PURCHASE AGREEMENT

IMPORTANT NOTICE – PLEASE READ

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 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 YOU WILL NOT BE ACCEPTED AS A CUSTOMER.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND 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 referred to as “seller,” and you, the prospective purchaser, hereafter referred to as “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 work “product” shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.

PAYMENT FOR SERVICES. Buyer understands and agrees that all services provided by seller shall be prepaid by buyer pursuant to the pricing information displayed on website at the time buyer contracts with seller. Such pricing information is hereby incorporated herein by reference and made a part of the within Purchase Agreement. Buyer understands that seller will render service only for those time periods for which buyer has prepaid all appropriate fees.

Buyer understands that buyer is responsible for making payment prior to each time period and, if payment is not received in time, buyer’s service will be suspended and a reconnection fee will be charged to recommence service. In order to avoid a suspension of service buyer is advised to verify payment has been made or authorized no less than five days prior to the expiration of buyer’s present time period.

Buyer understands that all payments to seller must be made by credit card authorization. Buyer understands and agrees that seller may charge buyer’s designated credit card for any appropriate set-up fees and monthly service fees. Once buyer has begun monthly service, seller shall charge the fees for the following month approximately three (3) business days prior to the expiration of buyer’s prepaid service. If buyer wishes to discontinue service at any time, buyer must notify seller, in writing, of such desire to terminate service and such writing must be received by seller at least five (5) business days prior to the next time period in order to avoid additional charges.

Buyer reserves the right to adjust fees that are charged for services at any time without notice to seller, however, such changes in fees will not affect any prepaid amounts. Buyer will have the option to accept the new rate and continue services or terminate service at the end of the prepaid service period.

REFUND POLICY. Buyer understands that once buyer’s information has been put into website by buyer, there will be no refunds of any prepaid fees. Buyer understands that service is provided on a month-to-month basis and if buyer uses any portion of a month, buyer will not be entitled to a refund for the service fees for that month, or any portion thereof. Further, if buyer does not give sufficient notice of buyer’s desire to terminate service, as outlined above, buyer is not entitled to a refund for any fees charged to buyer’s credit card for such time period.

Buyer understands and confirms that prior to purchasing product and/or service from seller, buyer has full access to view all public areas of the website. Once buyer has set up an account and agreed to the within Purchase Agreement, buyer has given 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 “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, buyer has no license, permission or right to duplicate 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 or service. This consideration includes not only the purchase price, but also other obligations that the buyer accepts as well as potential rights the buyer agrees to forego. By accepting this Purchase Agreement, buyer agrees to receive continuing follow-up contact from 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/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 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. Buyer retains the right to have his/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 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 buyer by parties unrelated to this purchase even though referred by seller. Buyer accepts full responsibility for limiting unsolicited contact and buyer understands that he/she retains all rights to directly restrict communication or solicitation from any party including seller.

Buyer agrees to allow seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from 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 buyer retains the right to restrict contact as described previously.

Buyer understands that cookies will be placed on his/her hard drive that will provide information to 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, 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, 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.

Buyer agrees that is he/she uses trickery to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the seller’s account, the seller is authorized to re-charge the buyer’s credit card that was used for the original purchase. Buyer agrees to, in addition to actual damages, liquidated damages of an amount equivalent to U.S. $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 buyer claims that the product is defective, the sole remedy to buyer is to accept a replacement product, if possible, or refund for the last month’s service. Seller is under no obligation, for any reason, to do anything more than refund the last month’s service fee.

If buyer is purchasing, through this website, a product, including membership, that is to be provided by a third party, buyer must look to the third party for additional warranties or guarantees, and understands that the warranties available through this website, if any are offered or construed, are extremely limited, restrictive, and short.

Buyer will use its best effort to maintain and operate the website, however, buyer cannot and does not guarantee that seller will be provided with perfect and/or uninterrupted services. Seller understands that a certain level of technical problems with the website is normal and to be expected despite buyer’s best efforts to minimize such interruptions of service. Buyer will make reasonable efforts to correct any problems and service interruptions within a reasonable time period once seller discovers problems. Buyer understands that it is buyer’s responsibility to report technical problems as soon as possible to seller.

ASSUMPTION OF RISK. Buyer agrees to accept all risk associated with the use of this product, including but not limited to, the use of the product personally or in business, all taxes and regulations applicable to this product or service, all legal compliance issues related to this product or service. Buyer warrants an understanding that seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review this product prior to entering into the within Purchase Agreement with seller.

Buyer specifically understands and agrees that adoption, in general, involves a high amount of risk to buyer. Buyer understands and agrees that seller does not make any representations or guarantees regarding buyer’s adoption success through seller’s website.

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. Further, buyer specifically releases seller from any and all liability or responsibility relating to any unsuccessful adoption plans, any type of adoption scam, fraud or misrepresentation, and any damages whatsoever that may occur to buyer through their participation in seller’s website.

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/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 website. 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 seller’s total liability, even from harm caused to 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’. If claims about results from using 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 understands that he/she cannot rely on these statements as being indicative of buyer’s own success with this product and that many factors will affect buyer’s possible success.

Where this disclaimer and claims made in sales and promotional materials or the products 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 seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event buyer brings suit against seller and does not prevail in court or at arbitration.

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 seller.

RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP. Buyer agrees that seller has the right to discontinue the product, the service, or buyer’s membership at any time without notice. Buyer understands that seller may discontinue affiliate programs under the terms of the affiliate program. Buyer understands that seller may discontinue customer service on a product or service at any time without notice.

NOTE TO CALIFORNIA RESIDENTS. You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects, at its sole discretion, to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website. We are doing this to protect information being inadvertently provided to fake customers who may have intentions to harm the real customer. The required identifying information may include credit card information, social security numbers, notarized copies of state-issued identification, or other identification 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. Buyer 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 sellers require, 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 or service, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association that 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, NY 10017-4605. Hearing will take place in the city or county of seller.

In no case shall 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, and 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 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 “unsubscribe” 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/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 seller and this buyer unless modifications are made in writing signed by both parties. However, seller may modify this Purchase Agreement at any time for other buyers without notice to you.

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. 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 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 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.