Notice -- Read This
WHEN YOU CLICK TO ORDER ANY OF OUR PRODUCTS,
YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND
FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer--
We have great products and we're sure you'll be
happy with whicherver one you get. In fact, we guarantee your
satisfaction with a time specific no-hassle, no-questions-asked,
100% refund policy as described on our website. Each product has
its own guarantee.
No matter what happens after you get this product,
if not time is listed, you have at least 30 days to examine it,
use it, and try it. If you're not delighted, just ask for a 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.
The legalese of this agreement is presented below.
Enjoy the read and -
Congratulations on your choice. We wish you every
The staff at MortgageBrokerTraining.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
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
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.
The product, service or membership referenced herein
is sold with a time limited and product specific '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 time limited, product specific 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 time limited product specific
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
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.' 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 different for each product, the minimum being 30
days from the date of order. During this period, the Buyer may
request and will receive a refund for any reason. During this
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
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
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
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
Buyer expressly accepts the terms of the Privacy
Policy of 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.
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
Buyer agrees that Seller has the right to discontinue
the product, the service, the membership at any time, subject
only to the 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
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.
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
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. Jurisdiction to be Houston Texas.
In the event that litigation is in a federal court, the proper
court shall be the closest federal court to the Seller's address.
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 Seller.
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.
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
SELLER CONTACT INFORMATION
The Seller of this product is:
Kamrock Publishing LLC a Texas Corporation
doing business as MortgageBrokerTraining.com
1034 Hayden Creek Dr. Sugarland, Tx 77479
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
of Use] [Contact