THIS IS THE
PURCHASE AGREEMENT PAGE
of WannaBuyIt.net
____________________________________________________________________________
NOTICE: CAREFULLY READ THIS PURCHASE
AGREEMENT.
WHEN YOU CLICK
ON THE ACCEPT Button
AT THE BOTTOM OF THIS PAGE AS YOU ARE ABOUT TO
PAY FOR YOUR PRODUCTS THROUGH
PayPal
, YOU ARE CLAIMING THAT YOU HAVE READ,
ACCEPTED,
AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT.
___________________________________________________________________________
Dear Valued Customer,
All products
on this website are downloadable, so you get to download and use them after
you click on the
ACCEPT Button at the bottom of this Purchase Agreement, after reading it, and after the Thank You page is displayed,
containing links to the eProducts you
purchased today. These are
great products and
you'll be happy that you got them. Because these products are from
various authors and software companies, they are sold "as is". The
original creators of these downloadable products must be contacted with any
concerns. Because there is no secure way for you to return a downloaded
product, as you will possess them when they are downloaded to your computer,
refunds
are not given. However, if
the software will not install due to a corrupted
file, simply send an email to service@WannaBuyIt.net with your date of
purchase/download and what is happening in the installation process, and a fresh
copy of that product will be sent to you, attached
to an email. Also, if you cannot use a product for one reason or another,
and would like to exchange that product
for another one on this website, simply send an email
to service@WannaBuyIt.net to arrange
the switch, including the date of your purchase and with the uninstalled program
files you downloaded on that date attached to the email. Indicate
which substitute product you want, and it will be sent to you as
an attachment to an email. Since all products are priced at
$17 each, there is no need
for a PayPal transaction. The
honor system will be used in this case. Only one substitution of a
previously-sold product will be allowed per customer, and the period during
which a
replacement/substitution may be done
is 30 days from the original date of sale.
The Purchase
Agreement that follows is, well, designed by lawyers. It lays out
Wanna Buy It's rights and duties and your rights and duties as well as various
disclaimers and limitations of liability. But let's cut to the chase.
Whatever claims and promises are made in the product materials are the
responsibility of the respective creators of the products, for which this
Website owns
"Private Label Rights". Enjoy the
read, and
congratulations on your choice of outstanding
tools and resources available through WannaBuyIt.net!
You are wished every
success!
Sincerely, Wanna
Buy It
____________________________________________________________________________
THIS AGREEMENT IS A CONTRACT. THE
CONTRACT GIVES YOU CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU GIVE THE
SELLER CERTAIN RIGHTS THAT AFFECT YOU. THE CONTRACT ALSO CONTAINS
PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT
REPLACEMENT/SUBSTITUTION, WARRANTY, AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT DO BUSINESS WITH YOU
OR SELL YOU A SERVICE OR PRODUCT, ALL DOWNLOADS PAID FOR SHALL NOT BE
ACCESSIBLE BY
YOU, YOUR ORDER WILL NOT BE PROCESSED, AND ALL FUNDS PAID TO PayPal SHALL BE REVERSED. YOUR
PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND THE RIGHTS, DUTIES, AND
LIMITATIONS EMBODIED IN IT IS 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 theordering 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 theproduct,
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.
________________________________________________________
REPLACEMENT/SUBSTITUTION POLICY
The product, service or membership
referenced herein is sold "as is", since it is not the creation of this
Website. The original creator of these downloadable products must be
contacted with any concerns. Because there is no secure way for the Buyer
to return a downloaded product, as the Buyer will possess the product when
it is downloaded to their computer, refunds are
not given. However, if the product will not install
due to a corrupted file, the Buyer may request a replacement by
simply sending an email to service@WannaBuyIt.net with the date of purchase/download and what is
happening in the installation process. Upon receipt of such a replacement
request, upon validation by the Seller, a fresh copy of the defective product
shall be sent to the Buyer, attached to an email. Also, if the Buyer
cannot use a downloaded, purchased product, for one reason or another, and would like
to exchange that product for another one on this Website, the Buyer may simply
send an email to service@WannaBuyIt.net indicating the desired product to arrange
the substitution. The date that the Buyer purchased/downloaded the
original product must be included, and the uninstalled program files that were
downloaded on that date must be attached to such email
by the Buyer. Upon verification, the Seller shall send to such Buyer who
has requested a substitution in the product for which the Buyer has already paid
, the desired switched product, attached to an email. Only one (1) product
switch per customer shall be allowed. All defective product replacements
or product substitutions shall not require any financial transaction, since all
products are sold at the same price. The Buyer understands that all rights to
view the product and all license or resale rights terminate when the product is
returned for a replacement/substitution. (Selling of a product in which
you have no ownership interest or resale license rights is a crime as well as a breach
of this agreement.) Making replacements or substitutions to the Buyer, as specified
above, is the full and complete liability that the Seller of this product,
service or membership has to the Buyer. Buyer further warrants that
he or she will make a determination during a 30-day period after the
original date of sale of a product by the Seller, as to whether 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 30-day 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 replacment or
substitution 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. 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.
________________________________________________________
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. Buyer
agrees that if he uses trickery to receive more than one
replacement/substitution, 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. Buyer agrees to, in addition to actual damages, 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 replacement/substitution 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
substitution. 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
receipt of the order by the Buyer. During this 30 day period, the Buyer
may request and will receive a replacement/substitution only if the original
product was defective or cannot be used for a good reason. During this 10 day
period, Buyer may request a replacement product in lieu of a substitution, but
Seller is under no obligation, for any reason, to do anything more than replace
the product. 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 replacement/substitution 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 Website, 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 replacement/substituion period and to immediately request a replacement/substitution 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 replacement/substitution 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.
________________________________________________________
PLACE FOR ADDING 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 at PayPal. 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 MONEY TECH,
INCORPORATED, dba Wanna Buy It, a Utah corporation, doing business at http://WannaBuyIt.net
(among other sites) from the physical address of 2565 Stonehaven Loop, Lehi,
UT 84043
Contact
information: service@WannaBuyIt.net
________________________________________________________
FINAL ACCEPTANCE
By taking the affirmative step of clicking the Accept button, which will redirect you to PayPal for payment, 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.
2008 Wanna Buy It. All Rights Reserved.
