PURCHASE
AGREEMENT
IMPORTANT -- PLEASE READ
Dear Valued Customer--
This is a great product and we’re sure you’ll be
happy that you got it. In fact, we guarantee your satisfaction
with our 45 day no-hassle, no-questions-asked, 100% refund policy
as described on our website.
No matter what happens after you get this product, you’ve
got 45 days to examine it, use it, and try it. If you’re
not delighted, just ask for a refund.
The complete agreement that follows is – well – designed
by lawyers. It lays out our rights and duties and your rights
and duties as well as various disclaimers and limitations of liability.
You are encouraged to read the following Purchase Agreement because
its provisions may impact on you but you can be assured that whatever
claims and promises are made in plain English in the promotional
materials or on our website – we honor them and we guarantee
them with our no-questions-asked, full 45 day refund policy.
The legalese of this agreement is presented below. Enjoy the
read and –
Congratulations on your choice. We wish you every success!
Sincerely,
Golden Dog Incorporated
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 45 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 45
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 45 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 re-sell
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 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.' There is a 45 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
45 day from the date of the order. During this 45 day period,
the Buyer may request and will receive a refund for any reason.
During this 45 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 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. 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 45
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 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 shall be Carson City, Nevada.
In the event that litigation is in a federal court, the proper
court shall be in Carson City, Nevada.
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:
Golden Dog Incorporated, a Nevada corporation
doing business as prostatemagic.com
1805 North Carson Street
Carson City, Nevada 89701-1216
support@prostatemagic.com
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.
These forms are copyrighted. http://www.internet-law-compliance.com,
Internet Law Compliance © 2003 - 2004 Mining Gold Corporation
and IP Management, LLC and are licensed for use by a single domain.
Contact support@internetlawcompliance.com for licenses for multiple
domains, which are available at a very reasonable price.
WHEN YOU CLICK THE "I ACCEPT" BUTTON , YOU, THE BUYER,
ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND
THE TERMS OF THIS AGREEMENT.
I
ACCEPT |
