Purchase Agreement
Notice -- Read This
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 a 30 day money-back guarantee,
see the product Guarantee for the details of each product sold.
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 of any kind. The guarantee is listed on the product being purchased.
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:
Rob Swanson Training Systems
www.reiEducationProducts.com
5023 W. 120th Avenue, #102
Broomfield, CO 80020
support@reieducationproducts.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 © 2003-2007 by Mining Gold Corporation and Nevada
Processing Center, Inc. (888) 214-3349, and is fully licensed for
use by this website. If you wish to lawfully use this Terms of
Use on your website, contact support@internetlawcompliance.com for licensing information or visit legal documents website.
© Copyright 2010 Rob Swanson Training Systems, All
Rights Reserved.
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