Purchase Agreement

PARTIES TO THIS AGREEMENT AND DISCLAIMER

SUBJECT MATTER OF THIS PURCHASE AGREEMENT

REFUND POLICY

RIGHTS AND OBLIGATIONS OF THE BUYER

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

GUARANTEE AND WARRANTY

ASSUMPTION OF RISK

LIMITATION OF LIABILITY AND DISCLAIMER

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 without notice.

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 to protect information being inadvertently provided to fake customers who may have intentions to harm the real customer.  The required identifying information may include credit card 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:
Roundup Marketing Group, LLC
66 Thornberry Road
Winchester, MA 01890
USA

FINAL ACCEPTANCE

By taking the affirmative step of 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.

This "Purchase Agreement" © 2008 Roundup Marketing Group, LLC,
Mining Gold Corporation and Nevada Processing Center, Inc.
If you wish to lawfully use this Purchase Agreement on your website,
you can get a license here:  InternetLawCompliance.com