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PURCHASE
AGREEMENT
www.InstantGuruSystem.com
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 60 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 60 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 60 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 60
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.InstantGuruSystem.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 60 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 60 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 60 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 60 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 60 days from the date of the order.
During this 60 days period, the Buyer may request and will receive a
refund for any reason. During this 60 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 60 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.
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