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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: ALM Web Pros, LLC- 1600 S.
Ocean Blvd- Suite 1001, Lauderdale by the Sea, FL 33062
(800) 252-0234 contact: legal@almwebpros.com
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 © 2003-2008 by Mining Gold Corporation and
Nevada Processing Center, Inc, 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
for licensing information or visit legal documents
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