Notice - Read This
WHEN YOU COMPLETE YOUR PURCHASEYOUTHE BUYERARE CLAIMING THAT YOU HAVE READACCEPTEDAND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE OFFERED.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOUIN TURNGIVE 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 PRODUCTSERVICE OR MEMBERSHIP TO YOUAND 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 RIGHTSDUTIESAND LIMITATIONS EMBODIED IN ITIS 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 ownershereafter "SELLER and you, the prospective purchaser, hereafter BUYER". Persons or entities who are not participants in this contract but who have an indirect relationshipsuch as a supplierjoint venture partnermembership organizationor sales affiliateare herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein soldwhere said product is ordered by and paid for by someone other than the recipientis classified herein as if that recipient were the ordering BUYER with the same rightsdutiesand obligations as the BUYERbut may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a productserviceor membership described in promotional or sales materials on this website and/or in an email referencing this websiteand 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 productservice or membership that is the subject matter of this Purchase Agreement. This bundle of offeringsincluding additional items promoted on the order pageshalltogetherbe termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the salewhether digitaldimensionalor other license or rightand include all sales or promotional materials.
The product referenced herein is sold with a 30 day refund periodunless 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 pricebut other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreementthe Buyer agrees to receive continuing follow-up contact from the Seller including emailmailnewslettersproduct updatesproduct recall noticesproduct improvementstelephone 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 preferencesincluding address and phone numbermay be placed in a general database and agrees that this information may be sharedrented or sold to third parties. HoweverBuyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations. Moreoverthe 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 reducedenhancedlimited 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 collectstoreand use for marketing purposes all information collected fromprovided by or otherwise ascertained by electronic means from the Buyer. The Buyerspecificallyand as part of the consideration paid for this productwaives all right to accessretrieveor 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 thatunless custom duties are collected at the point of sale by the Sellerthe 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 taxinstead of the Buyer paying referenced chargesthen 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 agenot subject to the Child Online Privacy Actof legal age to enter into contractual agreements in the state in which he is present when he makes this purchaseand 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$10000 per fraudulent transactionplus actual damagesand 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 Sellerhe 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 agenciescredit card companiesmerchant service providersand law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refundor if he causes a fraudulent dispute claim that results in a chargeback against the Seller's accountthat 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 toin addition to actual damagespay to the Seller liquidated damages of an amount equivalent to US$10000 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 productincluding but not limited toingestion of or application to Buyer's personthe use of the product personally or in businessall taxes and regulations applicable to this productall 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 agreesas part of the consideration required to purchase this productto 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 understandingas required considerationthat 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 consequentialspeculativeand 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 productor no matter what damage may be allegedly or actually caused by the use of this productor no matter the harm or damage that may result directly or indirectly from the purchase of this productfor any reason whatsoeverthat 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 thatSellerspecifically but not exclusivelydisclaims liability for all damage to Buyer's person or business by using this productincluding harm to buyer's computer hardware or software from wormsvirusesor 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 liabilityeven for erroneous product content that causes damage to the Buyershall 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 liabilityeven from harm caused to the Buyer or to others from use of the productshall 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 liabilityfor any other injuryharmor tort of any kindwhether foreseeable or unforeseeableshall 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 madesuch claims are true to our knowledge for the persons who made the claimsincluding claims made by the Seller about its own experience with the product.
HoweverBuyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect resultsincluding just dumb luck. Some people buy this product to make money andin factmake 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 statementsif anytend 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 lifereal 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 andperhapseven 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 productBuyer 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 feethe Buyer has a right to terminate the membership or ‘plan’ upon notice to the Seller. In this casethe 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 refundablethen it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflictthis Purchase Agreement shall be controlling exceptand unlessthe 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 costsinvestigation costsattorney feesand 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 moneyif anythat 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.
Buyeragainwarrants an understanding that in any eventfor any reasonno matter the amount of damages claimedas a material part of the consideration for purchase of this productthe maximum amount of liability shall be the purchase price of the product.
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.
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 productthe servicethe 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
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 Associationits rulesand its forms are available from the American Arbitration Association335 Madison AvenueFloor 10New YorkNew York10017-4605. 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 arbitrationincluding attorney feescollection feesinvestigation feestravel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of lawpre- or post-arbitrationBuyer 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 courtthe proper court shall be the closest federal court to the Seller's address.
Buyer agrees that the applicable law to be applied shallin all casesbe that of the state of the Seller.
Buyer herewith agrees to receive Notice of ChangesLitigationService of ProcessCancellationTerminationand Modification of service or product at the email address provided to Seller on the ordering page. FurtherBuyer 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 ChangeLitigationService of ProcessCancellation of Product or Service or Membership or SubscriptionTermination of a programproduct or websiteor Modification of the terms of service or product. Additionallythe 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.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigationincluding filing feesinvestigation feescollection feesand travel expenses from the other party.
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. Howeverthe 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 provisionstermsconditions of the Purchase Agreement are held to be invalid or unenforceablethe remainder of the provisions that are enforceable shall control. AdditionallyBuyer and Seller agree thatif any provision is found to be invalid or unenforceablethe 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:
By taking the affirmative step of purchasing of a productserviceor membershipyouthe Buyerattest that you have fully readunderstandand accept the terms of this Purchase Agreement contractand 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.