Purchase Agreement

Notice -- Read This

NOTICE HAS BEEN CONSIPICULOUSLY PLACED NEAR EVERY “BUY NOW” BUTTON ON THIS WEB SITE THAT STATES THAT WHEN YOU COMPLETE ANY PURCHASE FROM THIS WEB SITE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. AS A PRECAUTIONARY MEASURE, ANOTHER CERTIFICATION THAT YOU HAVE READ THE POLICIES POSTED ON THIS WEB SITE IS REQUIRED WITHIN THE SHOPPING CART.

THIS AGREEMENT (hereinafter called “this Purchase Agreement” or “this Agreement,” as the case may be) 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.

A NOTICE OF THIS AGREEMENT APPEARS ABOVE ALL SHOPPING CART “BUTTONS” ON THE WEB SITE, INFORMING YOU THAT A PURCHASE ON THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IN COMPLETING A PURCHASE FROM SELLER’S WEB SITE, YOU CERTIFY THAT YOU HAVE READ AND ACCEPTED THESE TERMS. FAILURE TO ACCEPT THE TERMS MEANS THAT SELLER CANNOT TRANSACT BUSINESS WITH YOU IN CONNECTION WITH THE PRODUCTS AND SERVICES OFFERED ON THE WEB SITE. YOUR ORDER HAS BEEN PROCESSED BECAUSE BY YOUR PLACING IT, YOU HAVE CERTIFIED THAT YOU ACCEPTED THESE TERMS.

Section I
PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this Agreement are the website or its owners (hereinafter referred to as “Seller”) and you, the prospective purchaser (hereinafter referred to as “Buyer”). This Agreement shall take effect immediately upon the purchase of a product or service from the website.

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 hereinafter described as “Third Party," “Third Parties,” or “Third Party Vendors,” as the case may be.

The recipient of the product or service 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".

Section II
SUBJECT MATTER OF THIS PURCHASE AGREEMENT

The subject matter of this agreement is any 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 services or additional items promoted on the order page, shall collectively be termed the “product” throughout this Agreement. The term “product'” shall mean all elements offered in the sale, whether digital, dimensional, whether license or right, and shall include all sales or promotional materials. The term “product” may be used interchangeably with “services.”

Section III
REFUND AND RETURN POLICIES

III.A. Paralegal or Other Services Performed for Licensed Attorneys

All services rendered for attorneys, as described in the web site, shall be governed by a mutual agreement reached between Buyer and Seller and shall not be subject to refund.

III.B. Web Design Services Performed for Licensed Attorneys or the Public

All web design services shall be governed by a mutual agreement reached between Buyer and Seller, after Buyer has submitting a cost estimate query. One draft of text and images shall be provided by Seller to Buyer for approval and revision. Buyer is responsible for proofing the draft. All revisions to the draft shall be final. Drafts and final copy shall not be subject to refund.

III.C. Hosting Packages

All first-time web hosting packages and database hosting packages described on this web site are sold with a 10-day 'no questions asked' 100% money back guarantee. The ten (10) day ‘no questions asked” 100% money back guarantee applies to the first hosting or data storage package purchased by Buyer. Subsequent or contemporaneous packages do not receive the money-back guarantee.

III.D. Physical Goods

If the product is a physical good (i.e., scanners and boxed software, which are different from e-products or digital products that can be downloaded), the product must be returned within thirty (30) days of receipt to the shipping address provided with the product, subject to the terms and conditions stated in this section III.D. Buyer must immediately contact Seller of any defects and provide the following information:

(1) Order Number;
(2) Product SKU;
(3) the reason for return; and
(4) whether the product is a replacement unit or a credit.

A Return Authorization number with return instructions will be sent out to Buyer via e-mail. Buyer can receive a refund for any product that is a physical good if:

(1) the wrong product SKU was shipped, or
(2) the product shipped is defective in any way.

If the product shipped is the correct product SKU and it was found to be in proper condition upon arrival, then Buyer is still welcome to return the product. However, credit for Buyer’s order will be subject to a 15-30% restocking fee and shipping costs will also not be reimbursed.

If Buyer received a different product SKU from what was initially purchased, the item must be returned with the following:

(1) All original contents (product, manuals, instructions, etc.).
(2) Original packaging in new and unopened condition.
(3) Original invoice or receipt.

Once Buyer receives the return authorization information by email, Buyer can return the product according to the return information for a full refund less any restocking fees and shipping, depending on the return. The burden is on the Buyer to prove that the product was in fact returned to the proper address.

III.E. Other Physical Goods

Bound notebooks containing instructions for the operation of a web site designed by Seller are not refundable. If a CD containing a backup of a web site or database is defective, it will be immediately replaced.

III.F. Cancellations

Cancellation of a hosting package or a request for refund of a digital product delivered over the Internet must be noticed to the contact address in this Purchase Agreement. 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 are a crime as well as breach of this agreement.)

III.G. Refunds

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 ten (10) or thirty (30) day refund period, as the case may be, 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 ten (10) or thirty (30) day refund period if the product is as described and to decide whether Buyer wishes to keep the product. If the Buyer does not contact the Seller during the ten (10) day refund period for digital, e-products or hosting, or the thirty (30) day refund period for physical goods, 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 Buyer. Buyer may not cancel a hosting package because of delays in DNS population or domain transfers that are out of Seller’s control (see Section IX below).

Section IV
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 duplicate 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.

Section V
RIGHTS AND OBLIGATIONS OF BUYER

Buyer must pay the full consideration for a 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, 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.

Section VI
SHIPPING; CUSTOMS; VAT

NO PHYSICAL GOODS SHALL BE SOLD OR DELIVERED OUTSIDE OF THE UNITED STATES OF AMERICA. Buyer will receive trackingi information for all physical goods that are sent by United Parcel Service or the United States Postal service. There may be higher fees associated with shipping physical goods outside of the Continental United States. Seller shall contact Buyer for pre-approval of any additional shipping fees.

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.

Section VII
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.

Section VIII
GUARANTEE AND WARRANTY

Products, as defined herein, are 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 10 or 30-day refund period.

The exception is in the case of physical goods such as scanners or boxed software, in which case the refund/return policies describe above take effect. Some physical goods include manufacturer’s warranties. The manufacturer, not Seller, is responsible for honoring manufacturer’s warranties.

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.

Section IX
SPECIAL TERMS AND CONDITIONS GOVERNING
HOSTING AND DATABASE/WEB PROTECTED DATA STORAGE PACKAGES
(‘HOSTING SERVICES”)

IX.A. Term and Payment for Hosting Services.

Term. This Purchase Agreement will be for a "Term" of one (1) month from the date the Services are first provided by Seller. This Agreement will be automatically renewed (the "Renewal Term ) at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless Buyer provides Seller with written notice of termination at least thirty (30) days before the end of the Initial Term or Renewal Term, whichever is then applicable. To provide notice of termination, Buyer must submit a ticket to the billing department via the web-based account management area (which will be set up upon Buyer’s first order) to initiate the cancellation of service. Said account management area is hereinafter called “the Account Management Area,” and shall reflect the current, due and paid invoices.

Termination. Subject to other provisions herein, this Agreement may be terminated: (i) by Buyer or Seller during any Renewal Term, without cause, by giving the other party thirty (30) days prior written notice; (ii) by Seller in the event of nonpayment by Buyer as provided in below; and (iii) by Seller, at any time, without notice, if, in Seller's sole judgment, Buyer is in violation of any terms or conditions of the Acceptable Use Policies (hereinafter defined and sometimes called “AUP”). If Buyer terminates this Agreement, or if Seller terminates this Agreement due to Buyer’s breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, Buyer will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts Buyer owe to Seller under this Agreement.

Charges. Buyer will pay all charges for Buyer’s use of the Hosting Service at the then current sales prices. Buyer is responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Hosting Service, other than taxes based on Seller's net income.

Payment. Buyer will pay all charges for the first month of Hosting Service in advance on the first day of the Initial Term. Buyer will pay all subsequent charges for Hosting Service in advance on the anniversary day of each month according to the then current price for the Hosting Service. Buyer must pay for the Hosting Services by credit card or PayPal, unless other arrangements have been approved by Seller. Payments and invoicing by United States Postal Service mail will result in fees that are additional to the regular Hosting Services fees. Furthermore, each bounced check shall be assessed a $25.00 fee. If Buyer pays for Hosting Service by check, the additional fee shall be One Dollar ($1.00) per month if Buyer accepts email invoices and downloads the monthly invoice from the Account Management Area. If Buyer wants monthly invoices mailed by Seller to Buyer via United States Postal Service First Class Mail, there will be an additional fee of Two Dollars ($2.00) charged per month above the regular Hosting Services monthly fee. Buyer’s failure to fully pay any fees and taxes within fifteen (15) days of the applicable due date is a material breach of this Agreement, justifying Seller to suspend its performance. Should Buyer fail to pay the fees and applicable taxes due within thirty (30) days of the due date, then Seller shall terminate this Agreement and shall destroy all data stored in Buyer’s Hosting Service account. The storage of any backup data that exists prior to the thirty (30) day breach shall be the responsibility of Buyer and Buyer shall have no recourse against Seller for loss of data due to non-payment. If Seller terminates this Agreement for Buyer’s material breach, then Buyer will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts owed to Seller under this Agreement. Buyer is responsible for any costs that Seller incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Hosting Services, Seller must pay for six (6) months of Hosting Service in advance on the first day such Hosting Service is reinstated and any fees associated with reinstating the Hosting Service.

Refund and Disputes. Except for the initial ten (10) day trial period described above, all payments to Seller are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within sixty (60) days of the time the dispute occurred. If Buyer disputes a charge to his or her credit card issuer that, in Seller's sole discretion is a valid charge under the provisions of this Agreement and/or AUP, Buyer agrees to pay Seller an "Investigation Fee" of $100.00.

IX.B. Use of Hosting Service

Acceptable Use Policies (herein sometimes called “AUP”). The AUP governs the general policies and procedures for use of the Hosting Service. The AUP is posted below and may be updated from time to time. BY USING THE HOSTING SERVICE, BUYER AGREES TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. SELLER MAY TERMINATE BUYER’S ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.

Domain Names. Buyer is responsible for registering his or her own domain. Upon registering Buyer’s domain name, Buyer is bound by the terms of the registration service's then current domain name policy and the policies of the national DNS registration authorities. Seller will not refund any fees that Buyer paid with respect to the registration of a domain name that Buyer is unable to use. All new web-hosting accounts involving new domains will be set up and entered into Seller’s DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. New web-hosting accounts which involve the transfer of a domain from another provider to Seller will require a minimum of seven (7) days to be set up and entered into Seller’s DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If Buyer cancels service during the transfer period for any reason, all charges are considered earned.

Security. Buyer is solely responsible for any security breaches affecting servers or accounts under Buyer’s control. If Buyer’s server is responsible for or involved in an attack on or unauthorized access into another server or system, Seller or Seller’s provider will shut it down immediately. Buyer will pay any charges resulting from the cost to correct security breaches affecting Seller, its provider, or any of its other customers. In part, this means that if Buyer has installed PHP or cgi scripts, Buyer is responsible for updating those scripts when updates become available.

Intellectual Property Rights & Buyer’s Warranties and Representations to Seller. Buyer warrants, represents, and covenants to Seller that: (a) Buyer is at least 18 years of age if an individual, (b) Buyer possesses the legal right and ability to enter into this Agreement; (c) Buyer will use the Hosting Service only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) Buyer’s content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

IP Numbers. Seller or Seller’s provider will maintain and control ownership of all Internet protocol ("IP ") numbers and addresses that Seller or Seller’s provider may assign to Buyer. Seller or Seller’s provider may, in their sole discretion, change or remove any and all IP numbers and addresses.

Third Party Software. Seller or its provider may provide Buyer with access to other third party software and/or services ("Third Party Products ") through reseller relationships. Seller’s provider has established agreements with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Buyer understands that product support for Third Party Products is provided by Seller or Seller’s provider and not by the Third Party Vendor. Seller, Seller’s provider, and/or any Third Party Vendor make no representations or warranties, express or implied, regarding any Third Party Products. BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT BUYER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM SELLER, SELLER’S PROVIDER OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER, SELLER’S PROVIDER NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. BUYER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND AGREES THAT BUYER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS, SELLER AND SELLER’S PROVIDER WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.

Buyer shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Enforcement Actions. Seller reserves the right to suspend or terminate the Hosting Service immediately or take any other corrective action it deems appropriate in its sole discretion if, in the sole judgment of Seller, Buyer’s server is the source or target of any violation of the AUP or for any other reason which Seller chooses. If inappropriate activity is detected, all of Buyer’s accounts in question will be deactivated until an investigation is complete. Prior notification to Buyer is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate Seller to monitor or exert editorial control over the information made available for distribution via the Hosting Service. If Seller takes corrective action because of a possible violation, Seller will not refund to Buyer any fees paid in advance of the corrective action.

Disclosure Rights. The AUP specifically prohibits the use of the Hosting Service for illegal activities. Therefore, Buyer agrees that Seller may disclose any and all of Buyer’s information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to Buyer. In addition, Seller shall have the right to terminate all service set forth in this Agreement.

Disclaimed Warranties. Seller exercises no control over, and accepts no responsibility for, the content of the information passing through Seller or Seller’s provider’s host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. SELLER DOES NOT MAKE AND DISCLAIMS, AND BUYER WAIVES ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. SELLER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

IX.C. Limitation and Exclusion of Liability on Hosting Service

Limitations. IN NO EVENT WILL SELLER OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER SELLER NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO SELLER'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF SELLER AND ITS SUPPLIERS TO BUYER FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT BUYER ACTUALLY PAID TO SELLER UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY SELLER UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, BUYER RELEASES SELLER AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.

Interruption of Service. Seller and its suppliers are not liable for any temporary delay, outages or interruptions of the Hosting Services. Further, Seller is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

Indemnification. In agreeing to Seller’s AUP and this Agreement, Buyer agrees to indemnify, defend and hold harmless Seller, its provider, its employees, directors, partners, representatives and affiliates, for any violation by Buyer or Buyer’s customers of the AUP or this Agreement that results either in loss to Seller or the bringing of any claim against Seller by any third-party. For example, if Seller is sued because of Buyer or Buyer’s customer's activity related to the Hosting Service, Buyer will pay any damages awarded against Seller, its provider, its employees, directors, partners, representatives and affiliates, plus all costs and attorney's fees.

IX.D. Miscellaneous Provisions concerning Hosting Service

Seller and Buyer agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Buyer customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN THE STATE OF ARIZONA, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Buyer may not sell, assign or transfer Buyer’s rights or delegate its duties under this Agreement, either in whole or in part, without the prior written consent of Seller, and any attempted assignment or delegation without such consent will be void. Seller may assign this Agreement in whole or part. Seller also may delegate the performance of certain services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. Buyer and Seller are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Buyer and Seller. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

All provisions of this Agreement relating to Buyer’s warranties, intellectual property rights, limitation and exclusion of liability, Buyer’s indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.

IX.E. Acceptable Use Policies (AUP or AUPs)
Governing Hosting Service

This Acceptable Use Policy (AUP) is designed to provide a clear understanding of the rules, regulations and restrictions regarding the use of Seller and Seller’s provider’s hosting services. From time to time Seller or Seller’s provider may impose reasonable rules and regulations regarding the use of its services. The AUPs are not exhaustive and Seller reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to this Agreement or notification of the modified AUPs.By registering for and using the services, and thereby accepting the terms and conditions of the Agreement, Buyer agrees to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of Buyer’s account or such other action as Seller or Seller’s provider deem appropriate. An unlisted activity may also be a violation of the AUPs if it constitutes an illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF BUYER’S HOSTING SERVICES. BUYER SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR BUYER’S USE OF THE HOSTING SERVICE AND ANY AND ALL CONTENT THAT BUYER DISPLAYS, UPLOADS, DOWNLOADS OR TRANSMITS THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS THE POLICY OF SELLER AND SELLER’S PROVIDER TO TERMINATE SERVICES FOR REPEAT INFRINGERS. SELLER AND SELLER’S PROVIDER RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Buyer’s Security Responsibilities. Buyer is solely responsible for any breaches of security affecting servers under Buyer’s control. If a Buyer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, Buyer is responsible for the cost to rectify any damage done to Buyer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $195 USD per hour. Inquiries regarding security matters may be directed to abuse@InterXstream.com

System And Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. Seller or Seller’s provider may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

(1) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

(2) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

(3) Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

(4) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

(5)High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.

(6) Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Seller or Seller’s provider. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Inquiries regarding security matters may be directed to abuse@InterXstream.com. Seller and Seller’s provider are concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Seller and Seller’s provider urge Buyer to assume that all of their online communications are insecure. Seller and Seller’s provider cannot take responsibility for the security of information transmitted over the hosting facilities.

Password Protection. Buyer is responsible for protecting Buyer’s password and for any authorized or unauthorized use made of Buyer’s password. Buyer will not use or permit anyone to use the Hosting Service to guess passwords or to access other systems or networks without authorization. Seller and Seller’s provider will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Contact Information. Buyer is responsible for maintaining current contact information in the Account Management Area so that the email address is always reachable even in the event that servers are being shut down.

Internet Etiquette. Buyer is expected to be familiar with and to practice good Internet etiquette (Netiquette). Buyer will comply with the rules appropriate to any network to which Seller may provide access. Buyer should not post, transmit, or permit Internet access to information that Buyer desires to keep confidential. Buyer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Seller or Seller’s provider by offended users. Seller reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy. The hosting network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies Buyer makes. If Buyer copies, distributes or installs the software in ways that the license does not allow, Buyer is violating federal copyright law. If caught with pirated software, Buyer or Buyer’s company may be liable under both civil and criminal law, and Buyer may be fined up to $250,000 and/or receive up to 5 years in jail. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to abuse@InterXstream.com. InterXstream, who is Seller’s provider, will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibilities. Buyer has a responsibility to use the network responsibly. This includes respecting other network customers. Seller and Seller’s provider reserve the right to suspend and or cancel service with any Buyer who uses the network in such a way that adversely affects other customers. This includes but is not limited to: Attacking or attempting to gain unauthorized access to servers and services that belong to InterXstream, Seller, or their customers (i.e. computer hacking), and/or Participating in behavior which results in reprisals that adversely affect InterXstream or Seller, or other customers' access to the network. Seller and Seller’s provider will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by Buyer, whether or not the attacked account or computer belongs to Seller or Seller’s provider, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, customer, Seller or Seller’s provider is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. Seller and Seller’s provider will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to:

(1) Use or distribution of copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content;

(2) Use of any service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law;

(3) Conduct constituting harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Seller’s services or products;

(4) Use of the Hosting Service network to solicit the performance of any illegal activity, even if the activity itself is not performed; and

(5) Knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution.

Servers hosted within Seller’s network are open to the public. Buyer is solely responsible for Buyer’s usage of the network and servers and any statement made on servers hosted within the Seller’s network may be deemed "publication" of the information entered. Acknowledging the foregoing, Buyer specifically agrees not to use the Hosting Service in any manner that is illegal or libelous.

Child Pornography on the Internet. Seller’s policy on child pornography is zero tolerance. Seller will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Buyers are ultimately responsible for the actions of their clients over the network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

Adult Content on the Internet. Seller and Seller’s provider do not allow adult material to be hosted on the servers. Seller or Seller’s provider will provide notification informing Buyer in writing of improper materials on the servers, at which time Buyer will be given an opportunity to remove such materials. However, Seller and Seller’s provider reserve the right to disconnect any customers immediately.

Commercial Advertisements with E-mail. Seller takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that Buyer may not use or permit others to use our network to transact in UCE. Buyer may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. Buyer must keep these confirmations on file, so that in the case that a spam complaint is made against Buyer, Buyer has proof that the user did indeed opt-in. In addition, Buyer must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.

E-mail is a person-to-person medium, not a broadcast medium. Buyer is strictly prohibited from using or permitting others to use UCE or SPAM over the network. Buyer is ultimately responsible for the actions of Buyer’s clients over the network, and it is advisable that Buyer develops a similar, or stricter, policy for Buyer’s clients. Violation of SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Seller will initiate an immediate investigation (within 48 hours of notification). During the investigation, Seller may restrict Buyer access to the network to prevent further violations. If Buyer is found to be in violation of the SPAM policy, Seller may, at its sole discretion, restrict, suspend or terminate Buyer's account. Further, Seller reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Seller will notify law enforcement officials if the violation is believed to be a criminal offense.

IP Address Overlap. Buyer cannot use IP addresses which were not assigned to Buyer by Seller or Seller’s provider. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

IRC. Seller and Seller’s provider do not allow the use of IRC on the network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC. Violators' servers will be suspended.

Network Performance. Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of Buyer’s account. Buyer is prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. Buyer may not use resource-intensive programs, such as peer-to-peer or audio/video streaming applications, which negatively impact other customers or the performance of systems or networks. Seller and Seller’s provider reserve the right to terminate or limit such activities.

Billing. Buyer understands that Buyer is responsible for paying for any network resources that are used to connect Buyer's server to the Internet. Buyer may request that Buyer's server be disconnected from the Internet, but Buyer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension. Seller or Seller’s provider reserve the right to suspend network access to Buyer if, in the judgment of the network administrators, Buyer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Seller or Seller’s provider choose. If inappropriate activity is detected, all accounts of Buyer will be deactivated until an investigation is complete. Prior notification to Buyer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Buyer will not be credited for the time Buyer's machines were suspended if Buyer has violated the AUP.

Cancellation. Seller reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of Buyer will be deactivated until an investigation is complete. Prior notification to Buyer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Seller or Seller’s provider institute their rights of cancellation. Any violation of policies which results in extra costs will be billed to Buyer (i.e. transfer, space etc.).

Disclaimer of Responsibility. Seller is under no duty to look at Buyer's activities to determine if a violation of the AUP has occurred, nor does Seller assume any responsibility through to monitor or police Internet-related activities. Seller disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

Indemnification. The indemnification provisions stated in IX.c above also apply to AUP violations and all other matters associated with the Hosting Service.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BUYER’S BEHALF SHALL BE CONSIDERED THE SAME AS IF BUYER VIOLATIED THE AUP.

Section X
ASSUMPTION OF RISK FOR ALL PRODUCTS AND SERVICES
(COLLECTIVELY, “THE PRODUCT”)

Buyer agrees to accept all risk associated with the use of the 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.

Section XI
LIMITATION OF LIABILITY AND DISCLAIMERS

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 the product, or no matter what damage may be allegedly or actually caused by the use of the 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.

XI.A. 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.

XI.B. 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.

XI.C. 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.

XI.D. Limitation on the Liability Limitation

Buyer understands that some states do not allow limitation of liability.

Section XII
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS',
'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL
MATERIALS OR PRODUCT,INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS
(COLLECTIVELY, THE “VARIOUS PRODUCTS”)

If claims about results from using the various products or if claims about income or earnings resulting from the use of the various products are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experiences.

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 the various products to make money and, in fact, make no money. Some people buy the various products 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 various products Buyer is buying for the purposes of learning how to make money or how to market, or the various products that Buyer is buying to re-sell, have all been proven money-makers and successful Internet search engine methodologies. The results and 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 in an area 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 various products that Buyer is purchasing are physical products promoted for a particular purpose and if the promotional materials make claims about the results from the use of the various products, either individually or collectively, 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 various products 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 or web site success, if any, that Buyer will earn from this material or the various products or services 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.

Section XIII
PRIVACY POLICY ACCEPTED

Buyer expressly accepts the terms of the Privacy Policy of Seller's website.

Section XIV
TERMS OF USE ACCEPTED

Buyer expressly accepts the Terms of Use of the Seller's website.

Section XV
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.

Section XVI
INDEMNIFICATION

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product (including services) or information contained on this website that result in a damage award against the Seller.

Section XVII
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP

Buyer agrees that Seller has the right to discontinue the product or the service at any time, subject only to the return policy and pre-payments existing in Hosting Accounts, 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.

Section XVIII
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.

Section XIX
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.

Section XX
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.

Section XXI
APPLICABLE LAW

Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

Section XXII
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.

Section XXIII
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.

Section XXIV
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.

Section XXV
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.

Section XXVI
INTERPRETATION

The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Capitalized terms shall have the meanings defined herein.

Section XXVII
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.

Section XXVIII
SELLER CONTACT INFORMATION

The Seller of this product is:

Deborah L. Beeksma
doing business as LegalTech
Post Office Box 1945
Show Low, Arizona 85902
support@az-legaltech.com

Section XXIX
FINAL ACCEPTANCE

By taking the affirmative step of buying a product or service from this web site, and in checking an acceptance box in the shopping cart area 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.

These forms are copyrighted. Internet Law Compliance © 2003 - 2004 Mining Gold Corporation and IP Management, LLC and are licensed for use by a single domain. Contact the website for licenses for multiple domains, which are available at a very reasonable price.