Purchase Agreement
Dear Valued Customer--
This is a great product and we’re sure you’ll be happy that you got it.
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.
The legalese of this agreement is presented below. Congratulations on your choice. We wish you every success!
Sincerely,
PropertyForeclosureProfits.com
Notice -- Read This
WHEN YOU CLICK THE "BUY OR PURCHASE" BUTTON OR ANY OTHER BUTTON OR LINK INDICATING YOUR INTENT TO PURCHASE THE PRODUCT(S) ON THE
COMPANY WEBSITE OR AT THE BOTTOM OF THE CHECKOUT PAGE IF AVAILABLE OR SELECT THE RADIO BUTTON
LABELED "YES" IF AVAILABLE,YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND
HAVE READ THE TERMS OF USE AND EARNINGS DISCLAIMER.
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
A refund less shipping and handling fees if applicable less transaction fees will be issued to any individual who bought the
product described on the sales letter of the website. If the product was/is digital in nature a refund will be issued in accordance with
the refund or money back guarantee described on the sales letter of company website. Company reserves the right to withdraw any money back
guarantees from the website without notice.
From time to time company will run special promotions. These promotions may include price discounts or otherwise. Promotions may
be for a limited time or extended and promotion(s) may be withdrawn without notice and company shall not be obligated to issue any refunds
in case a promotion is offered that may be lower in price for a particular product and you (BUYER) had paid a higher price.
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 365 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 365 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 365 day refund period, however.
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 365 days from
the date of the order. During this 365 day period, the Buyer may request and will receive a refund for any reason in accordance with the
above refund policy. During this 365 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 in accordance with the above refund policy.
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 in accordance with the above refund
policy 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', 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 or its partner(s) 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
luck. Some people buy this product and never read it and/or implement the steps necessary. Nothing promoted on this website should be
construed as a guarantee of success. 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 a physical and/or digital 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 in accordance with the above
refund policy 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 being able to create wealth or fortune or being able to make any money at all through
preforeclosures or any other real estate investment method(s) 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 in accordance with the above refund policy 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.
EARNING DISCLAIMER ACCEPTED
Buyer expressly accepts the terms of the earnings disclaimer of 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
365 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.
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 to be the state (FL) and city (Oviedo) 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 '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.
MONEY BACK GUARANTEE NOTICE
PropertyForeclsoureProfits.Com reserves the right to withdraw any money back guarantee(s) from it's website at any time without
notice.
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:
PropertyForeclosureProfits.Com
PMB 371
4250 Alafaya Trail, STE 212
Oviedo, FL 32765
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and/or 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.
|