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WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND
THE TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO REFUND
POLICY. THAT IS NO REFUNDS ARE OFFERED.
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 referenced herein is sold with no refund.
You may cancel your subscription billing at any time
and you will not be billed further. You will not receive
a refund on your unused portion of the subscription.
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 indirectly
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 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 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
Buyer expressly accepts the terms of the Privacy Policy
of Seller's website.
TERMS OF USE
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:
Freshspace Investor Communities
DBA dfwinvestors.net
411 N Carroll Ave #122
Southlake, TX 76092
support@dfwinvestors.net
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" is © 2003-2007 by Mining
Gold Corporation and Nevada Processing Center, Inc.
(888) 214-3349, and is fully licensed for use by this
website. If you wish to lawfully use this Terms of Use
on your website, contact support@internetlawcompliance.com
for licensing information or visit legal documents website.
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