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Terms Of
Use & Purchase Agreement
THIS
IS IMPORTANT
-- PLEASE READ --
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF
ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND
ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS
WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING
YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ
AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT
APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF
THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL
FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS
CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES
ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE
PRIVACY PROTECTION ACT (COPPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON
OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY
POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE
WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION
FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates,
or customers, collectively referred to herein as "Visitors,"
are parties to this agreement. The website and its owners
and/or operators are parties to this agreement, herein
referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract
with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right
to use this information in a commercial or public setting;
they have no right to broadcast it, copy it, save it, print
it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree
this condition of viewing and you acknowledge that any
unauthorized use is unlawful and may subject you to civil or
criminal penalties. Again, Visitor has no rights whatsoever
to use the content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying code,
or other intellectual property the site may contain, for any
reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition
to costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting
this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS
OF THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material contained on the website must be presumed
to be proprietary and copyrighted. Visitors have no rights
whatsoever in the site content. Use of website content for
any reason is unlawful unless it is done with express
contract or permission of the website. It is unlawful to use
the domain name associated with this website as “invisible”
or visible keywords on your website without the express
permission of the domain name owner. By viewing and then
unlawfully using a name, product, brand, whether or not
copyrighted or trademarked, whether visible or invisible to
the casual visitor, you agree to pay damages of no less than
USD$100,000.00 plus all court costs and attorney fees if you
are found to have violated this provision.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING
SITE WHETHER BY VISIBLE LINKING OR INVISIBLE KEYWORD
PLACEMENT ON YOUR SITE IS PROHIBITED
Unless expressly authorized by website, no one may hyperlink
this site, or portions thereof, (including, but not limited
to, logotypes, trademarks, branding or copyrighted material)
to theirs for any reason. This prohibition shall cover use
of identify marks, brands, domain names belonging to this
site in an invisible manner such as embedded keywords and
metatags. Further, you are not allowed to reference the url
(website address) of this website in any commercial or
non-commercial media without express permission, nor are you
allowed to ‘frame’ the site. You specifically agree to
cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. By viewing this
site and then unlawfully using a name, product, brand,
whether or not copyrighted or trademarked, whether visible
or invisible to the casual visitor, you agree to pay
monetary damages (liquidated damages) of no less than
USD$100,000.00 plus all court costs and attorney fees if you
are found to have violated this provision. As a general
rule, this website is pleased when another site chooses to
acknowledge it or reference it and this provision is not
meant to cover “friendly” reference instances. However,
sites and the persons behind those sites that attempt to
demean this site or profit from it without compensation are
liable for damages and this prohibition clause will be
strictly enforced. If you have doubts, request express
permission before using this site’s name or referencing it.
Further, any attempt to use the site’s name or the contents
thereon that could cause financial or reputational damage to
the site is strictly prohibited, whether the use is obvious
or invisible using various coding embedding techniques.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of
the content of this website. Visitors assume all the risk of
viewing, reading, using, or relying upon this information.
Unless you have otherwise formed an express contract to the
contrary with the website, you have no right to rely on any
information contained herein as accurate. The website makes
no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR
ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING
FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the
visitor subsequently communicates with from corrupting code
or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with this site,
or banners or pop-ups or advertising displayed thereon, at
his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own
risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to,
viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this
site, including banners, advertising, pop-ups, or downloads,
and as a condition of the website to allow his lawful
viewing, Visitor forever waives all right to claims of
damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or
extensive, whether physical or emotional, foreseeable or
unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the
Website is required to pay for, the Visitor, as a condition
of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the
Website and may be used, without further permission, for
commercial use without additional consideration of any kind.
Visitor agrees to only communicate that information to the
Website, which it wishes to forever allow the Website to use
in any manner as it sees fit. "Submissions" is also a
provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due
Visitor and Visitor expressly warrants an understanding that
the right to notice is waived as a condition for permission
to view or interact with the website.
DISPUTES As part of the consideration that the Website
requires for viewing, using or interacting with this
website, Visitor 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 viewer, visitor, member, subscriber or
customer have the right to go to court or have a jury trial.
Viewer, visitor, member, subscriber or customer 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, Viewer,
visitor, member, subscriber or customer 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. Phoenix, Arizona. 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
Viewer, visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases, be
that of the state of the Seller.
CONTACT INFORMATION
Foreclosure Marketing Tool Kit
3145 E. Chandler Blvd, Ste 110
Phoenix, AZ 85048
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
{hyperlink to your privacy policy page} of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use {hyperlink to your
terms of use page} 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
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Last updated:
July 31, 2009 Copyright
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