THIS IS IMPORTANT -- PLEASE READ
WHEN YOU CLICK AN ORDER BUTTON AND/OR ORDER LINK AT OUR SITE OR CHECK AN ACCEPTANCE OR "I AGREE" BOX, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
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, service or membership referenced herein is sold with an eight (8) week 'no questions asked' 100% money back guarantee. If the product is other
than an e-product or digital product, the product must be returned during the
refund period to the shipping address provided with the product. The burden
is on the Buyer to prove that the product was in fact returned to that address.
Cancellation of a membership or request for refund of a digital product delivered
over the Internet must be noticed to the contact address in this Purchase Agreement.
The Buyer understands that all rights to view the product and all license or
resale rights terminate when the product is returned for a refund. (Selling
of a product in which you have no ownership interest or resale license rights
is a crime as well as breach of this agreement.) Giving the Buyer a refund during
the refund period is the full and complete liability that the Seller of this
product, service or membership has to the Buyer. Buyer agrees that the length
of the refund period is reasonable and further agrees to examine, read, and
try the product, service or membership during the 8 week refund period
as a material consideration required by the Seller as part of the purchase price.
Buyer further warrants that he or she will make a determination during the 8 week refund period if the product is as described and to decide whether
the Buyer wishes to keep the product. If the Buyer does not contact the Seller
during the refund period, Buyer agrees that the Seller may construe silence
as a full, complete and final acceptance of the product, service or membership
with no further right of redress or refund for any reason due the Buyer.
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
eBook 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,
or telephone calls from the Seller and 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.
Buyer is allowed to use up to two copies of a digital product sold by Seller on no more than two separate computers, provided the product is in use on only one computer at any time. The product is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer, which includes a hard drive, CD-ROM, or other similar storage device.
Buyer may make copies of the digital product for back up and archival purposes only. Buyer may not do the following with the digital product unless given permission from Seller: copy the product and/or its documentation (if any exists) except to install the product or to make archival or backup copies as mentioned above, modify or adapt the product or merge it into another program, reverse engineer, disassemble, decompile or make any attempt to discover the source code of the product, place the product onto a server so that it is accessible via a public network such as the Internet, or sublicense, rent, lease or lend any portion of the product and/or documentation..
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 eighteen (18) years of age, not subject
to the Child Online Privacy Act (COPA), 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.' There is an 8 week refund period. Period.
However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to accept a replacement product or a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 8 weeks from the date of the order. During this 8 week period, the Buyer may request and will receive a refund for any reason. During this 8 week period, Buyer may request a replacement product in lieu of a refund but 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', '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 may buy this product to make money and, in fact, make no money. Some people may buy this product and never read it or attempt to implement any 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 may be buying to learn how to make money or products that Buyer may be 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 understands and accepts the terms of the Privacy
Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly understands and 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
without prior notification to the Buyer.
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, subject only to the 8 week return policy,
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 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 information, social security numbers, notarized copies of state issued identification, or other identification 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 county of the Seller (Dauphin County, Pennsylvania).
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
(Dauphin County, Pennsylvania). 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
Seller's contact information can be found on our contact
informaton page.
FINAL ACCEPTANCE
By taking the affirmative step of clicking an order button and/or order link,
or checking an Acceptance or "I Agree" box, 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.
COPYRIGHT AND LICENSE
This document is copyrighted 2003-2004 by Mining Gold Corporation and IP Management,
LLC and is fully licensed for use by this website. If you wish to lawfully use
this Purchase Agreement on your website, contact support@internetlawcompliance.com
or this website for licensing information.
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