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 an
arbitration association in the country of the seller 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 country of this business or website,
not in the state of
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.
Hearing will take place in the city and
country 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 country 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 country 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:
Digital Product Search, LLC
2711 Centerville Rd., Ste 120
Wilmington, DE 19808
info@DigitalProductSearch.com FINAL
ACCEPTANCE By taking the affirmative step of
purchasing of a product, service, or membership, you, the Buyer, attest that
you have fully read, understand, and accept the terms of this Purchase Agreement
contract, and warrant to the Seller that said affirmative digital acceptance
shall be deemed to be the same as if you had affixed your signature to this
Purchase Agreement contract. This �Purchase Agreement� is
copyrighted � 2003-2008 by Mining Gold Corporation
and Nevada Processing Center, Inc, and is fully licensed for use by this
website. If you wish to lawfully use
this Purchase Agreement on your website, contact support@internetlawcompliance.com for licensing
information or visit legal documents website.. http://www.ipcgold.com/ad/114/CD58602