Purchase Agreement
WHEN YOU CLICK
THE "I ACCEPT" BUTTON AT THE BOTTOM
OF THIS DOCUMENT, 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 we're sure you’ll be happy that you
got it. In fact, we
guarantee your satisfaction with my 60 day no-hassle,
no-questions-asked, 100%
refund policy as described on our website.
No
matter what happens after you get this product, you’ve got 60
days to examine
it, use it, and try it. If
you’re not
delighted, just ask for a refund.
The
complete agreement that follows is – well –
designed by lawyers. It
lays out our rights and duties and your
rights and duties as well as various disclaimers and limitations of
liability. You are
encouraged to read
the following Purchase Agreement because its provisions may impact on
you but
you can be assured that whatever claims and promises are made in plain
English
in the promotional materials or on our website – we honor
them and we guarantee
them with our no-questions-asked, full 60 day refund policy.
The
legalese of this agreement is presented below.
Enjoy the read and –
Congratulations
on your choice. We
wish you every
success!
Sincerely,
www.LoveReturned.com
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 60 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 60 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 60 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.
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.
Additionally, the product, service or membership may come
with the right
to sub-license or re-sell the product.
However, unless specified in the sales and promotional
materials and
unless all conditions are met, 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.' There is a
60 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
60 days from the date of the order.
During
this 60 day period, the Buyer may request and will receive a refund for
any
reason. During this
60 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.
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, subject only to the
60 day
return policy, 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
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 city and country 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 country 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:
Amanda Rippon
doing business
as www.lovereturned.com
info@lovereturned.com
FINAL
ACCEPTANCE
By taking the
affirmative step of clicking the "I
Accept" button, or checking an Acceptance box, 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.
This
“Purchase Agreement” is copyrighted © 2003-2006 by Mining Gold
Corporation and 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 this website.