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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 INCLUDE A ZERO REFUND POLICY.
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
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, UNLESS STIPULATED ELSEWHERE IN THE
OFFER.
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 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.
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
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,
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
The Seller of this product is:
Homeowners United, Inc.
http://www.ExcelRESoftware.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 ©
2003-2006 by Mining Gold Corporation and Nevada Processing Center,
Inc (888) 214-3349, 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
or visit
legal documents website..
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