Purchase Agreement
Notice -- Read This
WHEN YOU
COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE
READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE
OFFERED.
THIS AGREEMENT
IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN
RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER
CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS
PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND
WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT
THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR
SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL
NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF
AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS,
DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE
LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION
OF SALE.
PARTIES TO THIS
AGREEMENT AND DISCLAIMER
The parties to this agreement are the website
or its owners, hereafter "SELLER," and you, the prospective
purchaser, hereafter "BUYER". Persons or entities who are not
participants in this contract but who have an indirect relationship,
such as a supplier, joint venture partner, membership organization,
or sales affiliate, are herein described as "THIRD PARTY OR THIRD
PARTIES." The recipient of the product herein sold, where said
product is ordered by and paid for by someone other than the
recipient, is classified herein as if that recipient were the
ordering BUYER with the same rights, duties, and obligations as the
BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER
OF THIS PURCHASE AGREEMENT
The subject
matter of this agreement is a product, service, or membership
described in promotional or sales materials on this website and/or
in an email referencing this website, and said website and/or email
and its contents are incorporated herein by reference and made a
part hereof and constitute a complete description of the product,
service or membership that is the subject matter of this Purchase
Agreement. This bundle of offerings, including additional items
promoted on the order page, shall, together, be termed 'product'
throughout this agreement but the word 'product' shall mean all
elements offered in the sale, whether digital, dimensional, or other
license or right, and include all sales or promotional materials.
REFUND POLICY
The product
referenced herein is sold with no refund.
RIGHTS AND
OBLIGATIONS OF THE BUYER
The Buyer must
pay the full consideration for this product that the Seller requires
as the total price of the product. This consideration includes not
only the purchase price, but other obligations that the Buyer
accepts as well as potential rights the Buyer agrees to forego. By
accepting this Purchase Agreement, the Buyer agrees to receive
continuing follow-up contact from the Seller including email, mail,
newsletters, product updates, product recall notices, product
improvements, telephone calls from the Seller and/or telemarketing
organizations and/or pollsters for the purpose of solicitation
related to the instant product or any other product or service.
Buyer agrees to post-sale contact from joint venture partners of the
Seller or from others who have a commercial relationship with the
Seller. Buyer agrees that all personal information about the buyer
or his or her buying habits and preferences, including address and
phone number, may be placed in a general database and agrees that
this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever
contact with the Seller by notification using the 'unsubscribe' link
in solicitations. Moreover, the Buyer retains the right to refuse
specific contact with some third party solicitors and maintain it
with others. The Buyer retains the right to have his or her name
removed from a general solicitation database. The Buyer's agreement
to accept solicitation and contact may be reduced, enhanced, limited
or terminated by notification to anyone contacting the Buyer. The
burden is on the Buyer to prove that such communication was made to
and received by the person making contact. Buyer agrees that Seller
is not liable for communications made to the Buyer by parties
unrelated to this purchase even though referred by the Seller.
Buyer accepts full responsibility for limiting unsolicited contact
and Buyer understands that he retains all rights to directly
restrict communication or solicitation from any party including the
Seller.
The Buyer agrees
to allow the Seller to collect, store, and use for marketing
purposes all information collected from, provided by or otherwise
ascertained by electronic means from the Buyer. The Buyer,
specifically, and as part of the consideration paid for this
product, waives all right to access, retrieve, or control such
information except that the Buyer retains the right to restrict
contact as described previously.
The Buyer
understands that cookies may be placed on his or her hard drive that
will provide information to the Seller and which are necessary for
delivering an e-product and which will be able to determine if you
retain the right to access the product. Buyer understands that
these cookies or other computer codes will reside on the hard drive
and will communicate at times with the Seller's computer and thereby
transmit and receive information.
Buyers living in
locations that require custom duties and/or VAT taxes to be
collected understand that, unless custom duties are collected at the
point of sale by the Seller, the Buyer remains responsible for
payment of custom duties and taxes at the time the product is
received. If it should happen that the Seller's courier or freight
account is charged for custom duties and tax, instead of the Buyer
paying referenced charges, then the Buyer hereby authorizes the
Seller to bill the Buyer's credit card for said charges or for the
return of goods if they are refused at the point of destination.
CREDIT CARD
CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants
that he or she is over 18 years of age, not subject to the Child
Online Privacy Act, of legal age to enter into contractual
agreements in the state in which he is present when he makes this
purchase, and is the true and authorized owner of the credit card
used to make this purchase. Any Buyer who violates any of these
requirements may be liable for civil or criminal prosecution and
agrees to pay liquidated damages of an amount the equivalent of
US$10,000 per fraudulent transaction, plus actual damages, and
agrees that all information collected by this website may be used
for prosecution and may be turned over to law enforcement agencies
or to credit card companies and merchant service providers.
If the true
and/or authorized owner of the credit card attempts to commit fraud
upon the Seller, he authorizes each and every credit card company or
merchant service provider to disclose to the Seller all information
that could be construed as proof of credit card fraud.
Any Buyer who
attempts to perpetrate a fraud upon Seller involving the use of a
credit card herewith gives authorization for the Seller to access
all credit information about the Buyer from credit reporting
agencies and also authorizes the Seller to discover all relevant
information from any source about the fraudulent practices of the
Buyer and to reveal such information to credit reporting agencies,
credit card companies, merchant service providers, and law
enforcement agencies.
Buyer agrees
that if he uses trickery to receive more than one refund, or if he
causes a fraudulent dispute claim that results in a chargeback
against the Seller's account, that the Seller is authorized to
re-charge the Buyer's credit card that was used for the original
purchase to the extent that will make the Seller whole. Buyer
agrees to, in addition to actual damages, pay to the Seller
liquidated damages of an amount equivalent to US$10,000 for every
separate fraudulent action Buyer commits.
GUARANTEE AND
WARRANTY
This product is
sold 'as is' without warranty or guarantee of any kind.
ASSUMPTION OF
RISK
Buyer agrees to
accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's
person, the use of the product personally or in business, all taxes
and regulations applicable to this product, all legal compliance
issues related to this product. Buyer warrants an understanding
that the Seller is disclaiming all liability from harm of any kind
or nature caused directly or 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 without notice.
Buyer
understands that the Seller may discontinue customer service on a
product or service at any time without notice.
CALIFORNIA
RESIDENTS NOTE
You are entering
into a contract that may modify, restrict, or eliminate rights you
may have under the California Online Privacy Protection Act of 2003
(OPPA). Under the Privacy Policy and this Purchase Agreement you
waive any right to view or modify the content of our database. You
waive any right to force this business or website to divulge when or
to whom your information may have been provided to third parties.
In the event the website elects at its sole discretion to release
information to you, you must clearly identify yourself to the
website as the named customer who has previously purchased from the
website. We are doing this 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.
SELLER CONTACT INFORMATION
The Seller of
this product is:
Destiny Now, LLC
33006 7 Mile
Road Suite 423
Livonia, MI
48152
info@opportunitycreator.com
FINAL ACCEPTANCE
By taking the
affirmative step of purchasing of a product, service, or membership,
you, the Buyer, attest that you have fully read, understand, and
accept the terms of this Purchase Agreement contract, and warrant to
the Seller that said affirmative digital acceptance shall be deemed
to be the same as if you had affixed your signature to this Purchase
Agreement contract.
This “Purchase
Agreement” is copyrighted © 2003-2006 by
destiny Now, LLC (877) 262-0688, and is fully licensed for use by
this website.
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