Purchase Agreement

NOTICE -- Read This Now!

YOU,THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF USE, THE PRIVACY POLICY, THE REFUND POLICY AND THE TERMS OF THIS PURCHASE AGREEMENT.

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 and RETURN POLICY

The 30-day money back guarantee applies only to products and does not apply to installation services, development, customization, consulting or other services.

If your purchase was for installation services, there are no refunds due once we have logged into your server. It is the responsibility of the buyer to insure they are using approved hosting service BEFORE purchasing installation services. Once we log into your server, the fee is fully earned, and refunds are not available.

Once we have begun work on your project all fees are fully earned. There are no refunds on services.

The products referenced herein is sold with a *30-day money back guarantee, some restrictions apply.  If the product is other than an e-product or digital product, the product must be returned, at Buyer's expense, during the refund period to the shipping address provided with the product.   Only the price of the product and any applicable taxes are refundable.  Original shipping charges are not refundable.  The burden is on the Buyer to prove that the product was in fact returned to the address.   All returns require a Return Merchandise Authorization (RMA).   Returns not accompanied with an RMA are disallowed and will not be granted.  No refunds are due on products that do not have an RMA.   All requests for returns / refunds e must be noticed to the contact address located at the end of this Purchase Agreement.  

If the product is a digital or e-product, a request for refund must be initiated through the standard customer support ticketing system within the refund period. Requests for refund not initiated prior to the end of the refund period will not be honored. Refund requests initiated other than through the Support Desk, including attempted charge-back prior to a refund request, will not be honored. All refund requests must contain the following information: Name and email address used at purchase, item purchased, Transaction ID, and ISNID if available. Refund requests that do not contain the required information will be delayed.

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.  The Buyer understands that all digital products must be removed from his hard drive and destroyed and notice of this action must be sent to the seller.

Buyer understands that all physical products which were shipped to the address provided by the Buyer must be returned to the Seller in new resalable condition. Abuse of the product is grounds to deny the refund.  Selling or giving away of a product in which you have no ownership interest or resale license rights is a crime as well as breach of this agreement.

Buyer understands that no refunds are given for payment of recurring subscriptions or so-called continuity programs. Buyer's only recourse in case they no longer wish to participate in the monthly subscription program is to cancel the subscription at least three days prior to the next bill date. All subscription payments are considered due and payable and fully earned on the anniversary of the subscription. Subscriptions end at midnight of the anniversary date of the subscription.

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-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 30-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. Buyer agrees to contact Seller for a refund and to give Seller a reasonable time of not less than ten days to respond prior to contacting the merchant bank and starting a charge-back process.

A Return Merchandise Authorization request form is included with all packages that are sent to the Buyer. You must complete the RMA form and fax it to the fax number below.

Buyer understands that if the purchase was for services, there are no refunds due once we have begun work on your project. It is the responsibility of the buyer to insure they are using approved hosting service BEFORE purchasing installation services, customization, development or other services. Once we log into your server, the fee is fully earned, and refunds are not owed. Although we may, at our discretion cancel the project and refund fees paid.

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.

Buyer further agrees that in case of software, the license is for use only on sites owned by the buyer and may not be distributed to others. The license may or may not have a limitation as to the number of sites each license can be used on and in no way is the Buyer given a license to use the software on the sites of Buyer's clients or customers or friends or family. Buyer understands that allowing anyone else to use the software may void the license and to do so would be considered a breach of the license. Buyer understands that Seller retains the right to cancel the subscription and revoke the license should Buyer be found to be in breach of such license. If license is revoked due to breach, Buyer understand that no refund is due, irregardless whether such breach is less than the 30-day refund period.

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 taxes, customs duties, VAT, fees, shipping and other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forgo.  By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant product or any other product or service.  Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller.  Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties.  However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations.  Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others.   The Buyer retains the right to have his or her name removed from a general solicitation database.  The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer.   The burden is on the Buyer to prove that such communication was made to and received by the person making contact.  Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Seller.  Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer.   The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product.  Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller's computer and thereby transmit and receive information.

Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received.   If it should happen that the Seller's courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state or country 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 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. 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 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, with the exceptions as noted above.  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. In no case shall the Seller's liability be more than the selling price of the product.

If the Buyer is purchasing a membership in this site, the terms of membership as specified in the solicitation materials are controlling.

If the Buyer is purchasing, through this site, a product, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.

ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product.  Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from this product.  Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.

LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason.  Buyer alone accepts full responsibility for allowing others to use this product.  Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with Seller or Third Parties.

Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be an amount no greater than the purchase price of the product.

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by the Seller.  Seller disclaims liability for Buyer's interactions with advertisers on the site.  Seller disclaims liability for Buyer's interaction with other visitors or members of the website.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.

LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.

SPECIFIC DISCLAIMERS AS TO RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If the Buyer is purchasing 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.

Buyer understands that in case he terminates his membership or requests a refund that all services and associated benefits shall also be terminated.

If the Buyer is purchasing 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.

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 may experience by using the product or information contained on this website that results in a damage award against the Seller.

RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time, subject only to the 30-day Refund and Return Policy, without notice.

Buyer understands that the Seller may discontinue affiliate programs under the terms of the affiliate program.

Buyer understands that Seller may change the way in which customer service is handled at any time without notice to Buyer, including but not limited to charging for such service, even if promotional materials say that customer service is free. There is a limit of 30 minutes of support for all free and / or trial products. Additional customer support may be purchased at the current rates which may or may not be posted on the website. Other limits on customer support apply.

Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.

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 reasonable 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 that the sole and proper jurisdiction to be Louisville, Kentucky, USA as declared in the contact information of the website owner unless otherwise here specified.

In the event that litigation is in a federal court, the proper court shall be the closest federal court to Louisville, Kentucky.

APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of Kentucky, county of Jefferson.

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 may be modified at any time with notification to the buyer when such modification is made. 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.

Abuse or misapplication of the product voids the guarantee.

**Shipping charges will not be reimbursed for international shipments which are refused by the recipient.  It is the responsibility of all international customers to understand all duties, fees and taxes which might be incurred in customs before placing an order.

CONTACT INFORMATION

Intellispire, LLC
3175 So. 2nd, Suite 234
Louisville, KY 40208
USA
Phone/Fax: 1-877-341-1796

COPYRIGHT AND LICENSE

This legal document is copyrighted by Mining Gold Corporation and IP Management, LLC and is fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your website, send an email to and request licensing information for Compliance Documents.