Notice -- Read This
YOU, THE LICENSEE , ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
Our software is a great product and service we’re sure you’ll be happy that you got it.
The complete agreement that follows is – well – designed by lawyers. It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability.
You are encouraged to read the following License/Purchase Agreement because its provisions may impact on you, especially the refund and cancellation policies.
Enjoy the read and –Congratulations on your choice.
We wish you every success wth your new membership site!
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE LICENSOR AND YOU, IN TURN, GIVE THE LICENSOR 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 LICENSOR.
YOU MUST ACCEPT THESE TERMS OR THE LICENSOR 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 LICENSOR 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 "Licensor," and you, the prospective purchaser, hereafter "Licensee". 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 Licensee with the same rights, duties, and obligations as the Licensee, 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.
Except as noted on the individual product or item description, no service or membership referenced herein is sold with any guarantee or refund privileges.
Just to make this more clear...because of the time and expenses in software set up and support there are no refunds for membership or service charges.
Note: Stand alone version Licensee's may be eligible for partial refund if requested within the first 30 days of order.
To cancel membership website and services, Licensee most notify Licensor 21 days in advance of cancellation by written notice by email or fax and must receive acknowledgement from Licensor that it was received for notice to be valid. All website or membership fees already scheduled for rebillling during the 21 day notice period will continue and no refunds of these or previous fees will be made.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Licensee warrants an understanding that the product, service or membership may actually be comprised of different elements. For example, a digital or so-called e-book may also come in CD or printed format, and that the digital product may also be part of a service or a membership. Additionally, the product, service or membership may come with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the Licensee has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.
RIGHTS AND OBLIGATIONS OF THE Licensee
The Licensee must pay the full consideration for this product that the Licensor requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Licensee accepts as well as potential rights the Licensee agrees to forego. By accepting this Purchase Agreement, the Licensee agrees to receive continuing follow-up contact from the Licensor including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Licensor and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service. Licensee agrees to post-sale contact from joint venture partners of the Licensor or from others who have a commercial relationship with the Licensor. Licensee agrees that all personal information about the Licensee 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, Licensee shall at all times be fully empowered to sever contact with the Licensor by notification using the 'unsubscribe' link in solicitations. Moreover, the Licensee retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Licensee retains the right to have his or her name removed from a general solicitation database. The Licensee's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Licensee. The burden is on the Licensee to prove that such communication was made to and received by the person making contact. Licensee agrees that Licensor is not liable for communications made to the Licensee by parties unrelated to this purchase even though referred by the Licensor. Licensee accepts full responsibility for limiting unsolicited contact and Licensee understands that he retains all rights to directly restrict communication or solicitation from any party including the Licensor.
The Licensee agrees to allow the Licensor to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Licensee. The Licensee, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Licensee retains the right to restrict contact as described previously.
The Licensee understands that cookies will be placed on his or her hard drive that will provide information to the Licensor 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. Licensee understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Licensor's computer and thereby transmit and receive information.
Licensees 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 Licensor, the Licensee remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Licensor's courier or freight account is charged for custom duties and tax, instead of the Licensee paying referenced charges, then the Licensee hereby authorizes the Licensor to bill the Licensee'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
Licensee 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 Licensee 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 Licensor, he authorizes each and every credit card company or merchant service provider to disclose to the Licensor all information that could be construed as proof of credit card fraud.
Any Licensee who attempts to perpetrate a fraud upon Licensor involving the use of a credit card herewith gives authorization for the Licensor to access all credit information about the Licensee from credit reporting agencies and also authorizes the Licensor to discover all relevant information from any source about the fraudulent practices of the Licensee and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Licensee 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 Licensor's account, that the Licensor is authorized to re-charge the Licensee's credit card that was used for the original purchase to the extent that will make the Licensor whole. Licensee agrees to, in addition to actual damages, pay to the Licensor liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Licensee commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Licensor warrants and guarantees absolutely nothing. There is no 'warranty period.'
However, in the event that the Licensee claims that the product is defective, the sole remedy to the Licensee is to accept a replacement product. The period for the Licensee to determine if the product is defective is 30 days from the date of the order. If the sales or promotional material conflict with this "as is" warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.
If the Licensee is purchasing a membership in this site, the terms of membership as specified in the solicitation materials are controlling.
If the Licensee is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Licensee must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.
ASSUMPTION OF RISK
Licensee agrees to accept all risk associated with the use of this product, including but not limited to, 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. Licensee warrants an understanding that the Licensor is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product. Licensee 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
Licensee warrants an understanding, as required consideration, that the Licensor of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Licensee alone accepts full responsibility for allowing others to use this product. Licensee understands that Licensor 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 Licensee.
Licensee 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 Licensor or Third Parties.
Licensee 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 Licensor's liability shall be an amount no greater than the purchase price of the product.
Licensee agrees and understands that, Licensor, specifically but not exclusively, disclaims liability for all damage to Licensee's person or business by using this product, including harm to Licensee's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Licensor disclaims liability for Licensee's interaction with Third Party soliciting agents who were provided 'leads' by the Licensor. Licensor disclaims liability for Licensee's interactions with advertisers on the site. Licensor disclaims liability for Licensee's interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Licensee agrees that the Licensor's total liability, even for erroneous product content that causes damage to the Licensee, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Licensee agrees that the Licensor's total liability, even from harm caused to the Licensee 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
Licensee agrees that the Licensor'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
Licensee 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 Licensor about its own experience with the product.
However, Licensee cannot simply rely on these statements as being duplicable by Licensee 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 Licensee is buying to learn how to make money or products that Licensee 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 Licensee 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 Licensee 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 Licensee may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Licensee directed toward his or her goals.
If the product Licensee 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, Licensee hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Licensee and that the refund of the purchase price (subject to the return of the product to the Licensor) is the full remedy for any Licensee who feels the product did not deliver the results claimed.
If the product Licensee 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 Licensee has a right to terminate the membership or ‘plan’ upon notice to the Licensor. 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 Licensor deliberately misled the Licensee or if such construction would cause material inequity. The sole burden is on the Licensee to substantiate any deliberate deception. Licensee accepts the obligation to reimburse the Licensor for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Licensee brings suit against the Licensor and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Licensee will earn from this material or product or service and Licensee warrants an understanding that Licensee's only course of action is to test this product and material for the extent of the refund period and request a refund if Licensee is not satisfied prior to its expiration.
Licensee, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.
RIGHT TO PUBLISH SUBMISSIONS
Licensee agrees that Licensor may publish for commercial purposes the full or partial content of any and all communication with Licensee at the Licensor's sole discretion.
Licensee agrees to indemnify Licensor for any and all damage that Licensee causes by using the product or information contained on this website that results in a damage award against the Licensor.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Licensee agrees that Licensor has the right to discontinue the product, the service, the membership at any time, without a refund or without notice.
Licensee understands that the Licensor may discontinue affiliate programs under the terms of the affiliate program.
Licensee understands that the Licensor may discontinue customer service on a product or service at any time without notice.
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 Licensor.
In no case shall the Licensee have the right to go to court or have a jury trial. Licensee 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, Licensee 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. NAPA, CALIFORNIA. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Licensor's address.
Licensee agrees that the applicable law to be applied shall, in all cases, be that of the state of the Licensor.
Licensee 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 Licensor on the ordering page. Further, Licensee agrees that the right to contact Licensee 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 Licensor 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 Licensee grants Licensor irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Licensee has to sever contact with Licensor.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Purchase Agreement cannot be modified in any manner between the Licensor and this Licensee unless modifications are made in writing signed by both parties. However, the Licensor may modify this Purchase Agreement at any time for other Licensees without notice to the instant Licensee.
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, Licensee and Licensor 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 Licensor'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.
Licensor CONTACT INFORMATION
The Licensor of this product is:
DBA: Ruiz and Associates
3377 Solano Ave
Napa, CA 94558
Bu reading this notice and the purchasing of a product, service, or membership, you, the Licensee, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Licensor that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
These forms are copyrighted. Internet Law Compliance © 2003 Mining Gold Corporation and IP Management, LLC and are licensed for use by a single domain. Contact firstname.lastname@example.org for licenses for multiple domains, which are available at a very reasonable price.