Legal Rights Policy/ Purchase Agreement
-- IMPORTANT -- PLEASE READ
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.
Dear Valued Customer--
This is a great product and we’re sure you’ll
be happy that you got it. In fact, we guarantee your satisfaction
with our 56 day no-hassle, no-questions-asked, 100% refund
policy as described on our website.
No matter what happens after you get this product, you’ve
got 56 days to examine it, use it, and try it. If you’re
not delighted, just ask for a refund.
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
Purchase Agreement because its provisions may impact on you
but you can be assured that whatever claims and promises are
made in plain English in the promotional materials or on our
website – we honor them and we guarantee them with our
no-questions-asked, full 56 day refund policy.
The legalese of this agreement is presented below. Enjoy
the read and –
Congratulations on your choice. We wish you every success!
The Public Domain Expert
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
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
The product, service or membership referenced herein
is sold with a 30 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 30 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 30
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.
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 30 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 30 days from the date of the order. During this 30 day period,
the Buyer may request and will receive a refund for any reason.
During this 30 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
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
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
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
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME
CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS
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
of 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.
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 30 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
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.
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
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
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
Buyer agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Seller.
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.
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 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:
14 N. Main St., Suite 401
Chambersburg, PA 17201
By taking the affirmative step of clicking the "I
Accept" button, 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 email@example.com for licenses for multiple
domains, which are available at a very reasonable price.
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© Copyright 2008. Tony Laidig.
All Rights Reserved.
Address: The Public Domain Expert,
14 N. Main St., Suite 401, Chambersburg, PA 17201