Terms & Conditions

Terms Of Use

Please read the following Terms of Use which are a condition of your access to and interaction with the contents of this site.

By viewing, visiting, using or interacting with this website or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of these Terms of Use and the Privacy Policy of this website.

All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the child online privacy act (COPA) of 1998.

This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the privacy policy, which you accept as a condition for viewing, the you are giving permission to this website to collect and store data and information for the purposes of exclusion and for other uses.

This Terms of Use agreement may change from time to time. Visitors have an affirmative duty as part of the consideration for permission to access this website to keep themselves informed of any such changes.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitor,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.” 

USE OF INFORMATION FROM THIS WEBSITE 

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance. 

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE 

The website and its contents are owned or licensed by Website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. 

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED 

Unless expressly authorized by Website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision. 
 
DISCLAIMER FOR CONTENTS OF SITE

Website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. Website makes no such warranty. 

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. 

The website assumes no responsibility for damage to computers or software of Visitor or any person Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to Visitor’s computer. Again, Visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk. 

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS 

Visitor downloads information from this site at its own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. 

LIMITATION OF LIABILITY 
 
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. 
 
INDEMNIFICATION 

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all. 

SUBMISSIONS 

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy. 

NOTICE
 
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website. 
 
DISPUTES 

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor 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 Institute of Arbitrators and Mediators Australia (IAMA) in effect on the date a dispute is submitted to the IAMA. Information about the IAMA, its rules, and its forms are available from the Institute of Arbitrators and Mediators Australia, at its website http://www.iama.org.au. Any associated hearings will take place in the city or state of the Seller.

In no case shall Viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer 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, Viewer, visitor, member, subscriber or customer 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. 
 
APPLICABLE LAW
 
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

Privacy Policy

Site Owner Leigh D Wilson, values the privacy and security of the information that you share through www.executivebreakthrough.com  (hereon in known as the “Executive BREAKTHROUGH Website”).

It is important that you understand how we collect, use, and maintain your information. This Privacy Statement explains our online information practices, the choices you may make about how we collect and use your information at this ‘Executive BREAKTHROUGH Website’, and the ways you may contact us.

We may change this Privacy Statement from time to time. Changes to this Privacy Statement are effective upon posting. Please check back periodically for updates. If at any point we decide to use Personal Information in a manner that is materially different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this new manner.

The amount, type and use of information we collect, depends on how you use this ‘Executive BREAKTHROUGH Website’. This Privacy Statement applies only to the practices of the ‘Executive BREAKTHROUGH Website’ Owners and its employees. The ‘Executive BREAKTHROUGH Website’ will not apply the provisions of this Privacy Statement to Business Contact Information or Aggregated Information.

Definitions

 “Personal Information” includes, your name, address information, personal e-mail address and URL, telephone number, account username and password, credit/debit card numbers and associated billing addresses and expiration dates, bank account numbers, as well as other similar information.

“Prospect Information” includes the same information as Personal Information except that Prospect Information is information that is submitted by an individual who is not the subject of the data submitted.

“Non-Identifying Personal Information” includes information about you, including, without limitation, your Internet service provider, browser type, domain name, the Web Site that referred you to us, the web pages you request, the date and time of those requests, and entry and exit points.

“Business Contact Information” includes the name, title, business address, or telephone number of an employee in an organization. It also includes departmental e-mail addresses that contain no individually identifiable information. Business Contact Information is not Personal Information.

“Aggregated Information” is any information about more than one individual where the individual identities are unknown and cannot be inferred from the information. Aggregated Information is not Personal Information.

Collection of Personal Information or Prospect Information

The Website may collect Personal Information from you, but only if you provide it to us voluntarily. We also collect Personal Information that you provide to our suppliers, which they pass on to us so that we can fulfil your order. You may be required to provide Personal Information in the form of a unique identifier (username, password, for example) to enter certain parts of our web site. In addition, in certain situations, such as when a purchaser buys a product as a gift and supplies the recipients’ name and address, we collect Prospect Information.

Collection and Use of Non-Identifying Personal Information

During your use of our ‘Executive BREAKTHROUGH Website’, we will collect certain Non-Identifying Personal Information to enhance the functionality of the ‘Executive BREAKTHROUGH Website’ and to make your access more convenient and efficient.

We retain Non-Identifying Personal Information and use it to establish Web Site activity trends, monitor ‘Executive BREAKTHROUGH Website’ performance, improve ‘Executive BREAKTHROUGH Website’ design and functionality, fulfil orders, inform current and potential customers and suppliers about our services, and for other business purposes.

Our collection of Non-Identifying Personal Information may involve the use of cookies. Among other uses, cookies allow us to deliver content specific to your interests, to save you from re-entering your registration data at each connection, and to provide features such as online customer payment and shopping carts.

The Help portion of the toolbar on most browsers will tell you how to configure your web browser to accept cookies, to prevent your browser from accepting new cookies, to have the browser notify you when you receive a new cookie, or to disable cookies altogether. No personal or unencrypted information will be encoded in cookies that are stored on your computer.

Children

The ‘Executive BREAKTHROUGH Website’ does not sell or promote products for purchase by children.  We do not knowingly collect, maintain, or use Personal Information or Prospect Information from children under age 16. If you are under age 16, do not share personal information with us.

Use of Personal Information

We may use and disclose Personal Information or Prospect Information as described in this document. In addition to the uses described in this document, we may use Personal Information or Prospect Information for purposes that include maintaining the ‘Executive BREAKTHROUGH Website’, order fulfilment and administration, and product surveys, administrative and analytical purposes such as accounting, billing and audits, and information system management, and other similar uses.

We may also use Personal Information or Prospect Information to provide current and potential customers and suppliers with information about our services.

We only collect, use, and disclose Personal Information or Prospect Information for purposes that are reasonable in the circumstances. We use only fair and lawful means to collect Personal Information or Prospect Information.

We reserve the right to use or disclose Aggregated Information and Business Contact Information in ways that we think are appropriate.

Periodically, we may send you information about our various products and services, or other products and services we feel may be of interest to you. Only the ‘Executive BREAKTHROUGH Website’ (or agents working on behalf of the ‘Executive BREAKTHROUGH Website’ and under confidentiality agreements) will send you these direct mailings. If you do not want to receive such mailings, you can easily opt-out of the ‘Executive BREAKTHROUGH Website’ marketing list or update your information by notifying us at: info[at]executivebreakthrough.com

Agents

We disclose Personal Information or Prospect Information to other companies and individuals to enable them to perform functions for us under confidentiality agreements. These types of agents include mailing and delivery companies, marketing service providers, database managers, customer service representatives, and other agents who perform functions for or on our behalf.

These agents may perform functions such as analysing data, supplying marketing assistance, providing search results and links (including paid listings and links), fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, processing credit card payments, and providing customer service.

Where we disclose Personal Information or Prospect Information to organizations that perform services on our behalf, we will require those organizations to use such information solely for the purposes of providing services to us and to protect the Personal Information or Prospect Information with appropriate safeguards.

Suppliers

We make goods and services from suppliers available to customers for purchase by credit or debit card. We have confidentiality agreements with these suppliers. We share Personal Information or Prospect Information with suppliers to complete transactions, resolve customer comments or complaints, and for administrative and analytical purposes like accounting, billing and audits, and information system management, and other, similar uses.

Business Transfers

As we continue to develop our business, we might buy or sell business units. In such transactions, Personal Information or Prospect Information is often transferred, but it remains subject to the promises made in any pre-existing Privacy Statement, unless an individual consents otherwise.

Protection of ‘Executive BREAKTHROUGH Website’ and Others

We may use or disclose Personal Information or Prospect Information without your consent in certain circumstances:

  • If we are required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;
  • If we have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users or others;
  • If we have reasonable grounds to believe that the information relates to breach of an agreement or violation of the law that has been, is being, or is about to be committed;
  • If it is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
  • If it is necessary to enforce or apply our Terms of Use and other agreements, to pursue remedies, or to limit damages to Executive BREAKTHROUGH;
  • If the information is public;
  • For other reasons allowed or required by law.

When we are required or permitted to disclose information without consent, we will not disclose more information than is necessary to fulfil the disclosure purpose.

Consent

We will obtain your consent to the collection, use, and disclosure of information as described in this Privacy Statement. If you do not consent to our collection, use, or disclosure of your Personal Information as described in this Privacy Statement, then do not share Personal Information with us. However, we are unable to offer some services, such as processing purchases, without Personal Information.

You may withdraw your consent at any time, subject to reasonable notice and legal or contractual obligations. To withdraw your consent, simply advise us of the Personal Information that you no longer wish us to collect, use, or disclose through the Contact Information listed below. However, we are unable to offer some services, such as processing purchases, without Personal Information.

There are limited situations in which applicable laws require or allow us to collect, use, or disclose Personal Information without your consent or after you withdraw your consent. We describe these situations under ‘Executive BREAKTHROUGH Website’ and Others” in the section on Use of Personal Information or Prospect Information in this Privacy Statement.

Retention and Access

We will take reasonable steps to keep Personal Information or Prospect Information accurate, complete, current, and relevant to its intended use. We keep Personal Information or Prospect Information only as long as we need it for the reasons it was collected. When Personal Information or Prospect Information is no longer required for our purposes, we have procedures to destroy, delete, or erase it or to convert it to an anonymous form.

Any information that ‘Executive BREAKTHROUGH Website’ collects from visitors to this Web Site will be used, stored, or processed, in whole or in part, in Australia. The principal place in which we hold Personal Information or Prospect Information is Melbourne, Victoria, Australia.

At your request, we will provide you with reasonable access to your Personal Information, so that you can review what we have stored and, if you choose, request corrections to it. You may request access by writing to us at the address listed in the Contact Information below. After you request access, we will provide the Personal Information that you request as soon as practically possible and generally no later than thirty days following the request.

If you wish to correct your Personal Information, please send us a written explanation of the particular information that you believe should be corrected. Where information will not or cannot be disclosed, we will tell you the reasons for non-disclosure.

Security

‘Executive BREAKTHROUGH Website’ combines technical and physical safeguards with employee policies and procedures to protect your information. We work to protect your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you provide online at our Web Site. We will use commercially reasonable efforts to protect your information, continue to assess new technology for protecting information, and when appropriate, upgrade our information security systems.

Further, we permit only authorized ‘Executive BREAKTHROUGH Website’ employees and third parties to access any Personal Information or Prospect Information that you supply to us. If an employee misuses Personal Information or Prospect Information, we will take disciplinary action, up to and including termination of employment. If any third party individual or organization misuses Personal Information or Prospect Information, we will take action, up to and including termination of any agreement between ‘Executive BREAKTHROUGH Website’ and that individual or organization.

Links to Other Web Sites 

When you click on a link on the ‘Executive BREAKTHROUGH Website’ that takes you to a web site operated by another company, you will be subject to that company’s web site privacy policies.

Dispute Resolution 

Please direct any questions or concerns regarding the use or disclosure of Personal Information or Prospect Information to us by using the Contact Information given below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Statement.

Contact Information 

In the event of questions about access to your Personal Information or Prospect Information; our collection, use, management, or disclosure of Personal Information or Prospect Information; or this Privacy Statement, contact us at: info[at]executivebreakthrough.com

Purchase Agreement

Dear Valued Customer

This is a great product and we’re sure you’ll be happy that you purchased it. In fact, we guarantee your satisfaction with our 30 days no-hassle, no-questions-asked, refund policy as described in this purchase agreement.
 
No matter what happens after you get this product, you’ve got 30 days to examine it, use it, and try it. If you’re not delighted, just ask for a refund.
 
Handling and shipping fees are non-refundable.

Please note – in case the refund was requested 30 days or more after the purchase date, and if, notwithstanding the provisions below, we decided on our own discretion for any reason whatsoever to provide a refund, any costs and fees related to the specific purchase, such as commissions to affiliates etc. will be deducted from the refund. 

The complete agreement that follows has been prepared by lawyers and reads that way. It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability. You are encouraged to read the following Purchase Agreement because its provisions may impact you but you can be assured that whatever claims and promises are made in plain English in the promotional materials or on our website, we honor them and we guarantee them with our no-questions-asked, full 30 days refund policy.
 
The legalese of this agreement is presented below. Enjoy the read and –
 
Congratulations on your choice. We wish you every success!
 
THIS AGREEMENT 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.

YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
 
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
 
PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are the website, www.executivebreakthrough.com, or its owners, hereafter “SELLER,” and you, the prospective purchaser, hereafter “BUYER“. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY” or “THIRD PARTIES.”

 

The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as “RECIPIENT“.
 
SUBJECT MATTER OF THIS PURCHASE AGREEMENT

The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of 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 30 days ‘no questions asked’ money back guarantee. If the product is other than an e-product or digital product, the product must be returned during the refund period to the shipping address provided with the product. The burden is on the Buyer to prove that the product was in fact returned to that address. Cancellation of a membership or request for refund of a digital product delivered over the internet must be noticed to the contact 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 30 days 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 30 days 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 as a digital download or 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. 
 
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 used as described in the Privacy Statement of the Site.

 

However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations. 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/she retains all rights to directly restrict communication or solicitation from any party including the Seller. 
  
Buyers living in locations that require custom duties and/or VAT, GST, goods and services or similar 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 deception to receive more than one refund, or if he causes a fraudulent dispute claim that results in a charge-back 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 30-day refund period – that is all.

 
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 30 days from the date of the order. During this 30-day period, the Buyer may request and will receive a refund for any reason. During this 30-day period, Buyer may request a replacement product in lieu of a refund but Seller is under no obligation, for any reason, to do anything more than refund the purchase price. 
 
If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the 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 or property, 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 property, 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 the Buyer’s property, 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 any product or service offered on this website 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 or services.

However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including pure luck.


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, legal 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 or save from the use of 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.

INDEMNIFICATION

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.
 
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
 
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time, subject only to the 30 days 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 information, social security numbers, notarized copies of state issued identification, or other identification sufficient to allow our legal representatives to be satisfied about the appropriateness of releasing information, in the event we should 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 Institute of Arbitrators and Mediators Australia (IAMA) in effect on the date a dispute is submitted to the IAMA. Information about the IAMA, its rules, and its forms are available from the Institute of Arbitrators and Mediators Australia, at its website http://www.iama.org.au. Any associated hearings will take place in the city or state 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. 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 legal 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 this particular 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.

 

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