Disclaimer / Purchase Agreement
-- IMPORTANT -- 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.
Dear Valued Customer--
These are great products and we’re sure you’ll
be happy that you got them. In fact, we guarantee your
satisfaction with our 30 day no-hassle, no-questions-asked,
100% refund policy as described on our website.
If your product arrives damaged, return it within 30
days and we'll gladly give you a refund or replacement
product.
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 30 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,
Marsha Blessing
Orison Publishers, Inc.
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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 30 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
the product upon arrival 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
30 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. 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 30 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 30 days from the date of
the order. During this 30 day period, the Buyer may request
and will receive a refund for damaged product. During this
30 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 30 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 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 '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:
Orison Publishers, Inc.
PO Box 188
Grantham, PA 17055
www.worlddiversitycalendar.com
www.orisonpublishers.com
FINAL ACCEPTANCE
By taking the affirmative step of clicking the
"I Accept" button, 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.
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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.
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