Warranties, Disclaimers & Legal
Rights
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. 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 John Haley
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
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 strategies. Some folks
seemingly take to it like a duck to water and become immediately
successful. 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. Toronto, Ontario. 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.TheGoaliesMind.com
New Web Concepts
1271-A Washington St
Suite 248
Weymouth, MA 02189
John Haley |
