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.
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 90
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 90 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 90 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 resell 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 charge back against the Seller's
account, that the Seller is authorized to
recharge 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 90 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
90 days from the date of the order. During this
90 day period, the Buyer may request and will
receive a refund for any reason. During this 90
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 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
resell, have all been proven moneymakers. 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 90 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 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 pretrial 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. PLACE FOR ADDING ADDRESS. 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:
Laura Hess and Philip
Cohen
SPARCK Publishing
Las Vegas, Nevada
Click
here to reach us by email
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.
