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.
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 day no-hassle, no-questions-asked, 100% refund
policy as described on our website.
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.
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 day refund policy.
of this agreement is presented below.
Enjoy the read and –
on your choice. We wish you every
Mexican & Barbecue Recipes
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.
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".
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
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation
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
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.
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.
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.
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
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
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
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, 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
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. 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
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.
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.
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:
Doing business as Mexican & Barbecue Recipes
CMR 470, Box
APO, AE 09165
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
These forms are
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