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AnnuityMD.com
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Purchase Agreement IMPORTANT
Please Read This
WHEN YOU CHECK THIS BOX
AND CLICK THE "PLACE ORDER NOW" BUTTON OR SIMILARLY WORDED ENTRY
FIELD, OR ORDER THROUGH OUR TOLL FREE NUMBER, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, FULLY UNDERSAND AND
IRREVOCABLY ACCEPT THE TERMS OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT WHEN YOU CHECK
THE BOX AND CLICK THE “PLACE ORDER NOW” BUTTON OR SIMILARLY WORDED ENTRY FIELD,
YOUR AGREEMENT OR CONSENT WILL BE LEGALLY BINDING AND ENFORCEABLE AS THE
LEGAL EQUIVALENT OF A HANDWRITTEN SIGNATURE. THIS AGREEMENT IS A
LEGALLY BINDING CONTRACT. UNDER THE TERMS OF THIS 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 PARTIES TO THIS AGREEMENT AND DISCLAIMER SUBJECT MATTER OF THIS PURCHASE AGREEMENT REPLACEMENT/ REFUND POLICY 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 (audio) 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 Buyer
understands and agrees that s/he is solely responsible for the installation,
operation, and maintenance of the hardware equipment and software necessary to access the website
and properly run the products available herein. 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. 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 only a 30 day replacement
period. Period. 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 refund. 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
order. During this 30 day period, Buyer
may request a replacement product in lieu of a refund but Seller is
under no obligation, for any reason, to do anything more than refund the
purchase price. 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/ 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.
No Advice You understand and agree
that we provide no tax, legal, or investment advice nor do we give any advice
or offer any opinion with respect to the suitability of any annuity, insurance product, or security
through this Web site. You further understand that while you may be able to
access research reports or other information produced by us and/or third
parties through this web site, the availability of such information does not
constitute a recommendation to buy or sell all or any of the annuities or
securities discussed therein. Any investment decisions you make will be based
solely on your own evaluation of your financial circumstances and investment
objectives. You understand that all investments made by you are at your sole
risk. You understand and agree that if you want to seek investment advice from
us, you will do so only by consulting with your financial advisor first or
before you make an investment in an annuity or security. ASSUMPTION OF RISK Buyer agrees to accept all risk associated with the
use of this product, including but
not limited to, 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/ refund period and to immediately request a replacement
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. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF
THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY
TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 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 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. 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. 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. 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 replacement or 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. 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/ 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. 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 ARBITRATIONAs 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, 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. JURISDICTION AND VENUE If any matter concerning
this purchase shall be brought before a court of law, pre- or post-arbitration,
Visitor agrees that the sole and proper jurisdiction to be the state and city
declared in the contact information of the website 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 current address. APPLICABLE LAW Buyer agrees that the
applicable law to be applied in any matters arising hereunder, will be that of
the State of 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. 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 Buyer warrants
that he or she understands that accepting liquidated damages provisions
contained herein are reasonable conditions of using the products delivered
through this website since damages, in certain instances, may be otherwise
impossible to quantify. However, in the event that
some provisions, terms, conditions of the Purchase Agreement, including but not
limited to the liquidated damages provisions above, 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 the products
set forth on this website is: AnnuityMD.com
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. |