| Dear
Valued Customer-
We
are confident you’ll be well pleased with your purchase. In
fact, we guarantee your satisfaction with our 30 day no hassle,
no-questions-asked, refund policy as described on our website.
No matter what happens, you’ve got up to 30 days from invoice
date to examine your art.
If
you’re not delighted, just ask for a refund according to the
instructions in “Our Policies”.
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, 30 day refund
policy.
The
legalese of this agreement is presented below. Enjoy the read
and – Congratulations on your choice. We wish you many years
of enjoyment!
Gratefully,
American
Artist Collections
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 day 'no questions
asked' 100% 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 day 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 day 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 day 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 day period, the Buyer
may request and will receive a refund for any reason. During
this 90 day 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 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.
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: Palo Alto
County, Iowa. 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:
American Accounts
Service Corp.
PO Box 65
Ruthven, IA 51358
sales@aartistcollections.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.
These forms are
copyrighted. Internet Law Compliance © 2003 Mining Gold
Corporation and IP Management, LLC and are licensed for use
by a single domain. Contact support@internetlawcompliance.com
for licenses for multiple domains, which are available at a
very reasonable price.
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