TERMS OF USE
Notice - Read This
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 a 30 day
refund period, unless otherwise stated on the 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 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 with a 30 day guarantee/warranty.
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 indirecty 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 to our
knowledge 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. 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 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
without notice.
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 to 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,
10017-4605. 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.
SELLER CONTACT INFORMATION
The Seller of this product is:
Company
Address
Email
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a
product, service, or membership, you, the Buyer, attest
that you have fully read, understand, and accept the
terms of this Purchase Agreement contract, and warrant
to the Seller that said affirmative digital acceptance
shall be deemed to be the same as if you had affixed
your signature to this Purchase Agreement contract.
