TERMS OF USE & 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 90
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 90 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 90 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 90 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,
Marathon Marketing, Inc.
5348 Vegas Drive #669
Las Vegas, NV 89018
Phone: 800-837-7393
support@marathonmarketinginc.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 90 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 90 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 90 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
90 days refund period. Period.
However, in the event that the Buyer claims that the
product is defective, the sole remedy to the Buyer is to accept a replacement
product or a refund. The period for the Buyer to determine if the product is
defective and request a replacement or refund is 90 days from the date of the
order. During this 90 days period, the Buyer may request and will receive a
refund for any reason. During this 90 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 90
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.
