Terms of Service
Notice - Read This
WHEN
YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE
READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. WHICH
INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE OFFERED.
THIS
AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE
CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE
SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS
PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND
WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU
MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH
YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER
WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR
PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE
RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF
THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A
CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The
parties to this agreement are the website or its owners, hereafter
"SELLER," and you, the prospective purchaser, hereafter "BUYER".
Persons or entities who are not participants in this contract but who
have an indirect relationship, such as a supplier, joint venture
partner, membership organization, or sales affiliate, are herein
described as "THIRD PARTY OR THIRD PARTIES." The recipient of the
product herein sold, where said product is ordered by and paid for by
someone other than the recipient, is classified herein as if that
recipient were the ordering BUYER with the same rights, duties, and
obligations as the BUYER, but may also be referred to herein as
'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The
subject matter of this agreement is a product, service, or membership
described in promotional or sales materials on this website and/or in
an email referencing this website, and said website and/or email and
its contents are incorporated herein by reference and made a part
hereof and constitute a complete description of the product, service or
membership that is the subject matter of this Purchase Agreement. This
bundle of offerings, including additional items promoted on the order
page, shall, together, be termed 'product' throughout this agreement
but the word 'product' shall mean all elements offered in the sale,
whether digital, dimensional, or other license or right, and include
all sales or promotional materials.
REFUND POLICY
The
product referenced herein is sold with a 30 day refund period, unless
otherwise stated on the sales material. Shipping and Handling (S/H)
charges for physical products are non-refundable.
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 with a 30 day guarantee/warrant
y.
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 to our knowledge 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. Nothing promoted on
this website should be construed as a 'Get rich quick' scheme. 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.
INCOME DISCLOSER
The owner of this site, acting as a promotional advertiser,
does receive a small commission on the products herein. However, since commissions are received on
all products, no bias is claimed.
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:
Mark Speed
Wichita, Kansas
Company Email
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 © 2003-2008 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. |
