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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 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: Calvin Brown
USA address:
Calvin
Brown
doing business as:
www.affiliatebuddha.com
1004 Commercial
Avenue
#109
Anacortes,
WA 98221
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.
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