NOTICE: CAREFULLY READ THIS WHEN YOU CHECK OUT AT SportsNutritionDynamically.com. AS YOU ARE ABOUT TO PAY FOR YOUR PRODUCTS, YOU ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer,
All products sold from this website are downloadable, so you get to download and use them after you READ this PURCHASE AGREEMENT, after making payment, and after the Thank You page is displayed, containing download links to the Products you purchased today. These are great products and you will be happy that you bought them. Because these products are from various authors and software companies, they are sold “as is”. The original creators of these downloadable products must be contacted with any concerns. Because there is no secure way for you to return a downloaded product, as you will possess them when they are downloaded to your computer, refunds are not given. However, if the software will not install due to a corrupted; file, simply send an email to Info@SportsNutritionDynamically.com with the date of purchase/download and what is happening in the installation process, and a fresh copy of that product will be sent to you, attached to an email. Also, if you cannot use a product for one reason or another, and would like to exchange that product for another one on this website, simply send an email to Info@SportsNutritionDynamically.com to arrange the switch, including the date of your purchase and with the uninstalled program files that you downloaded on that date attached to the email. Indicate which substitute product you want, and it will be sent to you as an attachment to an email. Since most products are priced at Discount Prices, there is no need for a refund transaction. The honor system will be used in this case. Only one substitution of a previously-sold product will be allowed per customer, and the period during which a replacement/substitution may be done is 30 days from the original date of sale.
The PURCHASE AGREEMENT that follows was designed by lawyers. It lays out the rights and duties of Info@SportsNutritionDynamically.com and your rights and duties as well as various disclaimers and limitations of liability. But let’s cut to the chase. Whatever claims and promises are made in the product materials are the responsibility of the respective creators of the products, for which this Website may own “Private Label Rights”. Enjoy the read, and congratulations on your choice of outstanding tools and resources available through SportsNutritionDynamically.com.
THIS PURCHASE AGREEMENT IS A CONTRACT. THE CONTRACT GIVES YOU CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THE CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND, WARRANTY, AND THAT LIMIT THE LIABILITY OF THE SELLER. YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT DO BUSINESS WITH YOU, OR SELL YOU A SERVICE OR PRODUCT, AND YOUR ORDER WILL NOT BE PROCESSED. YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT IS 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.
The product, service or membership referenced herein is sold “as is”, since it is not the creation of this Website. The original creator of these downloadable products must be contacted with any concerns. Because there is no secure way for the Buyer to return a downloaded product, as the Buyer will possess the product when it is downloaded to their computer, refunds are not given. However, if the product will not install due to a corrupted file, the Buyer may request a replacement by simply sending an email to Info@SportsNutritionDynamically.com with the date of purchase/download and what is happening in the installation process. Upon receipt of such a replacement request, and upon validation by the Seller, a fresh copy of the defective product shall be sent to the Buyer, attached to an email. Also, if the Buyer cannot use a downloaded, purchased product, for one reason or another, and would like to exchange that product for another one of equal value on this Website, the Buyer may simply send an email to Info@SportsNutritionDynamically.com indicating the new desired product to arrange the substitution. The date that the Buyer purchased/downloaded the original product must be included, and the uninstalled program files that were downloaded on that date must be attached to such email by the Buyer. Upon verification, the Seller shall send to such a Buyer who has requested a substitution in the product for which the Buyer has already paid, the desired new product, attached to an email. Only one (1) product switch per customer shall be allowed. All defective product replacements or product substitutions shall not require any financial transaction, since the new product is of the same value as the originally-purchased product. The Buyer understands that all rights to view the product and all license or resale rights terminate when the product is returned for a replacement/substitution. Selling of a product in which you have no ownership interest or resale license rights is a crime as well as a breach of this agreement.; Making replacements or substitutions to the Buyer, as specified above, is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer further warrants that he or she will make a determination during a 30-day period after the original date of sale of a product by the Seller, as to whether 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 30-day period, Buyer agrees that the Seller may construe that silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or replacement or substitution 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. 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. Buyer agrees to, in addition to actual damages, 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 replacement/substitution 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 substitution. 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 receipt of the order by the Buyer. During this 30 day period, the Buyer may request and will receive a replacement/substitution only if the original product was defective or cannot be used for a good reason. During this 10 day period, Buyer may request a replacement product in lieu of a substitution, but Seller is under no obligation, for any reason, to do anything more than replace the product. 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 replacement/substitution 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 Website, 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 PRODUCTS
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 duplicatable 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.
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.
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 30 day 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
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.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
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 at PayPal. 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.
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.
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 MONEY TECH, INCORPORATED, dba Wanna Buy It, a Utah corporation, doing business at:
SportsNutritionDynamically.com (among other sites) from the physical address of 2565 Stonehaven Loop, Lehi, UT 84043
By taking the affirmative step of checking out at SportsNutritionDynamically.com, 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.
By checking out at Info@SportsNutritionDynamically.com, you accept this PURCHASE AGREEMENT and agree that you will pay the balance due in your Shopping Cart as consideration for receiving the Products ordered therein by downloading them from the THANK YOU page of SportsNutritionDynamically.com which will be displayed upon completion of your payment.