- Purchase
Agreement
-
- Notice
-- Read This
-
- When you click the "I
accept" button at the bottom of this
document, you, the buyer, are claiming that
you have read, accepted, and fully understand
the terms of this agreement.
-
-
- 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, service
or membership referenced herein is sold with
a 90 day 'no questions asked' 100% money back
guarantee. If the product is other than an
e-product or digital product, the product
must be returned during the refund period to
the shipping address provided with the
product. The burden is on the Buyer to prove
that the product was in fact returned to that
address. Cancellation of a membership or
request for refund of a digital product
delivered over the internet must be noticed
to the contact address in this Purchase
Agreement. The Buyer understands that all
rights to view the product and all license or
resale rights terminate when the product is
returned for a refund. (Selling of a product
in which you have no ownership interest or
resale license rights is a crime as well as
breach of this agreement.) Giving the Buyer a
refund during the refund period is the full
and complete liability that the Seller of
this product, service or membership has to
the Buyer. Buyer agrees that the length of
the refund period is reasonable and further
agrees to examine, read, and try the product,
service or membership during the 90 day
refund period as a material consideration
required by the Seller as part of the
purchase price. Buyer further warrants that
he or she will make a determination during
the 90 day refund period if the product is as
described and to decide whether the Buyer
wishes to keep the product. If the Buyer does
not contact the Seller during the refund
period, Buyer agrees that the Seller may
construe silence as a full, complete and
final acceptance of the product, service or
membership with no further right of redress
or refund for any reason due the
Buyer.
-
- FURTHER DESCRIPTION
OF THE PRODUCT, SERVICE OR
MEMBERSHIP
-
- Buyer 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 Buyer 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.
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- 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 will 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, either express or implied, including no
warranty as to merchantability or fitness for
a particular purpose. The Seller warrants and
guarantees absolutely nothing. There is no
'warranty period.' There is a 90 day refund
period. Period.
-
- However, in the event
that the Buyer claims that the product is
defective, the sole remedy to the Buyer is to
accept a replacement product or a refund. The
period for the Buyer to determine if the
product is defective and request a
replacement or refund is 90 days from the
date of the order. During this 90 day period,
the Buyer may request and will receive a
refund for any reason. During this 90 day
period, Buyer may request a replacement
product in lieu of a refund but Seller is
under no obligation, for any reason, to do
anything more than refund the purchase price.
-
- 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 Buyer is
purchasing a membership in this site, the
terms of membership as specified in the
solicitation materials are
controlling.
-
- If the Buyer is
purchasing, through this site, a product,
including membership, that is to be provided
by a third party, the Buyer 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
-
- 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.
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- 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, subject only to the 90 day return
policy, without notice.
-
- Buyer understands that
the Seller may discontinue affiliate programs
under the terms of the affiliate
program.
-
- 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. PLACE FOR ADDING ADDRESS. 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:
-
- Laura Hess and Philip
Cohen
- eSPARCK Store
- Las Vegas,
Nevada
- Click
here to reach us by email
-
- FINAL
ACCEPTANCE
-
- By taking the
affirmative step of clicking the "I Accept"
button, or checking an Acceptance box, and
the 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.
-
- These forms are
copyrighted.
http://www.internet-law-compliance.com, Internet
Law Compliance © 2003 - 2004 Mining Gold
Corporation and IP Management, LLC and are
licensed for use by a single domain. Contact
support@internetlawcompliance.com for licenses
for multiple domains, which are available at a
very reasonable price.
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