| 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.THECLICKBANKCODE.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.
SELLER CONTACT INFORMATION
The Seller of this product is:
Inex Ventures, Inc.
Rue Arnold Winkelried 8
Case Postale 1385
Geneve 1, 1211
Switzerland
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or
checking an Acceptance box, and the purchasing of a product, service, or
membership, you, the Buyer, attest that you have fully read, understand,
and accept the terms of this Purchase Agreement contract, and warrant to
the Seller that said affirmative digital acceptance shall be deemed to
be the same as if you had affixed your signature to this Purchase Agreement
contract.
This "Purchase Agreement" is copyrighted 2003-2009 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 this website |
