|
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
|