PURCHASE AGREEMENT
NOTICE -- READ THIS
WHEN YOU CLICK THE "I ACCEPT" BUTTON AT THE
BOTTOM OF THIS DOCUMENT, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY
UNDERSTAND THE TERMS OF THIS AGREEMENT.
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 days no-hassle,
no-questions-asked, refund policy as described in
this purchase agreement.
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.
Handling and shipping fees are non refundable.
Please note - in case the refund was requested 60
days or more after the purchase date, any costs and
fees related to the specific purchase, such as
commissions to affiliates etc...will be deducted
from the refund.
The complete agreement that follows is - well -
designed by lawyers. It lays out our rights and
duties and your rights and duties as well as various
disclaimers and limitations of liability. You are
encouraged to read the following Purchase Agreement
because its provisions may impact on you but you can
be assured that whatever claims and promises are
made in plain English in the promotional materials
or on our website - we honor them and we guarantee
them with our no-questions-asked, full 60 days
refund policy.
The legalese of this agreement is presented
below. Enjoy the read and -
Congratulations on your choice. We wish you every
success!
Sincerely,
WWW.THECBASSASSIN.COM
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE
CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE
SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN
RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS
PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS
ABOUT REFUND AND WARRANTY AND THAT LIMIT THE
LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL
NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT,
SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL
NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT
AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND
LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF
THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES
FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or
its owners, hereafter "SELLER," and you, the
prospective purchaser, hereafter "BUYER". Persons or
entities who are not participants in this contract
but who have an indirect relationship, such as a
supplier, joint venture partner, membership
organization, or sales affiliate, are herein
described as "THIRD PARTY OR THIRD PARTIES." The
recipient of the product herein sold, where said
product is ordered by and paid for by someone other
than the recipient, is classified herein as if that
recipient were the ordering BUYER with the same
rights, duties, and obligations as the BUYER, but
may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a
product, service, or membership described in
promotional or sales materials on this website
and/or in an email referencing this website, and
said website and/or email and its contents are
incorporated herein by reference and made a part
hereof and constitute a complete description of the
product, service or membership that is the subject
matter of this Purchase Agreement. This bundle of
offerings, including additional items promoted on
the order page, shall, together, be termed 'product'
throughout this agreement but the word 'product'
shall mean all elements offered in the sale, whether
digital, dimensional, or other license or right, and
include all sales or promotional materials.
REFUND POLICY
The product, service or membership referenced
herein is sold with a 60 days 'no questions asked'
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 days
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 days refund period if
the product is as described and to decide whether
the Buyer wishes to keep the product. If the Buyer
does not contact the Seller during the refund
period, Buyer agrees that the Seller may construe
silence as a full, complete and final acceptance of
the product, service or membership with no further
right of redress or refund for any reason due the
Buyer.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR
MEMBERSHIP
Buyer warrants an understanding that the product,
service or membership may actually be comprised of
different elements. For example, a digital or
so-called e-book may also come in CD or printed
format, and that the digital product may also be
part of a service or a membership. Additionally, the
product, service or membership may come with the
right to sub-license or re-sell the product.
However, unless specified in the sales and
promotional materials and unless all conditions are
met, the Buyer has no license, permission or right
to duplicated or sell this product in any form or to
sell it or distribute it whether for profit or not
to any person for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for
this product that the Seller requires as the total
price of the product. This consideration includes
not only the purchase price, but other obligations
that the Buyer accepts as well as potential rights
the Buyer agrees to forego. By accepting this
Purchase Agreement, the Buyer agrees to receive
continuing follow-up contact from the Seller
including email, mail, newsletters, product updates,
product recall notices, product improvements,
telephone calls from the Seller and/or telemarketing
organizations and/or pollsters for the purpose of
solicitation related to the instant product or any
other product or service. Buyer agrees to post-sale
contact from joint venture partners of the Seller or
from others who have a commercial relationship with
the Seller. Buyer agrees that all personal
information about the buyer or his or her buying
habits and preferences, including address and phone
number, may be placed in a general database and
agrees that this information may be shared, rented
or sold to third parties. However, Buyer shall at
all times be fully empowered to sever contact with
the Seller by notification using the 'unsubscribe'
link in solicitations. Moreover, the Buyer retains
the right to refuse specific contact with some third
party solicitors and maintain it with others. The
Buyer retains the right to have his or her name
removed from a general solicitation database. The
Buyer's agreement to accept solicitation and contact
may be reduced, enhanced, limited or terminated by
notification to anyone contacting the Buyer. The
burden is on the Buyer to prove that such
communication was made to and received by the person
making contact. Buyer agrees that Seller is not
liable for communications made to the Buyer by
parties unrelated to this purchase even though
referred by the Seller. Buyer accepts full
responsibility for limiting unsolicited contact and
Buyer understands that he retains all rights to
directly restrict communication or solicitation from
any party including the Seller.
The Buyer agrees to allow the Seller to collect,
store, and use for marketing purposes all
information collected from, provided by or otherwise
ascertained by electronic means from the Buyer. The
Buyer, specifically, and as part of the
consideration paid for this product, waives all
right to access, retrieve, or control such
information except that the Buyer retains the right
to restrict contact as described previously.
The Buyer understands that cookies will be placed
on his or her hard drive that will provide
information to the Seller and which are necessary
for delivering an e-product and which will be able
to determine if you retain the right to access the
product. Buyer understands that these cookies or
other computer codes will reside on the hard drive
and will communicate at times with the Seller's
computer and thereby transmit and receive
information.
Buyers living in locations that require custom
duties and/or VAT taxes to be collected understand
that, unless custom duties are collected at the
point of sale by the Seller, the Buyer remains
responsible for payment of custom duties and taxes
at the time the product is received. If it should
happen that the Seller's courier or freight account
is charged for custom duties and tax, instead of the
Buyer paying referenced charges, then the Buyer
hereby authorizes the Seller to bill the Buyer's
credit card for said charges or for the return of
goods if they are refused at the point of
destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD
PENALTIES
Buyer warrants that he or she is over 18 years of
age, not subject to the Child Online Privacy Act, of
legal age to enter into contractual agreements in
the state in which he is present when he makes this
purchase, and is the true and authorized owner of
the credit card used to make this purchase. Any
Buyer who violates any of these requirements may be
liable for civil or criminal prosecution and agrees
to pay liquidated damages of an amount the
equivalent of US$10,000 per fraudulent transaction,
plus actual damages, and agrees that all information
collected by this website may be used for
prosecution and may be turned over to law
enforcement agencies or to credit card companies and
merchant service providers.
If the true and/or authorized owner of the credit
card attempts to commit fraud upon the Seller, he
authorizes each and every credit card company or
merchant service provider to disclose to the Seller
all information that could be construed as proof of
credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon
Seller involving the use of a credit card herewith
gives authorization for the Seller to access all
credit information about the Buyer from credit
reporting agencies and also authorizes the Seller to
discover all relevant information from any source
about the fraudulent practices of the Buyer and to
reveal such information to credit reporting
agencies, credit card companies, merchant service
providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive
more than one refund, or if he causes a fraudulent
dispute claim that results in a chargeback against
the Seller's account, that the Seller is authorized
to re-charge the Buyer's credit card that was used
for the original purchase to the extent that will
make the Seller whole. Buyer agrees to, in addition
to actual damages, pay to the Seller liquidated
damages of an amount equivalent to US$10,000 for
every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or
guarantee of any kind, either express or implied,
including no warranty as to merchantability or
fitness for a particular purpose. The Seller
warrants and guarantees absolutely nothing. There is
no 'warranty period.' There is a 60 days 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 days period, the Buyer may request and will
receive a refund for any reason. During this 60 days
period, Buyer may request a replacement product in
lieu of a refund but Seller is under no obligation,
for any reason, to do anything more than refund the
purchase price.
If the sales or promotional material conflict
with this "as is" warranty, then the sales and
promotional material are herewith incorporated and
shall be controlling. However, in no case, shall the
warranty period be construed to be longer than the
refund period.
If the Buyer is purchasing a membership in this
site, the terms of membership as specified in the
solicitation materials are controlling.
If the Buyer is purchasing, through this site, a
product, including membership, that is to be
provided by a third party, the Buyer must look to
the third party for additional warranties or
guarantees, and understands that the warranties
available through this site, if any are offered or
construed, are extremely limited, restrictive, and
short.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with
the use of this product, including but not limited
to, ingestion of or application to Buyer's person,
the use of the product personally or in business,
all taxes and regulations applicable to this
product, all legal compliance issues related to this
product. Buyer warrants an understanding that the
Seller is disclaiming all liability from harm of any
kind or nature caused directly or indirect from this
product. Buyer agrees, as part of the consideration
required to purchase this product, to carefully
review and test this product during the refund
period and to immediately request a refund if the
product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required
consideration, that the Seller of this product
disclaims all liability for the product or damages
resulting from use or installation or reliance upon
this product for any reason. Buyer alone accepts
full responsibility for allowing others to use this
product. Buyer understands that Seller disclaims
liability for any information contained in sales or
promotional materials or the product itself that is
unintentionally misleading or incorrect that might
cause damage to Buyer.
Buyer expressly waives any and all claims for
consequential, speculative, and unforeseeable
damages resulting from the purchase or use of this
product or from subsequent contact with Seller or
Third Parties.
Buyer expressly agrees that no matter what may
happen because of his or her purchase of this
product, or no matter what damage may be allegedly
or actually caused by the use of this product, or no
matter the harm or damage that may result directly
or indirectly from the purchase of this product, for
any reason whatsoever, that the absolute maximum
extent of Seller's liability shall be an amount no
greater than the purchase price of the product.
Buyer agrees and understands that, Seller,
specifically but not exclusively, disclaims
liability for all damage to Buyer's person or
business by using this product, including harm to
buyer's computer hardware or software from worms,
viruses, or other defects in the product or computer
codes that cause harm. Seller disclaims liability
for Buyer's interaction with Third Party soliciting
agents who were provided 'leads' by the Seller.
Seller disclaims liability for Buyer's interactions
with advertisers on the site. Seller disclaims
liability for Buyer's interaction with other
visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT
CONTENT
Buyer agrees that the Seller's total liability,
even for erroneous product content that causes
damage to the Buyer, shall be limited to the
purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE
PRODUCT
Buyer agrees that the Seller's total liability,
even from harm caused to the Buyer or to others from
use of the product, shall be limited to the purchase
price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES
OF ANY KIND
Buyer agrees that the Seller's total liability,
for any other injury, harm, or tort of any kind,
whether foreseeable or unforeseeable, shall be
limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow
limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS',
'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND
PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product
or if claims about income or earnings resulting from
the use of this product are made, such claims are
true for the persons who made the claims, including
claims made by the Seller about its own experience
with the product.
However, Buyer cannot simply rely on these
statements as being duplicable by Buyer because many
factors affect results, including just dumb luck.
Some people buy this product to make money and, in
fact, make no money. Some people buy this product
and never read it or attempt to implement any of the
moneymaking ideas. Some folks seemingly take to it
like a duck to water and can't stop making money.
Nothing promoted on this website should be construed
as a 'Get rich quick' scheme. The products Buyer is
buying to learn how to make money or products that
Buyer is buying to re-sell, have all been proven
money-makers. The income and earnings statements, if
any, tend to reflect the more successful cases and
Buyer should not construe this as being the
'average' or usual success story. As is true in much
of life, real success usually requires real work.
Learning about the internet is not terrible work and
it can produce very livable income if Buyer is
willing to learn his or her craft and work at it
steadily. Even part-time efforts may bring in some
extra money each month. But it requires learning
skills that Buyer may not have a background to
easily learn and will certainly require constant
education and, perhaps, even psychological
motivation to keep Buyer directed toward his or her
goals.
If the product Buyer is purchasing is a physical
product promoted for a particular purpose and if the
promotional materials make claims about the results
from the use of this product, Buyer hereby warrants
his understanding that there exists some probability
that the product will not deliver those same results
to any particular Buyer and that the refund of the
purchase price (subject to the return of the product
to the Seller) is the full remedy for any Buyer who
feels the product did not deliver the results
claimed.
If the product Buyer is purchasing is a
membership or a product plan' that claims to
produce specific benefits or results or that
otherwise involves a recurring fee, the Buyer has a
right to terminate the membership or plan' upon
notice to the Seller. In this case, the promotional
materials describing the membership and the ?plan'
and the remedy for dissatisfaction shall be
controlling. If the promotional materials say that
part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales
and promotional materials or the product are in
conflict, this Purchase Agreement shall be
controlling except, and unless, the Seller
deliberately misled the Buyer or if such
construction would cause material inequity. The sole
burden is on the Buyer to substantiate any
deliberate deception. Buyer accepts the obligation
to reimburse the Seller for all court costs,
investigation costs, attorney fees, and all
litigation-related costs in the event Buyer brings
suit against the Seller and does not prevail in
court or at arbitration.
No warranties are made whatsoever about the
amount of money, if any, that Buyer will earn from
this material or product or service and Buyer
warrants an understanding that Buyer's only course
of action is to test this product and material for
the extent of the refund period and request a refund
if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in
any event, for any reason, no matter the amount of
damages claimed, as a material part of the
consideration for purchase of this product, the
maximum amount of liability shall be the purchase
price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy
Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the
Seller's website.
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 days return
policy, without notice.
Buyer understands that the Seller may discontinue
affiliate programs under the terms of the affiliate
program.
Buyer understands that the Seller may discontinue
customer service on a product or service at any time
without notice.
CALIFORNIA RESIDENTS NOTE
You are entering into a contract that may modify,
restrict, or eliminate rights you may have under the
California Online Privacy Protection Act of 2003 (OPPA).
Under the Privacy Policy and this Purchase Agreement
you waive any right to view or modify the content of
our database. You waive any right to force this
business or website to divulge when or to whom your
information may have been provided to third parties.
In the event the website elects at its sole
discretion to release information to you, you must
clearly identify yourself to the website as the
named customer who has previously purchased from the
website. We are doing this protect information being
inadvertently provided to fake customers who may
have intentions to harm the real customer. The
required identifying information may include credit
card info, social security numbers, notarized copies
of state issued id, or other id sufficient to allow
our counsel to feel comfortable about releasing
information - in the event we elect to divulge it at
all. Additionally, this purchase agreement, as part
of the consideration required to purchase from this
website, requires that you agree to use the American
Arbitration Association exclusively in any claim
arising from the Terms of Use, Privacy Policy, or
Purchase Agreement, and not the courts of the state
of California. The customer also agrees, as part of
the required consideration, that any cause of action
is presumed to have arisen in the city and county of
this business or website, not in the state of
California, unless the website is located there, and
not in the jurisdiction where the customer resides.
ARBITRATION
As part of the consideration that the Sellers
requires, Buyer agrees to use binding arbitration
for any claim, dispute, or controversy ("CLAIM") of
any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this
product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted pursuant to the
rules of the American Arbitration Association which
are in effect on the date a dispute is submitted to
the American Arbitration Association. Information
about the American Arbitration Association, its
rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor
10, New York, New York, 10017-4605. Hearing will
take place in the city or county of the Seller.
In no case shall the Buyer have the right to go
to court or have a jury trial. Buyer will not have
the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right
to participate as a representative or member of any
class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the
other party for any and all costs associated with
the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be
brought before a court of law, pre- or
post-arbitration, Buyer agrees to that the sole and
proper jurisdiction to be the state and city
declared in the contact information of the web owner
unless otherwise here specified. 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.
FINAL ACCEPTANCE
By taking the affirmative step of purchasing this
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. |