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Purchase
Agreement
UPON PURCHASING THIS PROGRAM,
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
The
product, service or membership referenced herein is sold with
a lifetime '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
lifetime
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
lifetime
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.
Separately, but not simultaneously, the Seller offers a 200%
money back guarantee. If buyer is not completely satisfied
with The Access Your Wealth program after 6 months, buyer may
request double the purchase price. There are many
factors that contribute to obtaining "success" which are not
controlled by the Seller. In such case, if buyer selects,
Seller will refund Buyer double the purchase price upon the
following conditions:
1. Have
joined the Access Your Wealth program from
accessyourwealth.com or from an official
representative/affiliate of Access Your Wealth. Buyer cannot
be affiliate.
2. Have a
valid order/confirmation number for above purchase.
3. Have
not previously requested for a refund.
4. Have
not requested a charge-back refund for credit card/debit card
purchases or placed a 'stop/do-not-pay' hold on check
payments.
5. Have
completely read, understood, and implemented the techniques
and methodologies contained in the Access Your Wealth program
in verifiable documentation.
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 periodic email related
to the purchased product. Buyer understands that any personal
information will not be sold, rented, or given away to any
third parties under any circumstances. Buyer understands
that he retains all rights to directly restrict communication
or solicitation from 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 6 month refund period.
Period.
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
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 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:
Intentional
Concepts
10620 Southern Highlands Pkwy
Suite 110-463
Las Vegas, NV 89141
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.
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