|
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 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 of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the
Terms of Use of the Seller's website.
RIGHT TO PUBLISH
SUBMISSIONS
Buyer agrees that Seller may
publish for commercial purposes the full or partial content of any and all
communication with Buyer at the Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify
Seller for any and all damage that Buyer causes by using the product or
information contained on this website that results in a damage award against the
Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has
the right to discontinue the product, the service, the membership at any time
without notice.
Buyer understands that the
Seller may discontinue customer service on a product or service at any time
without notice.
CALIFORNIA RESIDENTS
NOTE
You are entering into a
contract that may modify, restrict, or eliminate rights you may have under the
California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy
Policy and this Purchase Agreement you waive any right to view or modify the
content of our database. You waive any right to force this business or website
to divulge when or to whom your information may have been provided to third
parties. In the event the website elects at its sole discretion to release
information to you, you must clearly identify yourself to the website as the
named customer who has previously purchased from the website. We are doing this
to protect information being inadvertently provided to fake customers who may
have intentions to harm the real customer. The required identifying information
may include credit card info, social security numbers, notarized copies of state
issued id, or other id sufficient to allow our counsel to feel comfortable about
releasing information – in the event we elect to divulge it at all.
Additionally, this purchase agreement, as part of the consideration required to
purchase from this website, requires that you agree to use the American
Arbitration Association exclusively in any claim arising from the Terms of Use,
Privacy Policy, or Purchase Agreement, and not the courts of the state of
California. The customer also agrees, as part of the required consideration,
that any cause of action is presumed to have arisen in the city and county of
this business or website, not in the state of California, unless the website is
located there, and not in the jurisdiction where the customer resides.
ARBITRATION
As part of the consideration
that the Sellers requires, Buyer agrees to use binding arbitration for any
claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort
or otherwise) arising out of or relating to this purchase, this product,
including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association which are in
effect on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of the Seller.
In no case shall the Buyer have
the right to go to court or have a jury trial. Buyer will not have the right to
engage in pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's decision will
be final and binding with limited rights of appeal.
The prevailing party shall be
reimbursed by the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation fees,
travel expenses.
JURISDICTION AND VENUE
If any matter concerning this
purchase shall be brought before a court of law, pre- or post-arbitration, Buyer
agrees to that the sole and proper jurisdiction to be the state and city
declared in the contact information of the web owner unless otherwise here
specified. In the event that litigation is in a federal court, the proper court
shall be the closest federal court to the Seller's address.
APPLICABLE LAW
Buyer agrees that the
applicable law to be applied shall, in all cases, be that of the state of the
Seller.
NOTICE
Buyer herewith agrees to
receive Notice of Changes, Litigation, Service of Process, Cancellation,
Termination, and Modification of service or product at the email address
provided to Seller on the ordering page. Further, Buyer agrees that the right
to contact Buyer concerning legal notice shall not be terminated by previously
submitted 'unsubscribed' notices and specifically agrees that any notification
to cease contact shall not be binding upon the Seller in regards to Notice of
Change, Litigation, Service of Process, Cancellation of Product or Service or
Membership or Subscription, Termination of a program, product or website, or
Modification of the terms of service or product. Additionally, the Buyer grants
Seller irrevocable right to contact him or her via mail or telephone concerning
any of these issues irrespective of other rights the Buyer has to sever contact
with Seller.
COSTS
The prevailing party to any
arbitration or litigation will be entitled to collect attorney fees and all
other costs of the arbitration or litigation, including filing fees,
investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot
be modified in any manner between the Seller and this Buyer unless modifications
are made in writing signed by both parties. However, the Seller may modify this
Purchase Agreement at any time for other Buyers without notice to the instant
Buyer.
ENFORCEABILITY OF
PROVISIONS
In the event that some
provisions, terms, conditions of the Purchase Agreement are held to be invalid
or unenforceable, the remainder of the provisions that are enforceable shall
control. Additionally, Buyer and Seller agree that, if any provision is found
to be invalid or unenforceable, the arbitrating panel will construe such
provision to the maximum extent that it might be found to be valid or
enforceable.
WAIVER OF BREACH
The Seller's waiver (failure to
enforce) any term of this agreement shall not be construed as a modification or
an amendment to this agreement or constitute a waiver of other breaches.
SELLER CONTACT
INFORMATION
The Seller of this product is:
Viral List Cash
1616 16th St. NW
Canton, Ohio 44703
support@viral-list-cash.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.
|
