When you complete your purchase, you, the buyer, are claiming that you have read, accepted, and fully understand the terms of this agreement, including the “no refunds” policy on all one-time or recurring fees, with no exceptions.
This agreement is a contract between you (the “Buyer”) and Heman Smith and Associates, LLC (the “Seller”). 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.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is the 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.
This product is sold ‘as is’ without warranty or guarantee of any kind. 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.
COPYRIGHT NOTICE AND RESTRICTIONS ON USE
Seller retains all right, title and interest in and to the entire content of any materials purchased (whether print, audio, video, or otherwise). All such materials, including but not limited to all content, information, media and materials, design, text, images, photographs, illustrations, audio and video material, media files, art, graphics, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any associated documentation, and all copyrightable or otherwise legally protectable elements are the sole and exclusive property of Seller.
As the purchaser of the particular product or services, Seller authorizes the Buyer to use that single copy of the item or items so purchased solely for Buyer’s non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. Buyer may not alter, delete or conceal any copyright or other notices contained on the materials. Buyer may not reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party copies of any materials purchased from Seller without prior written consent. Any unauthorized or prohibited use, including use in contravention of this Purchase Agreement, may subject Buyer to civil liability, criminal prosecution, or both.
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 indirectly 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.
Many of our courses offer a refund policy. If you complete the exercises and action steps assigned within the first 30 days of the course or courses in which you are enrolled, and they to meet your expectations, you can request, in writing, a full refund your tuition. Some courses do not have refund policies and all sales are final. The sales policy will be clearly stated on the page promoting the course and the corresponding order form. All requests must be sent to firstname.lastname@example.org.
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. 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.
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.
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
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.
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.
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.