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Warranties, Disclaimers
& Legal Rights
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.
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. 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'.
However, in the event that the Buyer
claims that the product is defective within 30 days,
seller will refund the full purchase price (minus
shipping & handling) upon receipt of said
product, no questions asked.
If the Buyer is purchasing a membership in
this site, he/she may have a free trial
period. If the Buyer does not cancel before
the free trial ends, the Buyer will be charged a monthly
subscription rate as quoted in the membership's
publicity materials. The Buyer may cancel his
membership at any time by contacting
Joy Anderson with the order number and order date.
The cancellation will be effective at the end of the
current billing cycle. Once cancelled, the Buyer
can enoy the remainder of the membership
service up until the last day of the current billing
cycle.
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.
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
strategies. Some folks seemingly take to it like a
duck to water and become immediately successful.
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.
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. There are no
refunds for membership plans.
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 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 International Centre for Dispute
Resolution (ICDR) which are in effect on the date a
dispute is submitted to the International Centre for
Dispute Resolution (ICDR). 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. Toronto, Ontario. 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 clicking
any order link on this website, 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.
CONTACT INFORMATION
If there are any questions regarding these policies you may
contact us using the information below.
Pops' Pepper
Patch 425 E.
Burnett St.
Louisvllle, KY 40055
(502) 523-6154
Last
Updated: 06.22.09
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