Purchase Agreement
Notice -- Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE
BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY
UNDERSTAND THE TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO
REFUND POLICY.
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 referenced herein is sold with
no refund, UNLESS STIPULATED ELSEWHERE IN THE OFFER.
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 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
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.
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.
