WHEN
YOU COMPLETE YOUR PURCHASE, YOU,
THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY
UNDERSTAND THE
TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE
OFFERED.
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 referenced herein is sold
with no refund unless otherwise stated on the order page for the
particular
product.
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, DVD 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 may
be placed on his or her hard drive that will provide information to the
Seller
and which are necessary for delivering an e-product and which will be
able to
determine if you retain the right to access the product. Buyer understands that
these cookies or other
computer codes will reside on the hard drive and will communicate at
times with
the Seller's computer and thereby transmit and receive information.
Buyers
living in locations that require
custom duties and/or VAT taxes to be collected understand that, unless
custom
duties are collected at the point of sale by the Seller, the Buyer
remains
responsible for payment of custom duties and taxes at the time the
product is received. If
it should happen that the Seller's courier
or freight account is charged for custom duties and tax, instead of the
Buyer
paying referenced charges, then the Buyer hereby authorizes the Seller
to bill
the Buyer's credit card for said charges or for the return of goods if
they are
refused at the point of destination.
CREDIT
CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer
warrants that he or she is over
18 years of age, not subject to the Child Online Privacy Act, of legal
age to
enter into contractual agreements in the state in which he is present
when he
makes this purchase, and is the true and authorized owner of the credit
card
used to make this purchase. Any
Buyer
who violates any of these requirements may be liable for civil or
criminal
prosecution and agrees to pay liquidated damages of an amount the
equivalent of
US$10,000 per fraudulent transaction, plus actual damages, and agrees
that all
information collected by this website may be used for prosecution and
may be
turned over to law enforcement agencies or to credit card companies and
merchant service providers.
If
the true and/or authorized owner of
the credit card attempts to commit fraud upon the Seller, he authorizes
each
and every credit card company or merchant service provider to disclose
to the
Seller all information that could be construed as proof of credit card
fraud.
Any
Buyer who attempts to perpetrate a
fraud upon Seller involving the use of a credit card herewith gives
authorization for the Seller to access all credit information about the
Buyer
from credit reporting agencies and also authorizes the Seller to
discover all
relevant information from any source about the fraudulent practices of
the
Buyer and to reveal such information to credit reporting agencies,
credit card
companies, merchant service providers, and law enforcement agencies.
Buyer
agrees that if he uses trickery
to receive more than one refund, or if he causes a fraudulent dispute
claim
that results in a chargeback against the Seller's account, that the
Seller is
authorized to re-charge the Buyer's credit card that was used for the
original
purchase to the extent that will make the Seller whole.
Buyer agrees to, in addition to actual
damages, pay to the Seller liquidated damages of an amount equivalent
to
US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE
AND WARRANTY
This
product is sold 'as is' without
warranty or guarantee of any kind.
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 indirecty 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
without
notice.
Buyer
understands that the Seller may
discontinue customer service on a product or service at any time
without
notice.
CALIFORNIA
RESIDENTS NOTE
You
are entering into a contract that
may modify, restrict, or eliminate rights you may have under the
California
Online Privacy Protection Act of 2003 (OPPA).
Under the Privacy Policy and this Purchase Agreement you
waive any right
to view or modify the content of our database.
You waive any right to force this business or website to
divulge when or
to whom your information may have been provided to third parties. In the event the website
elects at its sole
discretion to release information to you, you must clearly identify
yourself to
the website as the named customer who has previously purchased from the
website. We are
doing this to protect
information being inadvertently provided to fake customers who may have
intentions to harm the real customer.
The required identifying information may include credit
card info,
social security numbers, notarized copies of state issued id, or other
id
sufficient to allow our counsel to feel comfortable about releasing
information
– in the event we elect to divulge it at all.
Additionally, this purchase agreement, as part of the
consideration
required to purchase from this website, requires that you agree to use
the 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 country and city
declared in
the contact information of the web owner. 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:
Anja Bolbjerg
doing business as www.strongskier.com
F-06360 EZE, FRANCE
FINAL
ACCEPTANCE
By
taking the affirmative step of
purchasing of a product, service, or membership, you, the Buyer, attest
that
you have fully read, understand, and accept the terms of this Purchase
Agreement contract, and warrant to the Seller that said affirmative
digital
acceptance shall be deemed to be the same as if you had affixed your
signature
to this Purchase Agreement contract.
This
“Purchase Agreement” is
copyrighted © 2003-2008 by
Mining Gold Corporation
and Nevada Processing Center, Inc, and is fully licensed for use by
this
website. If you
wish to lawfully use
this Purchase Agreement on your website, contact
support@internetlawcompliance.com for
licensing information or visit legal
documents website.. http://www.internetlawcompliance.com