Purchase And Refund Agreement

Purchase And Refund Agreement

Notice -- Read This

WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND
THE TERMS OF THIS AGREEMENT. WHICH INCLUDES A ZERO REFUND
POLICY. THAT IS NO REFUNDS ARE OFFERED.

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 referenced herein is sold with no refund.

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 may 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.

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
PRODUCTIf 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.

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 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:

Massimo D'Amico
Via XXIV Maggio 11/12 -- 31044 Montebelluna (TV) - Italy
thebesttrafficofyourlife@cheapnet.it

FINAL ACCEPTANCE By taking the affirmative step of 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 © 2003-2006 by Mining Gold
Corporation and Nevada Processing Center, Inc (888) 214-3349, and is fully
licensed for use by this website.