PURCHASE AGREEMENT
THIS IS IMPORTANT -- PLEASE READ
WHEN
YOU COMPLETE YOUR PURCHASE, 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 I'm sure you’ll be happy that you
got it. In fact, I guarantee your satisfaction with my 30 day
no-hassle, no-questions-asked, 100% refund policy as described on my
website.
No matter what happens after you get this product,
you’ve got 30 days to examine it, use it, and try it. If
you’re not delighted, if you don't get the bartending job you're looking for, just ask for a refund.
The complete
agreement that follows is – well – designed by lawyers. It
lays out my rights and duties and your rights and duties as well as
various disclaimers and limitations of liability. But let’s cut
to the chase.
Whatever claims and promises are made in the
promotional materials or on my website – I honor them and
guarantee them with my no-questions-asked, full 30-day refund policy.
The legalese of this agreement is presented below.
Enjoy the read and...
Congratulations on your choice. I wish you a successful job hunt!
Sincerely,
Brian Williams
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 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.
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, 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 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.
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 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
LTD Marketing, LLC
http://www.getabartendingjob.com
15105-D John J Delaney Drive
Suite 208
Charlotte NC 28277
support@getabartendingjob.com.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.
Privacy Policy | Terms of Use | Contact Us
________________________________________
COPYRIGHT
AND LICENSE - This "Purchase Agreement" © 2003-2006 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 Terms of Use
on your website, contact support@internetlawcompliance.com for
licensing information.