WHEN YOU COMPLETE
YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE
READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT. NO
REFUNDS ARE OFFERED. The reason for this is that we pay
other people to do the work that you have requested as per
your instructions.
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.
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 are products, services, or memberships
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, which may include additional items promoted on
the order pages, shall, together, be termed 'products'
throughout this agreement but the word 'products' 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
referenced herein is sold with no refund, unless otherwise
stated on each sales material. Shipping and Handling (S/H)
charges for physical products are non-refundable.
RIGHTS AND
OBLIGATIONS OF THE BUYER
The Buyer must pay
the full consideration for the products and services that the Seller
requires as the total price of the products and services. This
consideration includes the purchase price. 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 representatives. Buyer
shall at all times be fully empowered to sever contact with
the Seller by notification using the 'unsubscribe' link.
The Buyer retains the right to
have his or her name removed from a database but in no
event should the Buyer contact the webhost provider.
The Buyer's agreement to accept solicitation and contact may
be reduced, enhanced, limited or terminated by notification
to anyone contacting the Buyer.
The Buyer agrees to
allow the Seller to collect and store information collected from, provided by or
otherwise ascertained by electronic means from the Buyer.
The Buyer understands
that cookies may be placed on his or her hard drive that
will provide information to the Seller and which are
necessary for delivering an e-product, physical product or
service and which will be able
to determine if you retain the right to access the product.
or service.
Buyer understands that these cookies or other computer codes
will reside online and are private between the parties and
that this is the way all websites operate.
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 (s)he is present when (s)he makes
this purchase, and is the true and authorized owner of the
credit card used to make this purchase. Any Buyer who
commits fraud 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.
Buyer agrees that if
(s) he uses trickery to receive a refund, or if
(s) 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 which will include cost of product or
services and
charges and expenses related to it.
WARRANTY
The products are sold
'as is' without warranty of any kind.
GUARANTEE
The products are
guaranteed by their respective owners.
ASSUMPTION OF RISK
Buyer agrees to
accept all risk associated with the use of the products,
including but not limited to, ingestion of or application to
Buyer's person, the use of the products personally or in
business, all taxes and regulations applicable to the
products, all legal compliance issues related to the
products. Buyer warrants an understanding that the
Seller is disclaiming all liability from harm of any kind or
nature caused directly or indirectly from the products.
LIMITATION OF
LIABILITY AND DISCLAIMER
Buyer warrants an
understanding, as required consideration, that the Seller of
the products disclaims all liability for the products or
damages resulting from use or installation or reliance upon
the products for any reason. Buyer alone accepts full
responsibility for allowing others to use the products.
Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials of a
Third party product that is unintentionally misleading or
incorrect that might cause alleged damage to Buyer.
Buyer expressly
waives any and all alleged claims for consequential, speculative,
and unforeseeable damages resulting from the purchase or use
of the products or services 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 the products or services, or no matter what damage may be
allegedly caused by the use of the products or services, or
no matter the alleged harm or damage that may result directly or
indirectly from the purchase of the products or services, 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 a product or service, including alleged harm to buyer's
computer hardware or software. 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 shall be limited to the
purchase price paid for the product.
LIMITATION OF
LIABILITY FROM HARM CAUSED BY THE PRODUCT OR SERVICE
Buyer agrees that the
Seller's total liability shall be limited to
the purchase price paid for the product or service.
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 shall be limited to the purchase price paid for the product
or service.
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 the products or if claims about income or
earnings resulting from the use of the products or services are made,
such claims are true to our knowledge for the persons who
made the claims, including claims made by the Seller about
its own experience with the products and services.
However, Buyer cannot
simply rely on these statements as being duplicable by Buyer
because many factors affect results. Some people buy
products to make money and, in fact, make no money.
Some people buy products and never read or attempt to
implement any of the moneymaking ideas. Nothing
promoted on this website should be construed as a 'Get rich
quick' scheme. The income and earnings statements, if
any, tend to reflect the more successful cases. As is true in much of
life, real success requires real work. Learning
about the internet is work and it can produce income if Buyer is willing to learn his or her
craft and work at it steadily. 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 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’ shall be controlling. If the promotional
materials say that a fee is not refundable, then it
is not.
Where this disclaimer
and claims made in sales and promotional materials or the
products 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 the products and services.
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 the products, the
maximum amount of liability shall be the purchase price of
the product or service.
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 testimonial communication.
INDEMNIFICATION
Buyer agrees to
indemnify Seller for any and all damage that Buyer alleges
is caused by
using the products or information contained on this website.
RIGHT TO STOP SELLING
OR SERVICING PRODUCTS
Buyer agrees that
Seller has the right to discontinue offering some products or services.
ARBITRATION
As part of the
consideration that the Sellers require, 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, the
products, 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. Hearing will take place in the
city or county of the Seller.
In no case shall the
Buyer have the right to 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.
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 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, which could be a third party.
APPLICABLE LAW
Buyer agrees that the
applicable law to be applied shall, in all cases, be that of
the state of the Seller which could be a third party.
NOTICE
Buyer herewith agrees
to receive Notice of Changes, Litigation, Service of
Process, Cancellation, Termination, and Modification of
service or product at HelpDesk 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, or product,
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 the Buyer. The Seller has the right
to make dated modifications in writing which will be in
effect at the time they are posted on the website. This will
not effect a purchase that has already been made.
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.
SELLER CONTACT
INFORMATION
The Seller of the
products and services:
