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D. L. GRAHAM &
ASSOCIATE
PURCHASE AGREEMENT
For and in consideration
of the proper amount of payment having been made to the third
party payment processor for D. L. Graham & Associate and this
web site, 4 Step Easy Profit System, you as the buyer hereby
state your understanding of this purchase agreement which is a
contract between you, the “buyer” and D. L. Graham & Associate
and this web site, 4 Step Easy Profit System, the “seller.”
PURPOSE OF THIS
AGREEMENT
The purpose of this
agreement is to define and establish the exact product or
service that you are purchasing or have already purchased. The
product that you have purchased or that you are purchasing may
be ‘digital’ in nature meaning that it is NOT a
‘physical’ product but simply ‘electrons’ that you are
purchasing or that you have purchased to download into your
computer at which time you may then print out any documentation
that you may have received or install the product in the case of
‘software’ onto your computer for personal usage.
You, as the ‘buyer’
also acknowledge that the product that you are about to purchase
or that you have already purchased may be comprised of different
and varying items (i.e. digital, CD or in printed format). Your
product or service may also contain rights that have been
granted to you, the ‘buyer’ by the author or creator of your
product or service allowing you to re-sell this product or
service to others. Any such rights will be a part of the product
or service that you have purchased or will be purchasing and
have not been granted to you by D. L. Graham & Associate and
this web site, 4 Step Easy Profit System. We have no control or
authority to change any rights that have been granted to you by
the author or creator of the product or service that you have
purchased or that you will purchase.
Unless we, the ‘seller’,
D. L. Graham & Associate and this web site, 4 Step Easy Profit
System, have specified in any sales material provided or that
the author or creator or copyright holder of the product or
service that you have purchased or that you will purchase has
stated otherwise, you have no legal rights to replicate and or
sell this product or service no matter what format, whether for
profit or for non-profit to any other person or entity.
30 DAY REFUND
WARRANTY
D. L. Graham &
Associate and this web site, 4 Step Easy Profit System grants to
you, the ‘buyer’, a 30 day refund warranty. This 30 day refund
warranty will commence immediately upon the downloading of the
product or service that you have purchased or will purchase from
this site.
During this 30 day
refund warranty period you will insure to yourself the
suitability of this product or service for the intended use that
you have planned.
If, during this 30 day
refund warranty period you request a refund of the purchase
price of the product or service that you have purchased, D. L.
Graham & Associate and this web site, 4 Step Easy Profit System
will refund your purchase price or at your discretion, replace
your product with a new one, but ONLY if you
inform D. L. Graham & Associate and this web site, 4 Step Easy
Profit System of any damage of merchandise or your request for a
refund AND provide evidence of the date that you
acquired the product or service and the invoice number from your
payment statement.
RISKS
YOU, THE BUYER, ASSUME
ALL RISKS ASSOCIATED WITH THE INSTALLATION AND USE OF THIS
PRODUCT OR SERVICE. IN NO EVENT SHALL THE AUTHORS, CREATORS OR
COPYRIGHT HOLDERS OF THIS PRODUCT OR SERVICE, OR D. L. GRAHAM &
ASSOCIATE AND THIS WEB SITE, 4 Step Easy Profit System BE LIABLE
FOR CLAIMS, DAMAGE OR OTHER LIABILITY ARISING FROM, OUT OF, OR
IN CONNECTION WITH THE PRODUCT OR SERVICE. YOU, THE BUYER, ARE
SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE
AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT
LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT,
LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR
INTERRUPTION OF OPERATIONS.
You, the ‘buyer’
further acknowledge and agree that we, the ‘seller’ of the
product or service that you have purchased or that you are
purchasing, claim no responsibility from any kind of harm or
damage that may be caused to you either directly or indirectly
by your use or misuse of this product or service.
THIS PRODUCT OR SERVICE
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY,
PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. FURTHER, D. L. GRAHAM & ASSOCIATE AND THIS
WEB SITE, 4 Step Easy Profit System DOES NOT WARRANT THAT THIS
PRODUCT OR SERVICE WILL ALWAYS BE AVAILABLE.
You, the ‘buyer’
further acknowledge and understand that your sole remedy is a
refund of any monies paid for this product or service if a
request for such refund has been made within the granted 30 day
refund warranty period as stated in the sales material of our
web site or within this purchase agreement.
GUARANTEES
D. L. Graham & Associate
and this web site, 4 Step Easy Profit System the ‘seller’, makes
no guarantees implied or expressed as to the usability or
fitness of use of the product or service to you the ‘buyer’ of
such product or service.
You, the ‘buyer’
acknowledge that D. L. Graham & Associate and this web site, 4
Step Easy Profit System shall not be liable to you, the ‘buyer’
for any lost data, or any damages either incidental or
consequential related to your use of this product or service
IN NO EVENT WILL D. L.
GRAHAM & ASSOCIATE AND THIS WEB SITE, 4 Step Easy Profit System
BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE USE OR THE INABILITY TO USE THIS PRODUCT OR
SERVICE 0EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY
CLAIM BY ANY OTHER PARTY.
ERRORS AND
OMISSIONS
Although every attempt
has been made to insure that the information provided within the
product or service that you have purchased or that you are
purchasing is correct, neither the authors, creators or
copyright holders of this product or service, or D. L. Graham &
Associate and this web site, 4 Step Easy Profit System is
responsible and will not accept any responsibility for any
errors or omissions whether they be intentional or un
intentional.
We also want to insure
that you, the ‘buyer’ understand that D. L. Graham & Associate
and this web site, 4 Step Easy Profit System, the authors or
copyright holders of this product or service are not engaged or
engaging in the practice of rendering legal advice, accounting
advice or any other professional service to you. If you, the
‘buyer’ require any legal, accounting or other professional
services, then these services should be sought out from
competent professionals.
WARRANTIES
THIS IS A LIMITED
WARRANTY AND IT IS THE ONLY WARRANTY MADE TO YOU BY D. L. GRAHAM
& ASSOCIATE AND THIS WEB SITE, 4 Step Easy Profit System. EXCEPT
AS PROVIDED BY THIS LIMITED WARRANTY TO THE MAXIMUM EXTENT
ALLOWED UNDER APPLICABLE LAW, THE PRODUCT OR SERVICE THAT YOU
HAVE PURCHASED OR THAT YOU WILL PURCHASE IS PROVIDED “AS IS” AND
D. L. GRAHAM & ASSOCIATE AND THIS WEB SITE, 4 Step Easy Profit
System MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY AND EXPRESSLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE KNOW OR HAD REASON
TO KNOW OF YOUR PARTICULAR NEEDS. NO EMPLOYEE, AGENT, DEALER OR
DISTRIBUTOR OF OURS IS AUTHORIZED TO MODIFY THIS LIMITED
WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES IN OUR BEHALF.
SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
PURCHASE AND
PAYMENT ACKNOWLEDGEMENT
You, the
‘buyer’ acknowledge that you are over the age of 18, not subject
to the Child Online Privacy Act (COPA) and further, that you are
of legal age to enter into a contractual agreement within your
state of residence at the time of this purchase.
You, the ‘buyer’, also
understand and agree that you may be in one of those locations
that require custom duties and or VAT taxes to be paid upon your
purchase of this product or service. These custom duties and VAT
taxes may or may not be collected at the time of your purchase
of this product or service. Even if these custom duties or VAT
taxes are not collected at the time of purchase of this product
or service, you, the ‘buyer’, still remain responsible for such
payments. If these payments are charged to the seller by the
delivery agent of the product or service that you have purchased
or that you are purchasing, you hereby agree and authorize the
seller to bill your credit card for any and all charges involved
or for the return of any goods that have been refused at the
destination point.
If you are making this
purchase utilizing a credit card, you acknowledge, agree and
avow that you are the authorized owner of the credit card that
you are attempting to make this purchase with and acknowledge
and further understand that by violating any requirement
pertaining to such use of this credit card you may become liable
for civil and criminal prosecution. If there is any attempt to
perpetrate fraud upon the seller of this product or service it
is understood and agreed upon by the holder of the credit card
used that the seller receives the right to access any and all
credit information pertaining to the buyer from any and all
credit reporting agencies and from any other source that the
seller has reason to believe my have information relevant to
this fraudulent use and to further transfer this information to
any merchant service providers, any law enforcement agency or
any credit reporting agencies.
You further agree that
should you receive more than 1 refund that was obtained by
fraudulent means that results in any chargeback to the seller
account, then seller is authorized to re-charge the credit card
used by you, the ‘buyer’ to the extent necessary that the
sellers account will no longer be in arrears that were the
direct result of such fraudulent chargeback.
PURCHASE
AGREEMENT NOT TO RESIDENTS OF CALIFORNIA
By your
purchasing a product or service from D. L. Graham & Associate
and this web site, 4 Step Easy Profit System, you are hereby
voluntarily entering into a contract that may possibly either
restrict or eliminate entirely any rights that you may posses
under the California Online Privacy Protection Act of 2003
(OPPA).
Under the Privacy Policy
and this Purchase Agreement of D. L. Graham & Associate and this
web site, 4 Step Easy Profit System, you are waiving any right
to view or modify the content of our database that may contain
information about you.
You are further waiving
any right to compel D. L. Graham & Associate and this web site,
4 Step Easy Profit System to divulge when, how or to whom your
information has been or may have been or may be divulged to any
third party.
If, in the event that
D. L. Graham & Associate and this web site, 4 Step Easy Profit
System should at its sole discretion decide to release any
information to you, you must positively, beyond any refute
provide information to us that will insure that you are in fact
the person that you are claiming to be. The information that we
may require from you and the information that you must provide
us with to establish your identity may take the forms of your
valid credit card information, social security number, copies of
any state ID documents that have been properly and legally
notarized or other forms that we may request from you. This is
required to satisfy us and our council that information that me
be released, if in fact we do release this information at all,
is being done so safely.
This method of
requiring positive identification from you is to insure that
your information is only released to you as a customer of this
site and that no other party may access it illegally.
As a further
consideration that is required for your ability to purchase any
product or service from D. L. Graham & Associate and this web
site, 4 Step Easy Profit System, you must agree to the use of
the American Arbitration Association in any claim that may arise
from the Terms of Use, Privacy Policy, Anti-Spam Policy,
Earnings Disclaimer, Copyright or Purchase Agreement Policies of
D. L. Graham & Associate and this web site, 4 Step Easy Profit
System exclusively.
By your use and
continued use of this web site and by your purchase of products
or services provided by D. L. Graham & Associate and this web
site, 4 Step Easy Profit System you acknowledge and agree that
you have freely waived any rights you may have to any state or
federal court to resolve any and all claims and complaints and
agree to use the service of the American Arbitration Association
as located within the City of Houston, County of Harris, State
of Texas in the United States of America.
MODIFICATIONS
You, the
‘buyer’ acknowledge and agree that this purchase agreement may
not be modified in any manner between you, the ‘buyer’ and we,
the ‘seller’ except and unless these modifications to this
purchase agreement are made in writing and signed by both buyer
and seller.
You, the ‘buyer’
acknowledge and agree that this purchase agreement may be
modified by the seller in relationship to other purchasers at
any time without notice to you.
AGREEMENT
ENFORCEMENT
If during
the life of this agreement any provisions, terms or conditions
should be determined to be unenforceable by a competent court of
jurisdiction, then the remainder of this agreement that are
fully enforceable shall remain.
The sellers failure to
enforce any provision, term or condition of this agreement shall
in no way be construed as a modification to or constitute any
waiver of any other term, provision or condition of this
agreement.
RECOURSE
This
agreement and your use of this site are governed by the laws of
the State of Texas. You, the ‘buyer’, have no right to a court
hearing or any jury trial pertaining to any dispute or claim of
any type no matter what form it may be in that may arise from
your purchase of this product or service. If any dispute should
arise under this Purchase Agreement you agree to first try and
resolve this dispute with the help of a mutually agreed upon
mediator in the following location: City of Houston, County of
Harris, State of Texas, United States of America.
This mutually agreed
upon mediator and all proceedings involving this dispute will be
conducted according to the rules as set forth by the American
Arbitration Association in effect on the date that this dispute
is submitted for mediation.
The prevailing party in
any such mediation shall be entitled to reimbursement from the
other party of expenses incurred. These expenses shall consist
of but not be all inclusive of attorney fees, collection fees,
any investigation fees, travel expenses including food and
lodging or any other fees that can be substantiated.
BUYER’S
ACKNOWLEDGEMENT
You, the
‘buyer’, by making your purchase of this product or service as
evidenced by the sales receipt that you received from our third
party payment processor hereby acknowledge and agree that you
have read and fully understand your rights as provided to you in
this Purchase Agreement.
JURISDICTION
You, the
‘buyer’, acknowledge and agree that the law applicable to this
agreement is and shall always be that of D. L. Graham &
Associate and this web site, 4 Step Easy Profit System which is
the State of Texas.
Should any matter in
relationship to this Purchase Agreement be brought before a
court of law, you, the ‘buyer’, agree that the only jurisdiction
shall be in the City of Houston, County of Harris, State of
Texas, United States of America.
NON-USE AGREEMENT
You, the
‘buyer’, hereby acknowledge and agree that we, the ‘seller’, may
at any time discontinue selling this product, discontinue any
affiliate program that may be in place or discontinue any
customer support of this product or service that you, the
‘buyer’ have either already purchased or are purchasing, without
any notice to you.
ACCEPTANCE
AGREEMENT
When you click on the
purchase button for this product or service, you are hereby
acknowledging that you have read and that you fully understand
and further that you accept these terms of this Purchase
Agreement and you further acknowledge and agree that this
digital acceptance is the same as if you had actually physically
signed this agreement.
POLICY CHANGE
NOTICE
D. L. Graham
& Associate and this web site, 4 Step Easy Profit System
reserves the right to change or modify this policy at any time
without notice to you.
It is your
responsibility to check this page periodically for any changes
or modifications that may have been made.
Your continued use of
our site following the posting of any changes to these terms
will mean that you accept these changes and modifications.
This policy was last
updated on: December 16, 2006 |
