PURCHASE AGREEMENT
NOTICE -- READ THIS
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 our 56 days no-hassle, no-questions-asked, refund
policy as described in this purchase agreement.
No matter what happens after you get this product,
you've got 56 days to examine it, use it, and try
it. If you're not delighted, just ask for a refund.
Handling and shipping fees are non refundable.
Please note - in case the refund was requested 56
days or more after the purchase date, any costs and
fees related to the specific purchase, such as commissions
to affiliates etc...will be deducted from the 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 56 days 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.TAKEACTIONSEO.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 56 days 'no questions asked' 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 56 days 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
56 days 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 56 days 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 56
days from the date of the order. During this 56 days
period, the Buyer may request and will receive a refund
for any reason. During this 56 days 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. 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,
subject only to the 56 days 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 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.