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Purchase Agreement 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.
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 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. 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 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 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. 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:
Larry R. Schalk 400 South C St., Suite 335
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. This
“Purchase Agreement” is copyrighted © 2009
Rione X IP Group LLC and is fully licensed for use by this website. If you wish to lawfully use this
Purchase Agreement on your website, visit our website at http://www.internetlawcompliance.com. |