in regards to Notice of Change, Litigation, Service of Process,
Cancellation of Product or Service or Membership or Subscription,
Termination
of a program, product or website, or Modification of the terms of
service or
product. Additionally, the Buyer grants Seller irrevocable right to
contact him
or her via mail or telephone concerning any of these issues
irrespective of
other rights the Buyer has to sever contact with Seller.
COSTS
The prevailing party to any
arbitration or litigation will be
entitled to collect attorney fees and all other costs of the
arbitration or
litigation, including filing fees, investigation fees, collection fees,
and
travel expenses from the other party.
MODIFICATION
This Purchase Agreement
cannot be modified in any manner
between the Seller and this Buyer unless modifications are made in
writing
signed by both parties. However, the Seller may modify this Purchase
Agreement
at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some
provisions, terms, conditions of the
Purchase Agreement are held to be invalid or unenforceable, the
remainder of the
provisions that are enforceable shall control. Additionally, Buyer and
Seller
agree that, if any provision is found to be invalid or unenforceable,
the
arbitrating panel will construe such provision to the maximum extent
that it
might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure
to enforce) any term of this
agreement shall not be construed as a modification or an amendment to
this
agreement or constitute a waiver of other breaches.
PURCHASE AGREEMENT &
PRIVACY POLICY
NOTICE -- READ THIS
WHEN YOU CLICK THE "I ACCEPT"
BUTTON AT THE BOTTOM OF
THIS DOCUMENT, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ,
ACCEPTED, AND
FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
This is a great product and
we're sure you'll be happy that you
got it. In fact, we guarantee your satisfaction with our 30 days
no-hassle,
no-questions-asked, refund policy as described in this purchase
agreement.
No matter what happens after
you get this product, you've got 30
days to examine it, use it, and try it. If you're not delighted, just
ask for a
refund.
Handling and shipping fees
are non refundable.
Please note - in case the
refund was requested 30 days or more
after the purchase date, any costs and fees related to the specific
purchase,
such as commissions to affiliates etc...will be deducted from the
refund.
The complete agreement that
follows is - well - designed by
lawyers. It lays out our rights and duties and your rights and duties
as well
as various disclaimers and limitations of liability. You are encouraged
to read
the following Purchase Agreement because its provisions may impact on
you but
you can be assured that whatever claims and promises are made in plain
English
in the promotional materials or on our website - we honor them and we
guarantee
them with our no-questions-asked, full 30 days refund policy.
The legalese of this
agreement is presented below. Enjoy the
read and -
Congratulations on your
choice. We wish you every success!
Sincerely.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU
RECEIVE
CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE
SELLER
CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS
THAT
DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT
LIMIT THE
LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS
OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND
YOUR
ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN
UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE
OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL
PART OF
THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A
CONDITION OF
SALE.
PARTIES TO THIS AGREEMENT AND
DISCLAIMER
The parties to this agreement
are the website or its owners,
hereafter "SELLER," and you, the prospective purchaser, hereafter
"BUYER". Persons or entities who are not participants in this
contract but who have an indirect relationship, such as a supplier,
joint
venture partner, membership organization, or sales affiliate, are
herein
described as "THIRD PARTY OR THIRD PARTIES." The recipient of the
product herein sold, where said product is ordered by and paid for by
someone
other than the recipient, is classified herein as if that recipient
were the
ordering BUYER with the same rights, duties, and obligations as the
BUYER, but
may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS
PURCHASE AGREEMENT
The subject matter of this
agreement is a product, service, or
membership described in promotional or sales materials on this website
and/or
in an email referencing this website, and said website and/or email and
its
contents are incorporated herein by reference and made a part hereof
and constitute
a complete description of the product, service or membership that is
the
subject matter of this Purchase Agreement. This bundle of offerings,
including
additional items promoted on the order page, shall, together, be termed
'product' throughout this agreement but the word 'product' shall mean
all
elements offered in the sale, whether digital, dimensional, or other
license or
right, and include all sales or promotional materials.
REFUND POLICY
The product, service or
membership referenced herein is sold
with a 30 days 'no questions asked' money back guarantee. If the
product is
other than an e-product or digital product, the product must be
returned during
the refund period to the shipping address provided with the product.
The burden
is on the Buyer to prove that the product was in fact returned to that
address.
Cancellation of a membership or request for refund of a digital product
delivered over the internet must be noticed to the contact address in
this
Purchase Agreement. The Buyer understands that all rights to view the
product
and all license or resale rights terminate when the product is returned
for a
refund. (Selling of a product in which you have no ownership interest
or resale
license rights is a crime as well as breach of this agreement.) Giving
the
Buyer a refund during the refund period is the full and complete
liability that
the Seller of this product, service or membership has to the Buyer.
Buyer
agrees that the length of the refund period is reasonable and further
agrees to
examine, read, and try the product, service or membership during the 30
days
refund period as a material consideration required by the Seller as
part of the
purchase price. Buyer further warrants that he or she will make a
determination
during the 30 days refund period if the product is as described and to
decide
whether the Buyer wishes to keep the product. If the Buyer does not
contact the
Seller during the refund period, Buyer agrees that the Seller may
construe
silence as a full, complete and final acceptance of the product,
service or
membership with no further right of redress or refund for any reason
due the
Buyer.
FURTHER DESCRIPTION OF THE
PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an
understanding that the product, service or
membership may actually be comprised of different elements. For
example, a
digital or so-called e-book may also come in CD or printed format, and
that the
digital product may also be part of a service or a membership.
Additionally,
the product, service or membership may come with the right to
sub-license or
re-sell the product. However, unless specified in the sales and
promotional
materials and unless all conditions are met, the Buyer has no license,
permission or right to duplicated or sell this product in any form or
to sell
it or distribute it whether for profit or not to any person for any
reason.
RIGHTS AND OBLIGATIONS OF THE
BUYER
The Buyer must pay the full
consideration for this product that
the Seller requires as the total price of the product. This
consideration
includes not only the purchase price, but other obligations that the
Buyer
accepts as well as potential rights the Buyer agrees to forego. By
accepting
this Purchase Agreement, the Buyer agrees to receive continuing
follow-up
contact from the Seller including email, mail, newsletters, product
updates,
product recall notices, product improvements, telephone calls from the
Seller
and/or telemarketing organizations and/or pollsters for the purpose of
solicitation related to the instant product or any other product or
service.
Buyer agrees to post-sale contact from joint venture partners of the
Seller or
from others who have a commercial relationship with the Seller. Buyer
agrees
that all personal information about the buyer or his or her buying
habits and
preferences, including address and phone number, may be placed in a
general
database and agrees that this information may be shared, rented or sold
to
third parties. However, Buyer shall at all times be fully empowered to
sever
contact with the Seller by notification using the 'unsubscribe' link in
solicitations. Moreover, the Buyer retains the right to refuse specific
contact
with some third party solicitors and maintain it with others. The Buyer
retains
the right to have his or her name removed from a general solicitation
database.
The Buyer's agreement to accept solicitation and contact may be
reduced,
enhanced, limited or terminated by notification to anyone contacting
the Buyer.
The burden is on the Buyer to prove that such communication was made to
and
received by the person making contact. Buyer agrees that Seller is not
liable
for communications made to the Buyer by parties unrelated to this
purchase even
though referred by the Seller. Buyer accepts full responsibility for
limiting
unsolicited contact and Buyer understands that he retains all rights to
directly restrict communication or solicitation from any party
including the
Seller.
The Buyer agrees to allow the
Seller to collect, store, and use
for marketing purposes all information collected from, provided by or
otherwise
ascertained by electronic means from the Buyer. The Buyer,
specifically, and as
part of the consideration paid for this product, waives all right to
access,
retrieve, or control such information except that the Buyer retains the
right
to restrict contact as described previously.
The Buyer understands that
cookies will be placed on his or her
hard drive that will provide information to the Seller and which are
necessary
for delivering an e-product and which will be able to determine if you
retain
the right to access the product. Buyer understands that these cookies
or other
computer codes will reside on the hard drive and will communicate at
times with
the Seller's computer and thereby transmit and receive information.
Buyers living in locations
that require custom duties and/or
VAT taxes to be collected understand that, unless custom duties are
collected
at the point of sale by the Seller, the Buyer remains responsible for
payment
of custom duties and taxes at the time the product is received. If it
should
happen that the Seller's courier or freight account is charged for
custom
duties and tax, instead of the Buyer paying referenced charges, then
the Buyer
hereby authorizes the Seller to bill the Buyer's credit card for said
charges
or for the return of goods if they are refused at the point of
destination.
CREDIT CARD CHARGES AND
CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she
is over 18 years of age, not
subject to the Child Online Privacy Act, of legal age to enter into
contractual
agreements in the state in which he is present when he makes this
purchase, and
is the true and authorized owner of the credit card used to make this
purchase.
Any Buyer who violates any of these requirements may be liable for
civil or
criminal prosecution and agrees to pay liquidated damages of an amount
the
equivalent of US$10,000 per fraudulent transaction, plus actual
damages, and
agrees that all information collected by this website may be used for
prosecution and may be turned over to law enforcement agencies or to
credit
card companies and merchant service providers.
If the true and/or authorized
owner of the credit card attempts
to commit fraud upon the Seller, he authorizes each and every credit
card
company or merchant service provider to disclose to the Seller all
information
that could be construed as proof of credit card fraud.
Any Buyer who attempts to
perpetrate a fraud upon Seller
involving the use of a credit card herewith gives authorization for the
Seller
to access all credit information about the Buyer from credit reporting
agencies
and also authorizes the Seller to discover all relevant information
from any
source about the fraudulent practices of the Buyer and to reveal such
information to credit reporting agencies, credit card companies,
merchant
service providers, and law enforcement agencies.
Buyer agrees that if he uses
trickery to receive more than one
refund, or if he causes a fraudulent dispute claim that results in a
chargeback
against the Seller's account, that the Seller is authorized to
re-charge the
Buyer's credit card that was used for the original purchase to the
extent that
will make the Seller whole. Buyer agrees to, in addition to actual
damages, pay
to the Seller liquidated damages of an amount equivalent to US$10,000
for every
separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is'
without warranty or guarantee of
any kind, either express or implied, including no warranty as to
merchantability or fitness for a particular purpose. The Seller
warrants and
guarantees absolutely nothing. There is no 'warranty period.' There is
a 30
days refund period. Period.
However, in the event that
the Buyer claims that the product is
defective, the sole remedy to the Buyer is to accept a replacement
product or a
refund. The period for the Buyer to determine if the product is
defective and
request a replacement or refund is 30 days from the date of the order.
During
this 30 days period, the Buyer may request and will receive a refund
for any
reason. During this 30 days period, Buyer may request a replacement
product in
lieu of a refund but Seller is under no obligation, for any reason, to
do
anything more than refund the purchase price.
If the sales or promotional
material conflict with this
"as is" warranty, then the sales and promotional material are
herewith incorporated and shall be controlling. However, in no case,
shall the
warranty period be construed to be longer than the refund period.
If the Buyer is purchasing a
membership in this site, the terms
of membership as specified in the solicitation materials are
controlling.
If the Buyer is purchasing,
through this site, a product,
including membership, that is to be provided by a third party, the
Buyer must
look to the third party for additional warranties or guarantees, and
understands that the warranties available through this site, if any are
offered
or construed, are extremely limited, restrictive, and short.
ASSUMPTION OF RISK
Buyer agrees to accept all
risk associated with the use of this
product, including but not limited to, ingestion of or application to
Buyer's
person, the use of the product personally or in business, all taxes and
regulations applicable to this product, all legal compliance issues
related to
this product. Buyer warrants an understanding that the Seller is
disclaiming
all liability from harm of any kind or nature caused directly or
indirect from
this product. Buyer agrees, as part of the consideration required to
purchase
this product, to carefully review and test this product during the
refund
period and to immediately request a refund if the product is not
satisfactory.
LIMITATION OF LIABILITY AND
DISCLAIMER
Buyer warrants an
understanding, as required consideration,
that the Seller of this product disclaims all liability for the product
or
damages resulting from use or installation or reliance upon this
product for
any reason. Buyer alone accepts full responsibility for allowing others
to use
this product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product
itself
that is unintentionally misleading or incorrect that might cause damage
to
Buyer.
Buyer expressly waives any
and all claims for consequential,
speculative, and unforeseeable damages resulting from the purchase or
use of
this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that
no matter what may happen because
of his or her purchase of this product, or no matter what damage may be
allegedly
or actually caused by the use of this product, or no matter the harm or
damage
that may result directly or indirectly from the purchase of this
product, for
any reason whatsoever, that the absolute maximum extent of Seller's
liability
shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands
that, Seller, specifically but not
exclusively, disclaims liability for all damage to Buyer's person or
business
by using this product, including harm to buyer's computer hardware or
software
from worms, viruses, or other defects in the product or computer codes
that
cause harm. Seller disclaims liability for Buyer's interaction with
Third Party
soliciting agents who were provided 'leads' by the Seller. Seller
disclaims liability
for Buyer's interactions with advertisers on the site. Seller disclaims
liability for Buyer's interaction with other visitors or members of the
website.
LIMITATION OF LIABILITY FROM
ERRONEOUS PRODUCT CONTENT
Buyer agrees that the
Seller's total liability, even for
erroneous product content that causes damage to the Buyer, shall be
limited to
the purchase price paid for the product.
LIMITATION OF LIABILITY FROM
HARM CAUSED BY THE PRODUCT
Buyer agrees that the
Seller's total liability, even from harm
caused to the Buyer or to others from use of the product, shall be
limited to
the purchase price paid for the product.
LIMITATION OF LIABILITY FROM
ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the
Seller's total liability, for any other
injury, harm, or tort of any kind, whether foreseeable or
unforeseeable, shall
be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY
LIMITATION
Buyer understands that some
states do not allow limitation of
liability.
SPECIFIC DISCLAIMERS AS TO
'RESULTS CLAIMS', 'INCOME CLAIMS',
OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from
using this product or if claims
about income or earnings resulting from the use of this product are
made, such
claims are true for the persons who made the claims, including claims
made by
the Seller about its own experience with the product.
However, Buyer cannot simply
rely on these statements as being
duplicable by Buyer because many factors affect results, including just
dumb
luck. Some people buy this product to make money and, in fact, make no
money.
Some people buy this product and never read it or attempt to implement
any of
the moneymaking ideas. Some folks seemingly take to it like a duck to
water and
can't stop making money. Nothing promoted on this website should be
construed
as a 'Get rich quick' scheme. The products Buyer is buying to learn how
to make
money or products that Buyer is buying to re-sell, have all been proven
money-makers. The income and earnings statements, if any, tend to
reflect the
more successful cases and Buyer should not construe this as being the
'average'
or usual success story. As is true in much of life, real success
usually
requires real work. Learning about the internet is not terrible work
and it can
produce very livable income if Buyer is willing to learn his or her
craft and
work at it steadily. Even part-time efforts may bring in some extra
money each
month. But it requires learning skills that Buyer may not have a
background to
easily learn and will certainly require constant education and,
perhaps, even
psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is
purchasing is a physical product
promoted for a particular purpose and if the promotional materials make
claims
about the results from the use of this product, Buyer hereby warrants
his
understanding that there exists some probability that the product will
not
deliver those same results to any particular Buyer and that the refund
of the
purchase price (subject to the return of the product to the Seller) is
the full
remedy for any Buyer who feels the product did not deliver the results
claimed.
If the product Buyer is
purchasing is a membership or a product
plan' that claims to produce specific benefits or results or that
otherwise
involves a recurring fee, the Buyer has a right to terminate the
membership or
plan' upon notice to the Seller. In this case, the promotional
materials
describing the membership and the ?plan' and the remedy for
dissatisfaction
shall be controlling. If the promotional materials say that part of a
fee is
not refundable, then it is not.
Where this disclaimer and
claims made in sales and promotional
materials or the product are in conflict, this Purchase Agreement shall
be
controlling except, and unless, the Seller deliberately misled the
Buyer or if
such construction would cause material inequity. The sole burden is on
the
Buyer to substantiate any deliberate deception. Buyer accepts the
obligation to
reimburse the Seller for all court costs, investigation costs, attorney
fees,
and all litigation-related costs in the event Buyer brings suit against
the
Seller and does not prevail in court or at arbitration.
No warranties are made
whatsoever about the amount of money, if
any, that Buyer will earn from this material or product or service and
Buyer
warrants an understanding that Buyer's only course of action is to test
this
product and material for the extent of the refund period and request a
refund
if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an
understanding that in any event, for
any reason, no matter the amount of damages claimed, as a material part
of the
consideration for purchase of this product, the maximum amount of
liability
shall be the purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the
terms of the Privacy Policy of
Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the
Terms of Use of the Seller's
website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may
publish for commercial purposes
the full or partial content of any and all communication with Buyer at
the
Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify
Seller for any and all damage that
Buyer causes by using the product or information contained on this
website that
results in a damage award against the Seller.
RIGHT TO STOP SELLING OR
SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has
the right to discontinue the
product, the service, the membership at any time, subject only to the
30 days
return policy, without notice.
Buyer understands that the
Seller may discontinue affiliate
programs under the terms of the affiliate program.
Buyer understands that the
Seller may discontinue customer
service on a product or service at any time without notice.
CALIFORNIA RESIDENTS NOTE
You are entering into a
contract that may modify, restrict, or
eliminate rights you may have under the California Online Privacy
Protection
Act of 2003 (OPPA). Under the Privacy Policy and this Purchase
Agreement you
waive any right to view or modify the content of our database. You
waive any
right to force this business or website to divulge when or to whom your
information may have been provided to third parties. In the event the
website
elects at its sole discretion to release information to you, you must
clearly
identify yourself to the website as the named customer who has
previously
purchased from the website. We are doing this protect information being
inadvertently
provided to fake customers who may have intentions to harm the real
customer.
The required identifying information may include credit card info,
social
security numbers, notarized copies of state issued id, or other id
sufficient
to allow our counsel to feel comfortable about releasing information -
in the
event we elect to divulge it at all. Additionally, this purchase
agreement, as
part of the consideration required to purchase from this website,
requires that
you agree to use the American Arbitration Association exclusively in
any claim
arising from the Terms of Use, Privacy Policy, or Purchase Agreement,
and not
the courts of the state of California. The customer also agrees, as
part of the
required consideration, that any cause of action is presumed to have
arisen in
the city and county of this business or website, not in the state of
California, unless the website is located there, and not in the
jurisdiction
where the customer resides.
ARBITRATION
As part of the consideration
that the Sellers requires, Buyer
agrees to use binding arbitration for any claim, dispute, or
controversy
("CLAIM") of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be
conducted pursuant to the rules of the
American Arbitration Association which are in effect on the date a
dispute is
submitted to the American Arbitration Association. Information about
the
American Arbitration Association, its rules, and its forms are
available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York,
New York, 10017-4305. Hearing will take place in the city or county of
the
Seller.
In no case shall the Buyer
have the right to go to court or
have a jury trial. Buyer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right
to
participate as a representative or member of any class of claimants
pertaining
to any claim subject to arbitration; the arbitrator's decision will be
final
and binding with limited rights of appeal.
The prevailing party shall be
reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney
fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this
purchase shall be brought before
a court of law, pre- or post-arbitration, Buyer agrees to that the sole
and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. In the
event that
litigation is in a federal court, the proper court shall be the closest
federal
court to the Seller's address.
APPLICABLE LAW
Buyer agrees that the
applicable law to be applied shall, in
all cases, be that of the state of the Seller.
NOTICE
Buyer herewith agrees to
receive Notice of Changes, Litigation,
Service of Process, Cancellation, Termination, and Modification of
service or
product at the email address provided to Seller on the ordering page.
Further,
Buyer agrees that the right to contact Buyer concerning legal notice
shall not
be terminated by previously submitted 'unsubscribed' notices and
specifically
agrees that any notification to cease contact shall not be binding upon
the
Seller in regards to Notice of Change, Litigation, Service of Process,
Cancellation of Product or Service or Membership or Subscription,
Termination
of a program, product or website, or Modification of the terms of
service or
product. Additionally, the Buyer grants Seller irrevocable right to
contact him
or her via mail or telephone concerning any of these issues
irrespective of
other rights the Buyer has to sever contact with Seller.
COSTS
The prevailing party to any
arbitration or litigation will be
entitled to collect attorney fees and all other costs of the
arbitration or
litigation, including filing fees, investigation fees, collection fees,
and
travel expenses from the other party.
MODIFICATION
This Purchase Agreement
cannot be modified in any manner
between the Seller and this Buyer unless modifications are made in
writing
signed by both parties. However, the Seller may modify this Purchase
Agreement
at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some
provisions, terms, conditions of the
Purchase Agreement are held to be invalid or unenforceable, the
remainder of
the provisions that are enforceable shall control. Additionally, Buyer
and
Seller agree that, if any provision is found to be invalid or
unenforceable,
the arbitrating panel will construe such provision to the maximum
extent that
it might be found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure
to enforce) any term of this
agreement shall not be construed as a modification or an amendment to
this
agreement or constitute a waiver of other breaches.
|