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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, 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 websites 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 website may be used for prosecution and may be
turned over to law enforcement agencies or to credit card companies and
merchant service providers.
If the true and/or
authorized owner of the credit card attempts to commit fraud upon the
Seller, he authorizes each and every credit card company or merchant service
provider to disclose to the Seller all information that could be construed
as proof of credit card fraud.
Any Buyer who attempts to
perpetrate a fraud upon Seller involving the use of a credit card herewith
gives authorization for the Seller to access all credit information about
the Buyer from credit reporting agencies and also authorizes the Seller to
discover all relevant information from any source about the fraudulent
practices of the Buyer and to reveal such information to credit reporting
agencies, credit card companies, merchant service providers, and law
enforcement agencies.
Buyer agrees that if he
uses trickery to receive more than one refund, or if he causes a fraudulent
dispute claim that results in a chargeback against the Seller's account,
that the Seller is authorized to re-charge the Buyer's credit card that was
used for the original purchase to the extent that will make the Seller
whole. Buyer agrees to, in addition to actual damages, pay to the Seller
liquidated damages of an amount equivalent to US$10,000 for every separate
fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as
is' without warranty or guarantee of any kind, either express or implied,
including no warranty as to merchantability or fitness for a particular
purpose. The Seller warrants and guarantees absolutely nothing. There is
no 'warranty period.' 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 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 Service 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, 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 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:
Know No Limits Inc.
COPYRIGHT
This Purchase Agreement is
copyrighted by Know No Limits Inc.
FINAL ACCEPTANCE C
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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