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.
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'.
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
with the order number and order date. The
cancellation will be effective at the end of the current
billing cycle. Once cancelled, the Buyer
can enoy 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 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 strategies. Some folks
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.
PrivateLendersSecrets.com
c/o WealthClasses Inc
P.O.Box 41508
San Jose, CA 95160
USA
|