PURCHASE AGREEMENT
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER
AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT
DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR
MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED
IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the Web site 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 Web site and/or in an email referencing this Web site, and said Web site and/or email and its
contents are incorporated herein by reference and made a part hereof and constitute a complete description of the
product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings,
including additional items promoted on the order page, shall, together, be termed 'product' throughout this
agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or
other license or right, and include all sales or promotional materials.
REFUND POLICY
The product, service or membership referenced herein is sold with a 60 day 'no questions asked' 100% money back
guarantee. If the product is other than an e-product or digital product, the product must be returned during the
refund period to the shipping address provided with the product. The burden is on the Buyer to prove that the
product was in fact returned to that address. Cancellation of a membership or request for refund of a digital
product delivered over the internet must be noticed to the contact address in this Purchase Agreement. The Buyer
understands that all rights to view the product and all license or resale rights terminate when the product is
returned for a refund. (Selling of a product in which you have no ownership interest or resale license rights is a
crime as well as breach of this agreement.) Giving the Buyer a refund during the refund period is the full and
complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the
length of the refund period is reasonable and further agrees to examine, read, and try the product, service or
membership during the 60 day refund period as a material consideration required by the Seller as part of the
purchase price. Buyer further warrants that he or she will make a determination during the 60 day refund period if
the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not
contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete
and final acceptance of the product, service or membership with no further right of redress or refund for any
reason due the Buyer. The 60-day refund period will start from the day the product is ordered unless shipping is
involved, in which case the 60 days refund period will start 10 days after the product has been shipped.
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. Additionally, the product, service or membership may come
with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional
materials and unless all conditions are met, the Buyer has no license, permission or right to duplicated or sell
this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.
BUYER WARRANTS AN UNDERSTANDING THAT THIS BOOK IS ABOUT LEGAL GUIDELINES -- NOT LEGAL
ADVICE
The authors are attorneys. But they are not your attorneys. While the views expressed herein are certainly our
opinion, they do not comprise a binding legal opinion. You must construe this book only as a legal guideline that
you should discuss with your personal attorney or that you otherwise use at your own risk. This material is dated.
It is deliberately broad. While the authors feel that many Web sites will benefit from using and relying on this
material, it will not be true in all cases. Since you are fully licensed to use these forms for a single domain,
your attorney may customize them for your own situation.
The text includes notations and rationales to help you or your legal counsel understand why certain provisions
are included. You should take note and encouragement from the fact that this Purchase Agreement is identical to the
one supplied in your book – except for this ‘lawyer’ provision and our contact information.
The authors accept no responsibility for your use of this information or the accompanying forms because we can
only write for a general audience and no one person is ‘general’. The Buyer assumes all risk if Buyer uses this
information or forms without benefit of Buyer’s own counsel.
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 notify the Seller that Buyer no longer wishes to receive general solicitation contact by using the
‘unsubscribe’ link in all solicitations. Seller forever retains the right to contact Buyer concerning information
relating to the product purchased or for legal purposes. Moreover, 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.
(C) 2003ng Gold Corporation & IP Management LLC
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 Web site may be used for prosecution and may be turned over to law enforcement agencies or to credit card
companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes
each and every credit card company or merchant service provider to disclose to the Seller all information that
could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives
authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and
also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of
the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service
providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute
claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the
Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer
agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000
for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no
warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely
nothing. There is no 'warranty period.' There is a 60 day refund period. Period.
However, in the event that the Buyer claims that the product is defective, the sole remedy to the Buyer is to
accept a replacement product or a refund. The period for the Buyer to determine if the product is defective and
request a replacement or refund is 60 days from the date of the order. During this 60 day period, the Buyer may
request and will receive a refund for any reason. During this 60 day period, Buyer may request a replacement
product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the
purchase price.
If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional
material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be
construed to be longer than the refund period.
If the Buyer is purchasing a membership in this site, the terms of membership as specified in the solicitation
materials are controlling.
If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a
third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that
the warranties available through this site, if any are offered or construed, are extremely limited, restrictive,
and short.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion
of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations
applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding
that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from this
product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test
this product during the refund period and to immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all
liability for the product or damages resulting from use or installation or reliance upon this product for any
reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that
Seller disclaims liability for any information contained in sales or promotional materials or the product itself
that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting
from the purchase or use of this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no
matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage
that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the
absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the
product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage
to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from
worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for
Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims
liability for Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's interaction
with other visitors or members of the Web site.
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 Web site 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 Web site.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Service of the Seller's Web site.
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 Web site that results in a damage award against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time,
subject only to the 60 day return policy, without notice.
Buyer understands that the Seller may discontinue affiliate programs under the terms of the affiliate
program.
Buyer understands that the Seller may discontinue customer service on a product or service at any time without
notice.
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 Greenville, South
Carolina.
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 that the sole and proper jurisdiction shall be Greenville, South Carolina. In the event that litigation is
in a federal court, the proper court shall be Greenville, South Carolina.
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 Web site, 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: Know No Limits Inc.
COPYRIGHT
This Purchase Agreement is copyrighted by Know No Limits Inc.
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the
purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and
accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital
acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement
contract.
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