Purchase Agreement
Notice -- Read This
"NOTICE. CAREFULLY READ THIS
PURCHASE AGREEMENT.
WHEN YOU CLICK ON THE 'BUY NOW' BUTTON YOU ARE CLAIMING THAT YOU HAVE
READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU
HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
WHICH INCLUDES A
90 DAY MONEY BACK GUARANTEE.
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. The term CD
refers to "STOP SMOKING FAST PASS" Audio CD which may also be termed
product.
REFUND POLICY
The
product, service or membership referenced herein is sold with a 90 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 90
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 90 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.
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,
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 90 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 90
days from the date of the order. During this 90 day period, the Buyer
may request and will receive a refund for any reason. During this 90 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 indirectly 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 quit smoking and, in fact,
do not quit smoking. Some people buy this product and never use it or
do not
use it as intended. Some folks seemingly take to it like a duck to
water and stop smoking straight away. Nothing promoted on this website
should be construed as a “Quick fix”. The products Buyer is buying to
quit smoking or products that Buyer is buying to re-sell, have all been
proven to be successful. The results 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. Even part-time efforts may
bring in results. But it requires commitment that the Buyer may not be
able to implement 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.
MEDICAL
DISCLAIMER
Buyer
understands that the Hypnosis session on the CD only provides habit
correction by relaxation and suggestion and should not be considered a form of medical
treatment, therapy or cure and is therefore not a medical device. The
Buyer understands that if they suffer from any form of epilepsy,
depression, other psychiatric conditions or anything that the buyer has
medical concerns about (when using this product), they must seek advice
from a licensed health care professional. No liability is accepted by
the seller for any medical harm that may be caused by use of the
technique used in this product. In the unlikely event that the Buyer
suffers any health effects such as nausea, headaches, disorientation or
any health related problems that they feel may be a result of usage from
the CD, then they must cease usage immediately. The Buyer Also agrees
not to Play the CD on a continuous loop and leave at least five hours
between each listening session, listening to the CD track a maximum of
once per session. The Buyer agrees not to use the CD whilst driving or
operating machinery. The Buyer also accepts that this product is not approved by the
FDA (U.S.) or the MHRA (U.K.).
USE DURING
PREGNANCY OR NURSING
Buyer
understands although hypnosis (habit correction via relaxation and
suggestion) poses very little risk during
pregnancy, the seller accepts no liability for harm caused by this
CD during pregnancy or nursing. Usage during pregnancy or nursing is only advised after
consulting a licensed health care professional. This also applies to the
free bonus content.
ENVIRONMENTAL SAFETY DISCLAIMER
Buyer
understands that during the session they will be in a relaxed state and
although still in a wakened state, activity may occur in the surrounding
environment that may have been acknowledged had the Buyer not been using
the CD. It is entirely the Buyer's responsibility to ensure the
safety and security of their environment whilst using this CD. As
the Seller accepts no liability for environmental activity/consequences
whist using this CD. The Buyer accepts that headphones/earphones are
recommended for use with this product but the headphone/earphone leads
do carry possible risks of entanglement to the user, the Buyer
understands that the Seller accepts no liability for any injuries caused
by headphone/earphone leads no matter how severe.
FREE BONUS PRODUCTS
All Terms in this purchase agreement, also apply to all the free bonus
content acquired after purchase of the product. The buyer may however
keep the bonus contents even if a refund has taken place. Again all the
bonus content is for information only and should not be considered medical
advice.
The Buyer understands that if
they suffer from any form of epilepsy, depression, other psychiatric
conditions or anything that the buyer has medical concerns about (when
putting these bonus products into practice), they must seek advice from
a licensed health care professional.
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 to 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 UK
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 UK Arbitration which are in effect on the date a dispute is
submitted to the UK Arbitration Association. Information on UK arbitration
can be found at this website http://www.opsi.gov.uk/acts/acts1996/ukpga_19960023_en_1. 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 “BOURNMOUTH, DORSET, UNITED
KINGDOM” unless otherwise here specified. In the event that litigation
is in a federal court, the proper court shall be the closest UK county
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:
Daniel Burrows
contact@skyboundpublishing.co.uk
Daniel Burrows
Suite 3888
Slington House
Rankine Road
BASINGSTOKE
RG24 8PH
UNITED KINGDOM
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 ©
2009 Rione X IP Group LLC and is fully licensed for use by this
website. If you wish to lawfully use this Purchase Agreement on your
website, visit our website at
http://www.internetlawcompliance.com.
