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Purchase Agreement
-- Important Please Read -- |
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Notice
WHEN YOU COMPLETE YOUR PURCHASE,
YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED,
AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
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 a 30 day money back guarantee.
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' with
a 30 day money back guarantee and warranty.
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 indirecty
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 to 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:
SoulStar Discovery for Women Inc.
392 Bracewood Drive
Calgary, AB T2W 3C7
support@soulstardiscovery.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 © 2003-2007 by Mining Gold Corporation and
Nevada Processing Center, Inc. (888) 214-3349, and
is fully licensed for use by this website. If you
wish to lawfully use this Terms of Use on your website,
contact support@internetlawcompliance.com
for licensing information or
visit
legal documents website. |
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©Copyright
2006-2008 SoulStar Discovery For Women Inc. All Rights
Reserved.
By entering, you agree to the terms and conditions found here. |
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