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PURCHASE
AGREEMENT
NOTICE -- READ
THIS
WHEN YOU CLICK THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS DOCUMENT, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
This is a great product and we're sure you'll be happy that you got it. In fact, we
guarantee your satisfaction with our 60 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 60 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 60 days or more after the purchase date, 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 is - well - designed by lawyers. 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 on 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 56 days refund policy.
The legalese of this agreement is presented below. Enjoy the read and -
Congratulations on your choice. We wish you every success!
Sincerely,
WWW.PAINLESSTRAFFIC.COM
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 60 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 60 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 60 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 in CD
or printed format, and that the digital product may also be part of a service or a membership.
Additionally, the product, service or membership may come with the right to sub-license or
re-sell the product. However, unless specified in the sales and promotional materials and
unless all conditions are met, the Buyer has no license, permission or right to duplicated or
sell this product in any form or to sell it or distribute it whether for profit or not to any
person for any reason.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that the Seller requires as the
total price of the product. This consideration includes not only the purchase price, but other
obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By
accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact
from the Seller including email, mail, newsletters, product updates, product recall notices,
product improvements, telephone calls from the Seller and/or telemarketing organizations and/or
pollsters for the purpose of solicitation related to the instant product or any other product
or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from
others who have a commercial relationship with the Seller. Buyer agrees that all personal
information about the buyer or his or her buying habits and preferences, including address and
phone number, may be placed in a general database and agrees that this information may be
shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered
to sever contact with the Seller by notification using the 'unsubscribe' link in solicitations.
Moreover, the Buyer retains the right to refuse specific contact with some third party
solicitors and maintain it with others. The Buyer retains the right to have his or her name
removed from a general solicitation database. The Buyer's agreement to accept solicitation and
contact may be reduced, enhanced, limited or terminated by notification to anyone contacting
the Buyer. The burden is on the Buyer to prove that such communication was made to and received
by the person making contact. Buyer agrees that Seller is not liable for communications made to
the Buyer by parties unrelated to this purchase even though referred by the Seller. Buyer
accepts full responsibility for limiting unsolicited contact and Buyer understands that he
retains all rights to directly restrict communication or solicitation from any party including
the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all
information collected from, provided by or otherwise ascertained by electronic means from the
Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives
all right to access, retrieve, or control such information except that the Buyer retains the
right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide
information to the Seller and which are necessary for delivering an e-product and which will be
able to determine if you retain the right to access the product. Buyer understands that these
cookies or other computer codes will reside on the hard drive and will communicate at times
with the Seller's computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected
understand that, unless custom duties are collected at the point of sale by the Seller, the
Buyer remains responsible for payment of custom duties and taxes at the time the product is
received. If it should happen that the Seller's courier or freight account is charged for
custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby
authorizes the Seller to bill the Buyer's credit card for said charges or for the return of
goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online
Privacy Act, of legal age to enter into contractual agreements in the state in which he is
present when he makes this purchase, and is the true and authorized owner of the credit card
used to make this purchase. Any Buyer who violates any of these requirements may be liable for
civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent
of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information
collected by this website may be used for prosecution and may be turned over to law enforcement
agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the
Seller, he authorizes each and every credit card company or merchant service provider to
disclose to the Seller all information that could be construed as proof of credit card
fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card
herewith gives authorization for the Seller to access all credit information about the Buyer
from credit reporting agencies and also authorizes the Seller to discover all relevant
information from any source about the fraudulent practices of the Buyer and to reveal such
information to credit reporting agencies, credit card companies, merchant service providers,
and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a
fraudulent dispute claim that results in a chargeback against the Seller's account, that the
Seller is authorized to re-charge the Buyer's credit card that was used for the original
purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual
damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every
separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product is sold 'as is' without warranty or guarantee of any kind, either express or
implied, including no warranty as to merchantability or fitness for a particular purpose. The
Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' There is a 60
days 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 60 days from the
date of the order. During this 60 days period, the Buyer may request and will receive a refund
for any reason. During this 60 days period, Buyer may request a replacement product in lieu of
a refund but Seller is under no obligation, for any reason, to do anything more than refund the
purchase price.
If the sales or promotional material conflict with this "as is" warranty, then the sales and
promotional material are herewith incorporated and shall be controlling. However, in no case,
shall the warranty period be construed to be longer than the refund period.
If the Buyer is purchasing a membership in this site, the terms of membership as specified
in the solicitation materials are controlling.
If the Buyer is purchasing, through this site, a product, including membership, that is to
be provided by a third party, the Buyer must look to the third party for additional warranties
or guarantees, and understands that the warranties available through this site, if any are
offered or construed, are extremely limited, restrictive, and short.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not
limited to, ingestion of or application to Buyer's person, the use of the product personally or
in business, all taxes and regulations applicable to this product, all legal compliance issues
related to this product. Buyer warrants an understanding that the Seller is disclaiming all
liability from harm of any kind or nature caused directly or indirect from this product. Buyer
agrees, as part of the consideration required to purchase this product, to carefully review and
test this product during the refund period and to immediately request a refund if the product
is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product
disclaims all liability for the product or damages resulting from use or installation or
reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing
others to use this product. Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the product itself that is
unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable
damages resulting from the purchase or use of this product or from subsequent contact with
Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this
product, or no matter what damage may be allegedly or actually caused by the use of this
product, or no matter the harm or damage that may result directly or indirectly from the
purchase of this product, for any reason whatsoever, that the absolute maximum extent of
Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims
liability for all damage to Buyer's person or business by using this product, including harm to
buyer's computer hardware or software from worms, viruses, or other defects in the product or
computer codes that cause harm. Seller disclaims liability for Buyer's interaction with Third
Party soliciting agents who were provided 'leads' by the Seller. Seller disclaims liability for
Buyer's interactions with advertisers on the site. Seller disclaims liability for Buyer's
interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for erroneous product content that
causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to
others from use of the product, shall be limited to the purchase price paid for the
product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other injury, harm, or tort of any
kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the
product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES
AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings
resulting from the use of this product are made, such claims are true for the persons who made
the claims, including claims made by the Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because
many factors affect results, including just dumb luck. Some people buy this product to make
money and, in fact, make no money. Some people buy this product and never read it or attempt to
implement any of the moneymaking ideas. Some folks seemingly take to it like a duck to water
and can't stop making money. Nothing promoted on this website should be construed as a 'Get
rich quick' scheme. The products Buyer is buying to learn how to make money or products that
Buyer is buying to re-sell, have all been proven money-makers. The income and earnings
statements, if any, tend to reflect the more successful cases and Buyer should not construe
this as being the 'average' or usual success story. As is true in much of life, real success
usually requires real work. Learning about the internet is not terrible work and it can produce
very livable income if Buyer is willing to learn his or her craft and work at it steadily. Even
part-time efforts may bring in some extra money each month. But it requires learning skills
that Buyer may not have a background to easily learn and will certainly require constant
education and, perhaps, even psychological motivation to keep Buyer directed toward his or her
goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose
and if the promotional materials make claims about the results from the use of this product,
Buyer hereby warrants his understanding that there exists some probability that the product
will not deliver those same results to any particular Buyer and that the refund of the purchase
price (subject to the return of the product to the Seller) is the full remedy for any Buyer who
feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product plan' that claims to produce
specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right
to terminate the membership or plan' upon notice to the Seller. In this case, the promotional
materials describing the membership and the ?plan' and the remedy for dissatisfaction shall be
controlling. If the promotional materials say that part of a fee is not refundable, then it is
not.
Where this disclaimer and claims made in sales and promotional materials or the product are
in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller
deliberately misled the Buyer or if such construction would cause material inequity. The sole
burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation
to reimburse the Seller for all court costs, investigation costs, attorney fees, and all
litigation-related costs in the event Buyer brings suit against the Seller and does not prevail
in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn
from this material or product or service and Buyer warrants an understanding that Buyer's only
course of action is to test this product and material for the extent of the refund period and
request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the
amount of damages claimed, as a material part of the consideration for purchase of this
product, the maximum amount of liability shall be the purchase price of the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the Seller's website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the full or partial content of
any and all communication with Buyer at the Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the
product or information contained on this website that results in a damage award against the
Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the product, the service, the
membership at any time, subject only to the 60 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 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:
Pacifica Marketing Group, Inc.
3639 Midway Dr B-200
San Diego, Ca 92110
FINAL ACCEPTANCE
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance
box, and the purchasing of a product, service, or membership, you, the Buyer, attest that you
have fully read, understand, and accept the terms of this Purchase Agreement contract, and
warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same
as if you had affixed your signature to this Purchase Agreement contract.
This "Purchase Agreement" is copyrighted 2011 by Pacifica Marketing Group, Inc., and is
fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your
website, contact support@quickstartexpert.com for licensing
information or this website
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