Purchase Agreement
Notice -- Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT
YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO
REFUNDS ARE OFFERED.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT
YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN,
GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT
ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT
REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS
WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR
ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF
THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART
OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A
CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners,
hereafter "SELLER," and you, the prospective purchaser, hereafter
"BUYER". Persons or entities who are not participants in this
contract but who have an indirect relationship, such as a supplier,
joint venture partner, membership organization, or sales affiliate, are
herein described as "THIRD PARTY OR THIRD PARTIES." The
recipient of the product herein sold, where said product is ordered by
and paid for by someone other than the recipient, is classified herein
as if that recipient were the ordering BUYER with the same rights,
duties, and obligations as the BUYER, but may also be referred to
herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or
membership described in promotional or sales materials on this website
and/or in an email referencing this website, and said website and/or
email and its contents are incorporated herein by reference and made a
part hereof and constitute a complete description of the product,
service or membership that is the subject matter of this Purchase
Agreement. This bundle of offerings, including additional items
promoted on the order page, shall, together, be termed 'product'
throughout this agreement but the word 'product' shall mean all
elements offered in the sale, whether digital, dimensional, or other
license or right, and include all sales or promotional materials.
REFUND POLICY
The product referenced herein is sold with no refund.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the
Seller requires as the total price of the product. This
consideration includes not only the purchase price, but other
obligations that the Buyer accepts as well as potential rights the
Buyer agrees to forego. By accepting this Purchase
Agreement, the Buyer agrees to receive continuing follow-up contact
from the Seller including email, mail, newsletters, product updates,
product recall notices, product improvements, telephone calls from the
Seller and/or telemarketing organizations and/or pollsters for the
purpose of solicitation related to the instant product or any other
product or service. Buyer agrees to post-sale contact from
joint venture partners of the Seller or from others who have a
commercial relationship with the Seller. Buyer agrees that all
personal information about the buyer or his or her buying habits and
preferences, including address and phone number, may be placed in a
general database and agrees that this information may be shared, rented
or sold to third parties. However, Buyer shall at all times
be fully empowered to sever contact with the Seller by notification
using the 'unsubscribe' link in solicitations. Moreover, the
Buyer retains the right to refuse specific contact with some third
party solicitors and maintain it with others. The Buyer retains
the right to have his or her name removed from a general solicitation
database. The Buyer's agreement to accept solicitation and
contact may be reduced, enhanced, limited or terminated by notification
to anyone contacting the Buyer. The burden is on the Buyer
to prove that such communication was made to and received by the person
making contact. Buyer agrees that Seller is not liable for
communications made to the Buyer by parties unrelated to this purchase
even though referred by the Seller. Buyer accepts full
responsibility for limiting unsolicited contact and Buyer understands
that he retains all rights to directly restrict communication or
solicitation from any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for
marketing purposes all information collected from, provided by or
otherwise ascertained by electronic means from the Buyer. The
Buyer, specifically, and as part of the consideration paid for this
product, waives all right to access, retrieve, or control such
information except that the Buyer retains the right to restrict contact
as described previously.
The Buyer understands that cookies may be placed on his or her hard
drive that will provide information to the Seller and which are
necessary for delivering an e-product and which will be able to
determine if you retain the right to access the product. Buyer
understands that these cookies or other computer codes will reside on
the hard drive and will communicate at times with the Seller's computer
and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT
taxes to be collected understand that, unless custom duties are
collected at the point of sale by the Seller, the Buyer remains
responsible for payment of custom duties and taxes at the time the
product is received. If it should happen that the Seller's
courier or freight account is charged for custom duties and tax,
instead of the Buyer paying referenced charges, then the Buyer hereby
authorizes the Seller to bill the Buyer's credit card for said charges
or for the return of goods if they are refused at the point of
destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject
to the Child Online Privacy Act, of legal age to enter into contractual
agreements in the state in which he is present when he makes this
purchase, and is the true and authorized owner of the credit card used
to make this purchase. Any Buyer who violates any of these
requirements may be liable for civil or criminal prosecution and agrees
to pay liquidated damages of an amount the equivalent of US$10,000 per
fraudulent transaction, plus actual damages, and agrees that all
information collected by this website may be used for prosecution and
may be turned over to law enforcement agencies or to credit card
companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to
commit fraud upon the Seller, he authorizes each and every credit card
company or merchant service provider to disclose to the Seller all
information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving
the use of a credit card herewith gives authorization for the Seller to
access all credit information about the Buyer from credit reporting
agencies and also authorizes the Seller to discover all relevant
information from any source about the fraudulent practices of the Buyer
and to reveal such information to credit reporting agencies, credit
card companies, merchant service providers, and law enforcement
agencies.
Buyer agrees that if he uses trickery to receive more than one
refund, or if he causes a fraudulent dispute claim that results in a
chargeback against the Seller's account, that the Seller is authorized
to re-charge the Buyer's credit card that was used for the original
purchase to the extent that will make the Seller whole. Buyer
agrees to, in addition to actual damages, pay to the Seller liquidated
damages of an amount equivalent to US$10,000 for every separate
fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's
person, the use of the product personally or in business, all taxes and
regulations applicable to this product, all legal compliance issues
related to this product. Buyer warrants an understanding that the
Seller is disclaiming all liability from harm of any kind or nature
caused directly or 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:
Winning Wealth Formula LLC
P.O. Box 624
Wagner, SD 57380
402 408 9772
jason @ thewinningbusiness.com
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product, service,
or membership, you, the Buyer, attest that you have fully read,
understand, and accept the terms of this Purchase Agreement contract,
and warrant to the Seller that said affirmative digital acceptance
shall be deemed to be the same as if you had affixed your signature to
this Purchase Agreement contract.
This “Purchase Agreement” is copyrighted © 2003-2006 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..
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