Earnings Disclaimer
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "OWNER
OF THIS WEBSITE," and
you, the prospective purchaser, hereafter "USER/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."
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 website or if claims about income
or earnings resulting from the use of website or products recommended
herein are made, such claims are true for the persons who made the claims,
including claims
made by
the owner of this website about its own experience with the product(s).
However, User cannot simply rely on these statements as being duplicable
by User because many factors affect results, including just dumb luck.
Some people might use the information contained in this website to help
them make money and, in fact, make no money. Some people use this website
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 User
is buying or using to learn how to make money or products that User 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 User
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 User 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 User may not have a
background to easily learn and will certainly require constant education
and, perhaps, even psychological motivation to keep User directed toward
his or her goals.
If the product User is purchasing based upon a recommendation is a physical
or digital product promoted for a particular purpose and if the promotional
materials make
claims
about
the results from the use of this product, User 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 User 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 User/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 Earning Disclaimer Agreement shall
be controlling except, and unless, the owner of this website deliberately
misled the User
or if such
construction would cause material inequity. The sole burden is on the
User to substantiate any deliberate deception. User accepts the obligation
to reimburse the owner of this website for all court costs, investigation
costs, attorney fees, and all litigation-related costs in the event User
brings
suit
against the Seller and/or Owner of this website and does not prevail
in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any,
that User will earn money from this material or product or service or
recommendations made on this website and User warrants an understanding
that User's only
course of action is
to test
this product and material or any recommendation made by the Owner of
this website for the extent of the refund period and request a refund
if User is not
satisfied
prior
to
its expiration.
User, 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 use of this website or recommendations made for other products, the
maximum amount of liability shall be zero.
PRIVACY POLICY ACCEPTED
User expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE ACCEPTED
User expressly accepts the Terms of Use of this website.
INDEMNIFICATION
User agrees to indemnify Owner of this website for
any and all damage that User causes by using this website or information
contained on this website that results in a damage award against the
Owner of this website.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
User agrees that Owner of this website has the right to discontinue offering
this website, the service, the membership at any time, without notice.
User understands that the Owner of this website may discontinue affiliate
programs under the terms of the affiliate program.
User understands that the Owner of this website 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 User have the right to go to court or have a jury
trial. User 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 the use of this website shall be brought before
a court of law, pre- or post-arbitration, User 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. Fleet, Hampshire, United
Kingdom. In the event that litigation is in a federal court, the proper
court shall be the closest federal court to the Users address.
APPLICABLE
LAW
User agrees that the applicable law to be applied shall, in all cases,
be that of the state of the Owner of this website.
WEBSITE OWNER CONTACT INFORMATION
Reactor Publishing
5 Wooland Court
Fleet
GU52 6XS
United Kingdom
www.BigSellingSupport.com
These forms are copyrighted. Internet Law Compliance © 2003 Mining
Gold Corporation and IP Management, LLC and are licensed for use by a
single domain. Contact support@internetlawcompliance.com for licenses
for multiple domains, which are available at a very reasonable price.
|