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
Hopkins Enterprises
403 Ferndale
Carlsbad, New Mexico 88220, USA
hopkinsents@mywdo.com
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product, service, or
membership, you, the Buyer, attest that you have fully read,
understand, and accept the terms of this Purchase Agreement contract, and
warrant to the Seller that said affirmative digital
acceptance shall be deemed to be the same as if you had affixed your signature
to this Purchase Agreement contract.
This “Purchase Agreement” is copyrighted © 2003-2008 by Mining Gold Corporation
and Nevada Processing Center, Inc,
and is fully licensed for use by this website. If you wish to lawfully use this
Purchase Agreement on your website, contact
support@internetlawcompliance.com for licensing information or visit legal
documents website.
http://www.internetlawcompliance.com