Secret
Traffic Reports
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
29 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
29 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 29 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 29 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.SECRETTRAFFICREPORTS.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 29 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
29 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 29 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 29 days 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 29 days from the date of the order. During this 29 days period,
the Buyer may request and will receive a refund for any reason.
During this 29 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
29 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
admin@secrettrafficreports.com
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 2003-2009
by Mining Gold Corporation and Nevada Processing Center, Inc
(888) 214-3349, and is fully licensed for use by this website.
If you wish to lawfully use this Terms of Use on your website,
contact support@internetlawcompliance.com for licensing information
or this website