Purchase
Agreement
Notice -- Read This
WHEN
YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE
READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. WHICH
INCLUDES A ZERO REFUND POLICY. THAT IS NO
REFUNDS ARE OFFERED.
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 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 90 day
'no questions asked' 100% 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 90 Day refund period as a material consideration required
by the Seller as part of the purchase price. Buyer further warrants
that he or she will make a determination during the 90 Day refund
period if the product is as described and to decide whether the Buyer
wishes to keep the product. If the Buyer does not contact the Seller
during the refund period, Buyer agrees that the Seller may construe
silence as a full, complete and final acceptance of the product, service
or membership with no further right of redress or refund for any reason
due the Buyer.
FURTHER DESCRIPTION OF THE PRODUCT,
SERVICE OR MEMBERSHIP
Buyer warrants an understanding
that the product, service or membership may actually be comprised of
different elements. For example, a digital or so-called e-book may also
come in CD or printed format, and that the digital product may also
be part of a service or a membership. Additionally, the product, service
or membership may come with the right to sub-license or re-sell the
product. However, unless specified in the sales and promotional materials
and unless all conditions are met, the Buyer has no license, permission
or right to duplicated or sell this product in any form or to sell it
or distribute it whether for profit or not to any person for any reason.
RIGHTS
AND OBLIGATIONS OF THE BUYER
The
Buyer must pay the full consideration for this product that the Seller
requires as the total price of the product. This
consideration includes not only the purchase price, but other obligations
that the Buyer accepts as well as potential rights the Buyer agrees
to forego. By accepting this Purchase
Agreement, the Buyer agrees to receive continuing follow-up contact
from the Seller including email, mail, newsletters, product updates,
product recall notices, product improvements, telephone calls from the
Seller and/or telemarketing organizations and/or pollsters for the purpose
of solicitation related to the instant product or any other product
or service. Buyer agrees to post-sale
contact from joint venture partners of the Seller or from others who
have a commercial relationship with the Seller.
Buyer agrees that all personal information about the buyer or
his or her buying habits and preferences, including address and phone
number, may be placed in a general database and agrees that this information
may be shared, rented or sold to third parties.
However, Buyer shall at all times be fully empowered to sever
contact with the Seller by notification using the 'unsubscribe' link
in solicitations. Moreover, the Buyer retains
the right to refuse specific contact with some third party solicitors
and maintain it with others. The Buyer retains
the right to have his or her name removed from a general solicitation
database. The Buyer's agreement to accept
solicitation and contact may be reduced, enhanced, limited or terminated
by notification to anyone contacting the Buyer.
The burden is on the Buyer to prove that such communication was
made to and received by the person making contact.
Buyer agrees that Seller is not liable for communications made
to the Buyer by parties unrelated to this purchase even though referred
by the Seller. Buyer accepts full responsibility
for limiting unsolicited contact and Buyer understands that he retains
all rights to directly restrict communication or solicitation from any
party including the Seller.
The
Buyer agrees to allow the Seller to collect, store, and use for marketing
purposes all information collected from, provided by or otherwise ascertained
by electronic means from the Buyer. The
Buyer, specifically, and as part of the consideration paid for this
product, waives all right to access, retrieve, or control such information
except that the Buyer retains the right to restrict contact as described
previously.
The
Buyer understands that cookies may be placed on his or her hard drive
that will provide information to the Seller and which are necessary
for delivering an e-product and which will be able to determine if you
retain the right to access the product. Buyer
understands that these cookies or other computer codes will reside on
the hard drive and will communicate at times with the Seller's computer
and thereby transmit and receive information.
Buyers
living in locations that require custom duties and/or VAT taxes to be
collected understand that, unless custom duties are collected at the
point of sale by the Seller, the Buyer remains responsible for payment
of custom duties and taxes at the time the product is received.
If it should happen that the Seller's courier or freight account
is charged for custom duties and tax, instead of the Buyer paying referenced
charges, then the Buyer hereby authorizes the Seller to bill the Buyer's
credit card for said charges or for the return of goods if they are
refused at the point of destination.
CREDIT
CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer
warrants that he or she is over 18 years of age, not subject to the
Child Online Privacy Act, of legal age to enter into contractual agreements
in the state in which he is present when he makes this purchase, and
is the true and authorized owner of the credit card used to make this
purchase. Any Buyer who violates any of
these requirements may be liable for civil or criminal prosecution and
agrees to pay liquidated damages of an amount the equivalent of US$10,000
per fraudulent transaction, plus actual damages, and agrees that all
information collected by this website may be used for prosecution and
may be turned over to law enforcement agencies or to credit card companies
and merchant service providers.
If
the true and/or authorized owner of the credit card attempts to commit
fraud upon the Seller, he authorizes each and every credit card company
or merchant service provider to disclose to the Seller all information
that could be construed as proof of credit card fraud.
Any
Buyer who attempts to perpetrate a fraud upon Seller involving the use
of a credit card herewith gives authorization for the Seller to access
all credit information about the Buyer from credit reporting agencies
and also authorizes the Seller to discover all relevant information
from any source about the fraudulent practices of the Buyer and to reveal
such information to credit reporting agencies, credit card companies,
merchant service providers, and law enforcement agencies.
Buyer
agrees that if he uses trickery to receive more than one refund, or
if he causes a fraudulent dispute claim that results in a chargeback
against the Seller's account, that the Seller is authorized to re-charge
the Buyer's credit card that was used for the original purchase to the
extent that will make the Seller whole. Buyer
agrees to, in addition to actual damages, pay to the Seller liquidated
damages of an amount equivalent to US$10,000 for every separate fraudulent
action Buyer commits.
GUARANTEE
AND WARRANTY
The
Seller warrants and guarantees absolutely nothing. There is no 'warranty
period.' There is a 90 day refund period.
However, in the event
that the Buyer claims that the product is defective, the sole remedy
to the Buyer is to accept a replacement product or a refund. The period
for the Buyer to determine if the product is defective and request a
replacement or refund is 90 days from the date of the order. During
this 90 day period, the Buyer may request and will receive a refund
for any reason. During this 90 day period, Buyer may request a replacement
product in lieu of a refund but Seller is under no obligation, for any
reason, to do anything more than refund the purchase price.
If the sales or promotional
material conflict with this "as is" warranty, then the sales and promotional
material are herewith incorporated and shall be controlling. However,
in no case, shall the warranty period be construed to be longer than
the refund period.
If the Buyer is purchasing
a membership in this site, the terms of membership as specified in the
solicitation materials are controlling.
If the Buyer is purchasing,
through this site, a product, including membership, that is to be provided
by a third party, the Buyer must look to the third party for additional
warranties or guarantees, and understands that the warranties available
through this site, if any are offered or construed, are extremely limited,
restrictive, and short.
ASSUMPTION
OF RISK
Buyer
agrees to accept all risk associated with the use of this product,
including but not limited to, ingestion of or application to Buyer's
person, the use of the product personally or in business, all taxes
and regulations applicable to this product, all legal compliance issues
related to this product. Buyer warrants
an understanding that the Seller is disclaiming all liability from harm
of any kind or nature caused directly or indirecty from this product.
Buyer agrees, as part of the consideration required to purchase
this product, to carefully review and test this product during the refund
period and to immediately request a refund if the product is not satisfactory.
LIMITATION
OF LIABILITY AND DISCLAIMER
Buyer
warrants an understanding, as required consideration, that the Seller
of this product disclaims all liability for the product or damages resulting
from use or installation or reliance upon this product for any reason.
Buyer alone accepts full responsibility for allowing others to
use this product. Buyer understands that
Seller disclaims liability for any information contained in sales or
promotional materials or the product itself that is unintentionally
misleading or incorrect that might cause damage to Buyer.
Buyer
expressly waives any and all claims for consequential, speculative,
and unforeseeable damages resulting from the purchase or use of this
product or from subsequent contact with Seller or Third Parties.
Buyer
expressly agrees that no matter what may happen because of his or her
purchase of this product, or no matter what damage may be allegedly
or actually caused by the use of this product, or no matter the harm
or damage that may result directly or indirectly from the purchase of
this product, for any reason whatsoever, that the absolute maximum extent
of Seller's liability shall be an amount no greater than the purchase
price of the product.
Buyer
agrees and understands that, Seller, specifically but not exclusively,
disclaims liability for all damage to Buyer's person or business by
using this product, including harm to buyer's computer hardware or software
from worms, viruses, or other defects in the product or computer codes
that cause harm. Seller disclaims liability
for Buyer's interaction with Third Party soliciting agents who were
provided 'leads' by the Seller. Seller disclaims
liability for Buyer's interactions with advertisers on the site.
Seller disclaims liability for Buyer's interaction with other
visitors or members of the website.
LIMITATION
OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer
agrees that the Seller's total liability, even for erroneous product
content that causes damage to the Buyer, shall be limited to the purchase
price paid for the product.
LIMITATION
OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer
agrees that the Seller's total liability, even from harm caused to the
Buyer or to others from use of the product, shall be limited to the
purchase price paid for the product.
LIMITATION
OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer
agrees that the Seller's total liability, for any other injury, harm,
or tort of any kind, whether foreseeable or unforeseeable, shall be
limited to the purchase price paid for the product.
LIMITATION
ON THE LIABILITY LIMITATION
Buyer
understands that some states do not allow limitation of liability.
SPECIFIC
DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS'
IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If
claims about results from using this product or if claims about income
or earnings resulting from the use of this product are made, such claims
are true for the persons who made the claims, including claims made
by the Seller about its own experience with the product.
However,
Buyer cannot simply rely on these statements as being duplicable by
Buyer because many factors affect results, including just dumb luck.
Some people buy this product to make money and, in fact, make
no money. Some people buy this product and
never read it or attempt to implement any of the moneymaking ideas.
Some folks seemingly take to it like a duck to water and can't
stop making money. Nothing promoted on this
website should be construed as a 'Get rich quick' scheme.
The products Buyer is buying to learn how to make money or products
that Buyer is buying to re-sell, have all been proven money-makers.
The income and earnings statements, if any, tend to reflect the
more successful cases and Buyer should not construe this as being the
'average' or usual success story. As is
true in much of life, real success usually requires real work.
Learning about the internet is not terrible work and it can produce
very livable income if Buyer is willing to learn his or her craft and
work at it steadily. Even part-time efforts
may bring in some extra money each month. But
it requires learning skills that Buyer may not have a background to
easily learn and will certainly require constant education and, perhaps,
even psychological motivation to keep Buyer directed toward his or her
goals.
If
the product Buyer is purchasing is a physical product promoted for a
particular purpose and if the promotional materials make claims about
the results from the use of this product, Buyer hereby warrants his
understanding that there exists some probability that the product will
not deliver those same results to any particular Buyer and that the
refund of the purchase price (subject to the return of the product to
the Seller) is the full remedy for any Buyer who feels the product did
not deliver the results claimed.
If
the product Buyer is purchasing is a membership or a product ‘plan’
that claims to produce specific benefits or results or that otherwise
involves a recurring fee, the Buyer has a right to terminate the membership
or ‘plan’ upon notice to the Seller.
In this case, the promotional materials describing the membership
and the ‘plan’ and the remedy for dissatisfaction shall
be controlling. If the promotional materials
say that part of a fee is not refundable, then it is not.
Where
this disclaimer and claims made in sales and promotional materials or
the product are in conflict, this Purchase Agreement shall be controlling
except, and unless, the Seller deliberately misled the Buyer or if such
construction would cause material inequity. The
sole burden is on the Buyer to substantiate any deliberate deception.
Buyer accepts the obligation to reimburse the Seller for all
court costs, investigation costs, attorney fees, and all litigation-related
costs in the event Buyer brings suit against the Seller and does not
prevail in court or at arbitration.
No
warranties are made whatsoever about the amount of money, if any, that
Buyer will earn from this material or product or service and Buyer warrants
an understanding that Buyer's only course of action is to test this
product and material for the extent of the refund period and request
a refund if Buyer is not satisfied prior to its expiration.
Buyer,
again, warrants an understanding that in any event, for any reason,
no matter the amount of damages claimed, as a material part of the consideration
for purchase of this product, the maximum amount of liability shall
be the purchase price of the product.
PRIVACY
POLICY
ACCEPTED
Buyer expressly accepts
the terms of the Privacy Policy of Seller's website.
TERMS
OF USE
ACCEPTED
Buyer expressly accepts
the Terms of Use of the Seller's website.
RIGHT
TO PUBLISH SUBMISSIONS
Buyer
agrees that Seller may publish for commercial purposes the full or partial
content of any and all communication with Buyer at the Seller's sole
discretion.
INDEMNIFICATION
Buyer
agrees to indemnify Seller for any and all damage that Buyer causes
by using the product or information contained on this website that results
in a damage award against the Seller.
RIGHT
TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer
agrees that Seller has the right to discontinue the product, the service,
the membership at any time without notice.
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 to protect information being inadvertently
provided to fake customers who may have intentions to harm the real
customer. The required identifying information
may include credit card info, social security numbers, notarized copies
of state issued id, or other id sufficient to allow our counsel to feel
comfortable about releasing information – in the event we elect
to divulge it at all. Additionally, this
purchase agreement, as part of the consideration required to purchase
from this website, requires that you agree to use the American Arbitration
Association exclusively in any claim arising from the Terms of Use,
Privacy Policy, or Purchase Agreement, and not the courts of the state
of California.
The customer also agrees, as part of the required consideration,
that any cause of action is presumed to have arisen in the city and
county of this business or website, not in the state of California,
unless the website is located there, and not in the jurisdiction where
the customer resides.
ARBITRATION
As
part of the consideration that the Sellers requires, Buyer agrees to
use binding arbitration for any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or otherwise) arising out of
or relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its forms
are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New
York, New York, 10017-4605.
Hearing will take place in the city or county of the Seller.
In
no case shall the Buyer have the right to go to court or have a jury
trial. Buyer will not have the right to
engage in pre-trial discovery except as provided in the rules; you will
not have the right to participate as a representative or member of any
class of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights
of appeal.
The
prevailing party shall be reimbursed by the other party for any and
all costs associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, travel expenses.
JURISDICTION
AND VENUE
If
any matter concerning this purchase shall be brought before a court
of law, pre- or post-arbitration, Buyer agrees to that the sole and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. In the
event that litigation is in a federal court, the proper court shall
be the closest federal court to the Seller's address.
APPLICABLE
LAW
Buyer
agrees that the applicable law to be applied shall, in all cases, be
that of the state of the Seller.
NOTICE
Buyer
herewith agrees to receive Notice of Changes, Litigation, Service of
Process, Cancellation, Termination, and Modification of service or product
at the email address provided to Seller on the ordering page.
Further, Buyer agrees that the right to contact Buyer concerning
legal notice shall not be terminated by previously submitted 'unsubscribed'
notices and specifically agrees that any notification to cease contact
shall not be binding upon the Seller in regards to Notice of Change,
Litigation, Service of Process, Cancellation of Product or Service or
Membership or Subscription, Termination of a program, product or website,
or Modification of the terms of service or product.
Additionally, the Buyer grants Seller irrevocable right to contact
him or her via mail or telephone concerning any of these issues irrespective
of other rights the Buyer has to sever contact with Seller.
COSTS
The
prevailing party to any arbitration or litigation will be entitled to
collect attorney fees and all other costs of the arbitration or litigation,
including filing fees, investigation fees, collection fees, and travel
expenses from the other party.
MODIFICATION
This
Purchase Agreement cannot be modified in any manner between the Seller
and this Buyer unless modifications are made in writing signed by both
parties. However, the Seller may modify
this Purchase Agreement at any time for other Buyers without notice
to the instant Buyer.
ENFORCEABILITY
OF PROVISIONS
In
the event that some provisions, terms, conditions of the Purchase Agreement
are held to be invalid or unenforceable, the remainder of the provisions
that are enforceable shall control. Additionally,
Buyer and Seller agree that, if any provision is found to be invalid
or unenforceable, the arbitrating panel will construe such provision
to the maximum extent that it might be found to be valid or enforceable.
WAIVER
OF BREACH
The
Seller's waiver (failure to enforce) any term of this agreement shall
not be construed as a modification or an amendment to this agreement
or constitute a waiver of other breaches.
SELLER
CONTACT INFORMATION
The
Seller of this product is:
Giraffa
Marketing LLC
9811 W. Charleston
Blvd.
Suite
2538
Las
Vegas,
NV 89117
support@UltraDogHealth.com
FINAL ACCEPTANCE
By
taking the affirmative step of purchasing of a product, service, or
membership, you, the Buyer, attest that you have fully read, understand,
and accept the terms of this Purchase Agreement contract, and warrant
to the Seller that said affirmative digital acceptance shall be deemed
to be the same as if you had affixed your signature to this Purchase
Agreement contract.
