Legal
Dislaimer
Notice --
Please Read This
WHEN YOU CLICK A PAYMENT LINK ON THIS WEBSITE, YOU,
THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED,
AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear
Valued Customer--
The
complete agreement that follows is – well –
designed by lawyers and is a requirement by law.
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.
The
legalese of this agreement is presented below.
Enjoy the read and –
Congratulations
on your choice.
We wish you every success!
Sincerely,
FreeCarSource.com
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.
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'.
However, in the event that the Buyer claims that
the product is defective, 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 strategies.
Some folks seemingly take to it like a duck to
water and become immediately successful.
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 getting paid to drive programs
can produce income if Buyer
is willing to be patient and work at it
steadily. 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
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.
Barton,
Vermont.
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:
FreeCarSource.com
doing
business as: FreeCarSource.com
PO Box
744
Barton, Vermont 05822
ncgwm@adelphia.net
FINAL
ACCEPTANCE
By taking the affirmative step of clicking any
order link on this website, 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.
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