Notice -- Read This
BY MAKING A PURCHASE FROM THIS WEBSITE, YOU, THE BUYER, ARE CLAIMING
THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
Dear Valued Customer--
This is a great product and we’re sure you’ll be happy that
you got it. In fact, I guarantee your satisfaction with our 90 day
no-hassle, no-questions-asked, 100% refund policy as described on my
No matter what happens after you get this product,
you’ve got 90 days to examine it, use it, and try it. If
you’re not delighted, just ask for a refund.
The complete agreement that follows is - well - designed by
lawyers. It lays out my rights and duties and your rights and duties as
well as various disclaimers and limitations of liability. You are
encouraged to read the following Purchase Agreement because its
provisions may impact on you.
required to put all of this legalese here. But you can be assured that
whatever claims and promises are made in plain English in the
promotional materials or on my website - I honor them and I guarantee
them with our no-questions-asked, full 90 day refund policy.
you to not only be happy with your purchase, I want you to be thrilled.
I want you to feel that the value of what you purchased is far greater
than the price you paid.
if there are any problems with this - or any product you purchase from
me, let me know about them right away. You can reach me by email or by phone at (908)362-7130.
finally, in order for any of my products to help you, you have to put
them to work. You have to take action. There is no magic here. If you
don't do the work, nothing will happen. The biggest reason people fail
at anything is the lack of action. No action, no progress.
kind of results will you get? I don't know. There are so many
variables. But I can promise you that both I and my products will do
the best we can to help you be as successful as possible.
And if you're not satisfied, return your purchase for a refund.
The legalese of this agreement is presented below. Enjoy the read and...
Congratulations on your choice. I wish you every success!
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
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.
The product, service or membership referenced herein is sold with a
90 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 90 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 90 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.
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.
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
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
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.
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
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 90 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 90 days
from the date of the order. During this 90 day period, the Buyer may
request and will receive a refund for any reason. During this 90 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
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
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.
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.
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 90 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.
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
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.
Essex County, New Jersey. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to the
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
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.
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.
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:
Hope, NJ 07844
By taking the affirmative step of purchasing 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.
These forms are copyrighted. Internet Law Compliance © 2003
Mining Gold Corporation and IP Management, LLC and are licensed for use
by a single domain. Contact firstname.lastname@example.org for licenses for multiple domains, which are available at a very reasonable price.