Purchase Agreement
Purchase Agreement
Notice -- Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF
THIS AGREEMENT.
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".
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full purchase price for this
product that the Seller requires. 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 for the purpose of
solicitation related to the purchased 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.
However, Buyer shall at all times be fully empowered to sever contact
with the Seller by notification using the 'unsubscribe' link in
solicitations. The Buyer retains
the right to have his or her name removed from a general solicitation
database. 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 understands that cookies may 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.
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.
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.
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.
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.
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.
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 to 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
Terms of Use, Privacy Policy, or 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.
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.
SELLER CONTACT INFORMATION
The Seller of this product is:
Stirred Water Herbs
307 Old S. Durham Hgwy
Acra, NY 12405
askdrjudi@stirredwater.com
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product, 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.