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 Ian Cutmore with the order number and order date. The cancellation will be effective at the end of the current billing cycle. Once canceled, the Buyer can enjoy 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.
http://www.Golf-Secrets.webs.com
2 Style Loke
Barford
Norwich
Norfolk NR9 4BE
UK
Ian Cutmore
