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Warranties,
Disclaimers & Legal Rights
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 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. 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.
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'.
However,
in the event that the Buyer claims that the product is
defective within 30 days, seller will refund the full purchase
price
(minus shipping & handling) upon receipt of said
product, no questions
asked.
If
the Buyer is purchasing a membership in this site, he/she may
have a free trial period. If the Buyer does not
cancel before
the free trial ends, the Buyer will be charged a monthly subscription
rate as
quoted in the membership's publicity materials. The
Buyer may cancel
his membership at any time by contacting Ed
Porter
with the email
address used to
make the purchase, order
number and order date. The cancellation will be effective at
the end of
the current billing cycle. Once cancelled, the Buyer
can enjoy
the remainder of the membership service up until the last day of the
current
billing cycle.
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.
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
plain
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 strategies. Some people seemingly take
to it like a
duck to water and become immediately successful. 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.
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. There are no refunds for membership
plans.
Where
this disclaimer and claims made in sales and promotional
materials or the product are in conflict, this Purchase Agreement shall
be
controlling except, and unless, the Seller deliberately misled the
Buyer or if
such construction would cause material inequity. The sole
burden is on
the Buyer to substantiate any deliberate deception. Buyer
accepts the
obligation to reimburse the Seller for all court costs, investigation
costs,
attorney fees, and all litigation-related costs in the event Buyer
brings suit
against the Seller and does not prevail in court or at arbitration.
No
warranties are made whatsoever about the amount of money, if
any, that Buyer will earn from this material or product or service and
Buyer
warrants an understanding that Buyer's only course of action is to test
this
product and material for the extent of the refund period and request a
refund
if Buyer is not satisfied prior to its expiration.
Buyer,
again, warrants an understanding that in any event, for any
reason, no matter the amount of damages claimed, as a material part of
the
consideration for purchase of this product, the maximum amount of
liability
shall be the purchase price of the product.
PRIVACY
POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's
website.
TERMS
OF USE ACCEPTED
Buyer
expressly accepts the Terms of Use of the Seller's website.
RIGHT
TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full
or
partial content of any and all communication with Buyer at the Seller's
sole
discretion.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that Buyer
causes by
using the product or information contained on this website that results
in a
damage award against the Seller.
RIGHT
TO STOP SELLING OR SERVICING
PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the
service,
the membership at any time, without notice.
Buyer
understands that the Seller may discontinue 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 International
Centre for Dispute Resolution (ICDR) which are in effect on the date a
dispute
is submitted to the International Centre for Dispute Resolution
(ICDR).
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. Toronto, Ontario.
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.
FINAL
ACCEPTANCE
By
taking the affirmative step of clicking any order link on this
website, 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.
CONTACT
INFORMATION
If there are any questions regarding these policies you may contact us
using
the information below.
http://www.BestSEOJob.com
6150 Shining Rock
Columbia MD 21045
USA
Ed
Porter
edporter@bestseojob.com
410-615-9194
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