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
Dear Valued Customer,
This is a great product and we’re sure you’ll be happy that you got it.
The complete agreement that follows lays out our right and duties and your
rights and duties as well as various disclaimers and limitations of liability.
Sincerely,
Janice Bird
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.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
Buyer warrants an understanding the product, service or member ship may be
comprised of different elements such as bonuses. Buyer has no license,
permission or right to duplicate or sell this product and its different elements
in any form or to sell or distribute it whether or not for profit to any person
or entity for any reason.
BUYER WARRANTS AN UNDERSTANDING THAT THIS BOOK IS ABOUT INFORMATION–NOT
ADVICE
The author does not dispense medical advice or prescribe any technique or method
as a form of treatment for any physical, mental or medical problem either
directly or indirectly. The intention of the author is to introduce information
of a general nature and to document the results of interviews and research. It
is your constitutional right to use any of the information in the book and in
the event you do so, the author of this book shall have neither liability nor
responsibility to any person, being or object with respect to any mishap or
damage or alleged mishap or damage as to be caused directly or indirectly by the
information contained in this book.
THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING MEDICAL, ESTHETIC OR OTHER PROFESSIONAL CALLING. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS
The author accepts no responsibility for your use of this information. The Buyer
assumes all risk if Buyer uses this information without benefit of Buyer’s own
professional and medical counsel.
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.
GUARANTEE AND WARRANTY
. ClickBank will, at its discretion, allow for the return or
replacement of any defective product within 60 days from the date of purchase.
This product is sold 'as is' without warranty or guarantee of any kind, either
expressed or implied
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', IN SALES AND PROMOTIONAL
MATERIALS OR PRODUCT
If claims about results from using 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 and never read it or attempt to implement any of the
ideas. Some folks seemingly take to it like a duck to water and can't stop
getting results. Nothing promoted on this website should be construed as a 'Get
larger breasts quick' scheme. The products Buyer is buying to learn how to
enhance and enlarge the breasts, have all had results. The testimonials and
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. 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.
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.
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 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:
Total Body Concepts of Utah, LC
PO Box 540048
NSL, Utah 84054-0048
support@simplynaturalbreasts.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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