Purchase
Agreement
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
success!
Sincerely,
Our
Website
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 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 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 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
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.
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
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
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
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 ideas. Some folks
seemingly
take to it like a duck to water and can't stop imporving their climbing.
Nothing
promoted on this website should be construed as a 'Automatically climb
better program'.
The
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.
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 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
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
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 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.
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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:
Ryan
Coisson
doing
business as www.rock-climbing-for-life.com
P.O.
Box 22245
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.
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Policy]
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This
Purchase Agreement is used under license. The copyright is
owned
by Mining Gold Corporation and Nevada Processing
Center,
Inc. 2003-2007.