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 PRODUCT 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 Product 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 Product 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.

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.

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.