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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. 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 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
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 within 30 days, seller will refund
the full purchase price (minus shipping &
handling) upon receipt of
said product, no questions asked.
If the Buyer
is
purchasing a
membership in this site, he/she may have a free trial
period. If the
Buyer does not cancel before the free trial ends, the Buyer
will be
charged a monthly subscription rate as quoted in
the membership's
publicity materials. The Buyer may cancel his membership at
any time
by contacting
Laura
Aridgides
with
the order number and order date. The cancellation will be
effective at
the end of the current billing cycle. Once
cancelled, the Buyer can enoy
the remainder of
the membership service up until the last day of the current billing
cycle.
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.
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
strategies. Some folks seemingly take to it like a duck to
water and
become immediately successful. 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.
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. There are no refunds for membership plans.
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
AND CONDITIONS ACCEPTED
Buyer expressly
accepts the Terms and Conditions
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 International Centre for Dispute
Resolution (ICDR) which are in effect on the date a dispute is
submitted to the International Centre for Dispute Resolution
(ICDR).
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. Toronto,
Ontario. 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.
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.
CONTACT
INFORMATION
If there are any questions regarding these policies you may contact Laura Aridgides
using the information
below.
http://www.SimpleDirectSalesSuccess.com
P.O. Box 333
Richmond, VT 05477
USA
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