Purchase Agreement
Notice -- Read This
WHEN YOU COMPLETE
YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ,
ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
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
All members of Legitimate Online Jobs are entitled to a 100%, no
questions asked, money back guarantee within 8 weeks (or 56 days) of
initially signing up for our sevice.
Please send all refund inquiries to
contact@legitimateonlinejobs.com
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 may 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.
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 indirecty 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 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:
Web Prosper, LLC
P.O. Box 11
Northville, MI 48167
contact@legitimateonlinejobs.com
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.