Legal
Disclaimer
Notice -- Please Read This
WHEN YOU
CLICK A PAYMENT LINK ON THIS WEBSITE, YOU, THE BUYER, ARE CLAIMING
THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT.
Dear Valued Customer--
The complete agreement that
follows is – well – designed by lawyers and is a requirement by
law. 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.
The legalese of this agreement is
presented below. Enjoy the read and –
Congratulations on your choice.
We wish you every success!
Sincerely.
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.
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 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'.
However, in
the event that the Buyer claims that the product is defective,
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', IN SALES AND PROMOTIONAL
MATERIALS OR PRODUCT
If claims
about results from using this product or if claims about results
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 find information and in fact,
find no information. Some people buy this product and never read it
or attempt to implement any of the resources or ideas. Some folks
seemingly take to it like a duck to water and can't stop finding
results. Nothing promoted on this website should be construed as a
'find info quick' scheme. The products Buyer is buying to learn how
to find information and have all been proven methods. The
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 excellent results if Buyer is willing to
learn his or her craft and work at it steadily. 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 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
,
10017-4605
. 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.
Barton, Vermont.
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 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.
FINAL
ACCEPTANCE
By taking
the affirmative step of clicking any order link on this website, and
the 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.
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