Important Notice Please Read
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-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 60 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. But let’s cut to the chase.
Whatever claims and promises are made in the
promotional materials or on our website – we honor
them and we guarantee them with our no-questionsasked,
full 60-day refund policy.
The legalese of this agreement is presented below.
Enjoy the read and –
Congratulations on your choice. We wish you every
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
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 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.
The product, service or membership referenced herein is sold with a
60 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
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 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 60 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
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
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 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
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.
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. Buyer
agrees to, in addition to actual damages, liquidated damages of an
amount equivalent to US$10,000 for every separate fraudulent action
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 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 60 days
from the date of the order. During this 60 day period, the Buyer may
request and will receive a refund for any reason. During this 60 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 indirectly 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
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
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
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
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 ideas. Some folks
seemingly take to it like a duck to water and can't stop imporving their climbing.
promoted on this website should be construed as a 'Automatically climb
products Buyer is buying to learn how to improve their climbing
or products that Buyer is buying to re-sell, have all been
proven make you a better climber. The testimonials and 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 climbing is not terrible work and it can produce very good results
if Buyer is willing to learn his or her craft and work at it
steadily. Even part-time efforts may bring in climbing improvement 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 results, if
any, that Buyer will make 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.
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.
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
Buyer agrees that Seller has the right to discontinue the product, the
service, the membership at any time, subject only to the 60 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
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 from 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
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.
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,
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 that the sole and proper
jurisdiction to be the state and city declared in the contact information
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
Buyer agrees that the applicable law to be applied shall, in all cases,
be that of the state of the Seller.
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.
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.
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
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:
doing business as www.rock-climbing-for-life.com
P.O. Box 25109Houston, TX 77265
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.
This Purchase Agreement is used under license. The copyright is
owned by Mining Gold Corporation and Nevada Processing
Center, Inc. 2003-2007.