  |
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.HeritageRealtyServicesINC.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.
|