| 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.
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. Other products may include
training videos and audio programs. 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'.
However, in the event that the Buyer claims that the product
is defective within 30 days, seller will refund the full purchase
price (minus shipping & handling) upon receipt of said
product, no questions asked.
If the Buyer is purchasing a membership in this site, he/she
may have a free trial period. If the Buyer does not cancel
before the free trial ends, the Buyer will be charged a monthly
subscription rate as quoted in the membership's publicity
materials. The Buyer may cancel his membership at any time
by contacting Vanessa Brown with the order number and order
date. The cancellation will be effective at the end of the
current billing cycle. Once cancelled, the Buyer can enoy
the remainder of the membership service up until the last
day of the current billing cycle.
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.
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 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 strategies.
Some people apply the principles herein and have quick success.
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.
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. There are
no refunds for membership plans.
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 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
International Centre for Dispute Resolution (ICDR) which are
in effect on the date a dispute is submitted to the International
Centre for Dispute Resolution (ICDR). 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.
FINAL ACCEPTANCE
By taking the affirmative step of clicking any order link
on this website, 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.
CONTACT INFORMATION
If there are any questions regarding these policies you may
contact us using the information below.
http://www.momsmakemoneyblogging.com
5397 Venetia St.
Herriman, Ut 84096
USA
Vanessa Brown
|
