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Purchase Agreement
Notice -- Read
This
WHEN YOU CLICK THE "I ACCEPT" BUTTON AT THE BOTTOM OF
THIS DOCUMENT, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ,
ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
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Dear Valued Customer--
This is a great hosting service and we’re sure
you’ll be happy that you got it. In fact, we guarantee your
satisfaction with our 30 day no-hassle, no-questions-asked,
100% refund policy as described on our website.
No matter what happens after you get this product, you’ve
got 30 days to examine it, use it, and try it. If you’re not
delighted, just ask for a 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 30 day refund policy.
The legalese of this agreement is presented below. Enjoy
the read and –
Congratulations on your choice. We wish you every success!
Sincerely,
DMB Hosting |
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 30 day 'no questions
asked' 100% 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 30 day
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 30 day 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 30 day 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 30 days from the date of the order. During this 30 day
period, the Buyer may request and will receive a refund for any
reason. During this 30 day 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.
USER AGREEMENT ACCEPTED
Buyer expressly
accepts the User Agreement 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 30 day 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. PLACE
FOR ADDING ADDRESS. 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:
DMB Consulting, LLC
21 Braemar Drive
Suite
621
Cheshire, CT 06410
sales@dmbhosting.com
FINAL ACCEPTANCE
By taking the affirmative
step of clicking the "I Accept" button, or checking an Acceptance
box, and the purchasing of a product, service, or membership, you,
the Buyer, attest that you have fully read, understand, and accept
the terms of this Purchase Agreement contract, and warrant to the
Seller that said affirmative digital acceptance shall be deemed to
be the same as if you had affixed your signature to this Purchase
Agreement contract.
COPYRIGHT AND LICENSE This "Purchase
Agreement" is copyrighted © 2003-2006 by Mining Gold Corporation and
and Nevada Processing Center, Inc (888) 214-3349, and is fully
licensed for use by this website. If you wish to lawfully use this
"Purchase Agreement" on your website, contact Mining Gold for licensing information
or this website. |