Purchase Agreement
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 indirect from this product. Buyer agrees, as part of the consideration
required to purchase this product, to carefully review and test this product
during the refund period and to immediately request a refund if the product is
not satisfactory.
LIMITATION
OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration,
that the Seller of this product disclaims all liability for the product or
damages resulting from use or installation or reliance upon this product for
any reason. Buyer alone accepts full
responsibility for allowing others to use this product. Buyer understands that Seller disclaims
liability for any information contained in sales or promotional materials or
the product itself that is unintentionally misleading or incorrect that might
cause damage to Buyer.
Buyer expressly waives any and all claims for consequential,
speculative, and unforeseeable damages resulting from the purchase or use of
this product or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen
because of his or her purchase of this product, or no matter what damage may be
allegedly or actually caused by the use of this product, or no matter the harm
or damage that may result directly or indirectly from the purchase of this
product, for any reason whatsoever, that the absolute maximum extent of
Seller's liability shall be an amount no greater than the purchase price of the
product.
Buyer agrees and understands that, Seller, specifically but
not exclusively, disclaims liability for all damage to Buyer's person or
business by using this product, including harm to buyer's computer hardware or
software from worms, viruses, or other defects in the product or computer codes
that cause harm. Seller disclaims
liability for Buyer's interaction with Third Party soliciting agents who were
provided 'leads' by the Seller. Seller
disclaims liability for Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's
interaction with other visitors or members of the website.
LIMITATION
OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for
erroneous product content that causes damage to the Buyer, shall be limited to
the purchase price paid for the product.
LIMITATION
OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from
harm caused to the Buyer or to others from use of the product, shall be limited
to the purchase price paid for the product.
LIMITATION
OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any
other injury, harm, or tort of any kind, whether foreseeable or unforeseeable,
shall be limited to the purchase price paid for the product.
LIMITATION
ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation
of liability.
SPECIFIC
DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN
SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims
about income or earnings resulting from the use of this product are made, such
claims are true for the persons who made the claims, including claims made by
the Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as
being duplicable by Buyer because many factors affect results, including just
dumb luck. Some people buy this product
to make money and, in fact, make no money.
Some people buy this product and never read it or attempt to implement
any of the moneymaking ideas. Some
folks seemingly take to it like a duck to water and can't stop making
money. Nothing promoted on this website
should be construed as a 'Get rich quick' scheme. The products Buyer is buying to learn how to make money or
products that Buyer is buying to re-sell, have all been proven money-makers. The income and earnings statements, if any,
tend to reflect the more successful cases and Buyer should not construe this as
being the 'average' or usual success story.
As is true in much of life, real success usually requires real work. Learning about the internet is not terrible
work and it can produce very livable income if Buyer is willing to learn his or
her craft and work at it steadily. Even
part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer
may not have a background to easily learn and will certainly require constant
education and, perhaps, even psychological motivation to keep Buyer directed
toward his or her goals.
If the product Buyer is purchasing is a physical product
promoted for a particular purpose and if the promotional materials make claims
about the results from the use of this product, Buyer hereby warrants his
understanding that there exists some probability that the product will not
deliver those same results to any particular Buyer and that the refund of the
purchase price (subject to the return of the product to the Seller) is the full
remedy for any Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a
product ‘plan’ that claims to produce specific benefits or results or that
otherwise involves a recurring fee, the Buyer has a right to terminate the
membership or ‘plan’ upon notice to the Seller. In this case, the promotional materials describing the membership
and the ‘plan’ and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part
of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and
promotional materials or the product are in conflict, this Purchase Agreement
shall be controlling except, and unless, the Seller deliberately misled the
Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to
substantiate any deliberate deception.
Buyer accepts the obligation to reimburse the Seller for all court
costs, investigation costs, attorney fees, and all litigation-related costs in
the event Buyer brings suit against the Seller and does not prevail in court or
at arbitration.
No warranties are made whatsoever about the amount of money,
if any, that Buyer will earn from this material or product or service and Buyer
warrants an understanding that Buyer's only course of action is to test this
product and material for the extent of the refund period and request a refund
if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event,
for any reason, no matter the amount of damages claimed, as a material part of
the consideration for purchase of this product, the maximum amount of liability
shall be the purchase price of the product.
PRIVACY POLICY
ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE
ACCEPTED
Buyer expressly accepts the Terms of 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 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:
A-Z
Landscapes & Contract Services LTD
1 Hilltop
Brantham Hill
Brantham
Manningtree
Essex
CO11 1SR
UK
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 © 2003-2006 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..