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
56 day 'no questions asked' 100%
money back guarantee. Cancellation of a membership or request
for refund of a digital product delivered over the internet must be
noticed to the contact email 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
56 day 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 56 day 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.
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 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.
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 56 day refund
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 refund. The period for the Buyer to determine if the
product is defective and request a replacement or refund is
56 days from the date of the order.
During this 56 day period, the Buyer
may request and will receive a refund for any reason. During this
56 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 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
56 day 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.
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. Northville, Wayne County, MI.
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:
Web Prosper, LLC
PO Box 11
Northville, MI 48167
contact@designerwholesalesources.com
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "Click Here To
Order Designer Wholesale Sources" 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.
