Legal Notices, Terms of Service, Privacy Statement,
Purchase Agreement, Disclaimers, etc.
Detailed
www.AustralianCattleDogs.com.au
and Big Bang Promotions & Marketing
(hereafter called "Company" or "Companies")
Notice:
This offering is a contract between you, Buyer, and our company, Seller.
These same terms apply for all transactions, communications, etc, online
and offline alike. You need to read them carefully, as, under the terms
stated in this "Legal Notices" you hereby give your irrevocable
"implied consent" to these terms. You cannot participate in
any manner without agreeing with these terms in whole. By electing to
participate in this offer, you are entering into a contract. You do
not have to participate in any offer we make.
By
viewing, using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition of the
website to allow his lawful viewing, Visitor forever waives all right
to claims of damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or extensive,
whether physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
Visitor agrees that in the event he causes damage, which the
Website is required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
Visitor
agrees as a condition of viewing, that any communication between
Visitor and Website is deemed a submission. All submissions, including
portions thereof, graphics contained thereon, or any of the content
of the submission, shall become the exclusive property of the Website
and may be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only communicate
that information to the Website, which it wishes to forever allow the
Website to use in any manner as it sees fit. "Submissions"
is also a provision of the Privacy Policy.
No
additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived
as a condition for permission to view or interact with the website.
As
an inducement to Companies to provide materials on the Internet or other
methods, by using this site, inquiring from us, reading our materials,
or purchasing products or services from us, you agree to these terms
and conditions. Please make sure you read this section carefully and
understand the terms and conditions herein.
You
explicitly agree, should you do any work for Big Bang
Promotions & Marketing and www.AustralianCattleDogs.com.au or associate companies,
that all work is "done for hire" and that company(s) own ALL
RIGHTS to any products, advertising materials, websites, etc...
By
use of any information and hyperlinks (collectively called "Materials"),
or purchase of any products or services (collectively called "Products")
communicated through this Internet Web site, listserver, e-mail server,
e-commerce processor, autoresponders, domain name server (collectively
called "Service"), or any and ALL contacts or transactions
offline or online, you hereby acknowledge, and agree to the following:
Companies
and our dealers, associates, speakers, joint venture partners, agents
and licensors expressly do not make any warranties, including, without
limitation, guarantees of income, warranties of fitness for a particular
purpose, as well warranties of accuracy, completeness, currentness,
noninfringement, merchantability with respect to the Service, the Materials,
or the Products provided or offered here.
While
attempts have been made to render information to high journalistic standards,
neither the Author, Publisher, nor any speaker or participant makes
any claims, promises, or guarantees about the accuracy, completeness,
or adequacy of the information contained in this book, any other book
audio, video or related products or linked to or referred to. We do
not assume, and hereby specifically disclaim, any responsibility for
errors, omissions, contrary interpretation, or any other matter related
to the subject matter and its rendering herein.
All
statements are made relying on sources believed to be reliable. The
earnings and income claims speakers, presenters, authors, copywriters,
customers, clients, and others make are believed to be true, but were
not verified. Your results will vary.
Neither
we nor any of our dealers, associates, joint venture partners, speakers,
agents and licensors shall be liable for any direct, indirect, incidental,
punitive, or consequential loss, damage or injury of any kind whatsoever
in connection with the Site, Products, or Services, even if advised
on the possibility of such damages. Be advised: this includes accusations
of spamming and unsolicited commercial email. Under no circumstance
is Big Bang Promotions & Marketing and www.AustralianCattleDogs.com.au
and associated companies responsible for any alleged or proven default
on the part of any provider, author, speaker, expert, supplier, or joint
venture partner in any manner.
In
no case shall our liability, as well as the liability of our dealers,
associates, agents and licensors, if any, arising out of any kind of
legal claim (whether in contract, tort or otherwise) in any way connected
with the Site, the Service, the Material, or the Products, exceed the
total dollar amount you paid us or our dealers, associates, agents and
licensors.
All
websites, products, and services are provided "as is" "with
all faults" without warranty of any kind, express or implied, including,
but not limited to the implied warranties of merchantability and fitness
for a particular purpose. Our company(s) does not warrant, guarantee,
or make any implications, regarding the use, or the results of the use
of the websites, reports, books, products, and services, in the terms
of accuracy, reliability, currentness, or otherwise. The entire risk
as to the websites and performance of the websites, copy, reports, products,
and services are assumed by you. If the websites, products, or services
are defective in any way, you, not company and associates, assume the
entire risk of all necessary repair, servicing, or correction.
This
is the only warrant of any kind, including express and implied, made
by our company. No oral or written information, copy, or advice given
by our company shall create a warranty or in any way expand scope of
this warranty, and you may not rely on such information or advice to
do so.
With
every product, service, program, bootcamp, recommendation, etc, reasonable
efforts have been made to accurately represent it and it's potential.
Even though this industry is one of the few where one can write their
own check in terms of earnings, there is no guarantee that you will
earn any money using the techniques and ideas in these materials. Examples
in these materials are not to be interpreted as a promise or guarantee
of earnings. The law suggests we tell you any results are atypical.
Earning potential is entirely dependent on the person using our product,
ideas and techniques. We do not purport this as a “get rich scheme.”
Your
level of success in attaining the results mentioned in our materials
depends on the time you devote to the program, ideas and techniques
mentioned, your finances, knowledge the efforts you make, and various
skills. Even luck could be involved. Since these factors differ according
to individuals, we cannot guarantee your success or income level.
Materials
in our product and our website may contain information that includes
or is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our opinions, expectations, or forecasts of future events. You
can identify these statements by the fact that they do not relate strictly
to historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,” “potential,” “intend,” “plan,” “believe,”
and other words and terms of similar meaning in connection with a description
of potential earnings or financial performance, including the statement
“you can do it too.”
Any
and all forward looking statements here or on any of our materials or
websites are intended to express our opinion of earnings potential.
Many factors will be important in determining your actual results and
no guarantees are made that you will achieve results similar to ours
or anybody else's, in fact no guarantees are made that you will achieve
any results from our ideas and techniques in our material. In fact,
because most people do nothing with the knowledge and materials they
receive, they receive nothing; statistically it is likely you’ll fit
into the same category. One thing for sure, higher or lower, your results
will vary.
You assume full responsibility for adherence to any and all applicable
laws and regulations, including federal, state and local, governing
professional licensing, advertising, business practices, and all other
aspects of doing business in Australia, the United States or any other
jurisdiction in the world. Any Materials, Products, and offerings are
void where prohibited by law. Under no circumstance is anything written
or spoken to be construed as a representation of the income you will
make or a guarantee of income. We make NO GUARANTEES OF INCOME.
All
statement, stories, research findings, etc, are derived from sources
believed reliable. While all ordinary due diligence attempts have been
made to verify information provided, in any publication of any nature
Companies make or offer, including books, manuals, cassettes, videos,
letters, websites, etc, neither Author, Publisher, nor Companies assume
any responsibility for errors, omissions, or contrary interpretation
of the subject matter herein. We provide information products only.
Any earnings or income claims of outside parties have not been verified
and are believed true; they may not be representative of your experience.
You may do better or worse. Your results will vary. Any perceived slights
of specific persons, peoples, organizations, or practices is unintentional.
Participant
hereby releases Companies, the Program and the Principals and Speakers
from, and agrees and covenants that participant will not sue same or
take any action on account of any and all claims or causes of action
in connection with the Companies, Program, Products, etc, and, in no
event shall Participant contact any governmental agency whatsoever,
and doing so is an express, immediate, and demanding termination and
cancellation of any agreements between parties - voiding every transaction,
making it impossible to seek any refund or transaction, and participant
shall not hold any Course, the Companies, Program or the Principals
or Speakers be liable for any punitive damages, incidental or consequential
damages whatsoever. Companies entire liability, and the purchaser's
exclusive remedy, shall be a refund of the price paid, or a replacement
of the product(s), at our option. We limit all refunds and replacements
to 30 days, unless otherwise expressly stated in a specific product
offering. All remedies are limited to Australia. Participant acknowledges
that the limitations of its remedies provided for herein do not fail
of their essential purpose and that it is not unconscionable for the
Course, the Program and its Principals to seek and obtain such limitations
of its and their financial exposure to the Participant. To the contrary
- Participant hereby acknowledges it is sound, good, defensive business
practice to seek limitations of exposure, and hereby expressly agrees
to same.
Participant
hereby agrees to and does indemnify Companies and any Course, the Program
and its Principals and holds them, and each of them, harmless from and
will defend them against any and all claims, judgments, liabilities,
expenses and damages (including attorney’s fees and costs) arising out
of or in connection with any breach by Participant of its obligations,
agreements of covenants hereunder, and, any acts or omissions by Participant,
its agents, representatives and employees whatsoever. 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. Any and all claims and actions arising out of the Program,
this document, or otherwise, shall be exclusively arbitrated in Echuca
Court, State of Victoria (or the closest available location), in accordance
with the then prevailing Rules & Regulations of the applicable governing
Australian Law association or body, which proceedings shall be final
and binding, and strictly confidential. Neither the existence of such
proceedings or the results thereof shall be disclosed to any third party,
unless expressly required by law.
“This
publication (and all publications released or marketed by Companies)
is designed to provide general information in regard to the subject
matter covered. It is sold with the understanding that the publisher
is not engaged in rendering legal, accounting, or other professional
services. If legal, accounting, or other professional services are required,
the services of an independent professional should be sought. From a
declaration of principles jointly adopted by a committee of the American
Bar Association and the committee of the Publisher’s Association.”
The
purchaser or reader of all publications assumes full responsibility
for the use of said materials and information, including adherence to
all applicable laws and regulations, federal, state, and local, governing
professional licensing, business practices, advertising, and all other
aspects of doing business in Asutralia, the United States or any other
jurisdiction in the world. No guarantees of income are made. Publisher
reserves the right to make changes. You do not have to accept these
terms, you can reject any offer we make and leave the site, return the
product for a refund, cancel all mailings, etc. Be advised: the Author,
Publisher, and Companies assume no responsibility or liability whatsoever
on the behalf of any purchaser or reader of these materials.
Appropriate
Use of Services
Companies
provide certain Services, and make no effort to edit, control, monitor
or restrict the content of data other than as necessary to provide such
Services. You are responsible for your own content.
You
agree that you will not distribute, electronically transmit or display
any materials in connection with use of Companies’ Services which: violate
any state, federal or foreign laws or regulations; infringe on any intellectual
property rights (e.g., copyright, trademark, patent or other proprietary
rights) of any party; are defamatory, slanderous or trade libelous;
are threatening or harassing; are discriminatory based on gender, race,
age – this included NO pornography of any kind; that promote hate; that
violate any Companies’ policy posted on Companies’ Site; or contain
viruses or other computer programming defects which result in damage
to any party.
No
"Spam". You shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution lists to any person
who has not given specific permission to be included in such a process.
You shall not engage in any unsolicited email practices in relation
to Companies’ services, equipment, materials, etc.
Termination.
Companies may, in Companies’ sole discretion, immediately terminate
any agreement, license, or service without remedy if you engage in any
of the foregoing or if you violate any terms of service in any manner.
You are hereby advise that you have no recourse.
Trademarks
All
trademarks or registered trademarks are property of their respective
owners. Usage of other trademarks is only for illustrative, educational,
or entertainment purposes, without intent to infringe. Any such trademark
usage does not constitute endorsement by Companies, or any of its dealers,
associates, affiliates, licensors.
Copyright
Unless where indicated otherwise, copyright for all materials ©
www.AustralianCattleDogs.com.au, all rights reserved worldwide. By submitting unsolicited
Material submitted through the Service or to any email, you agree that
such material enters our copyright, unless indicated or agreed upon
otherwise, and can and may be used in Companies’ educational and marketing
efforts..
No
translation or reproduction, either electronically or mechanically,
permitted except in cases where previous express permission has been
granted which includes full and proper credits, without express written
permission from Companies. Any violation of our copyrights, patents
or trademarks will be quickly prosecuted to the fullest extent of the
law.
Privacy
Statement
For
each visit to our Web site, our Web server automatically recognizes
only the visitor's IP address, but not the e-mail address, unless the
visitor volunteers their e-mail address.
We
electronically collect the e-mail addresses of those who post messages
to our discussion forums, of those who complete online web forms, of
those who communicate with us via e-mail, of those who make postings
to our chat areas.
We
aggregate information on what pages and other resources users access
or visit, as well as user-specific information on what pages users access
or visit, and information volunteered by the user, such as survey information,
web form content and/or site registrations.
The
information we collect is used to improve the content of our Web site,
used to notify users about updates to our Web site and used by us to
contact user for marketing purposes target to users' specific needs.
If
you do not want to receive e-mail from us in the future, please let
us know by responding to any system e-mailing by clicking on the link
at the bottom. This will remove your e-mail address from our databases
and Web site. This also includes removal from e-zine mailings.
We
respect your privacy. We do not share or rent our email or mailing list
information with other companies or marketers. We specifically disclaim
responsibility for accidental or intentional misuse of information by
ourselves or any 3rd party. Also we may disclose information when we
are legally compelled to do so or to protect site owner's rights.
If
you supply us with your email or any other contact info or address you
may receive periodic mailings from us with information on new products
and services or upcoming events. You hereby certify you express OPT-IN
permission to the same. If you do not wish to receive such mailings,
please let us know by responding to the remove link included with each
system e-mailing. You will be removed promptly.
PERSONS
OR PARTIES COVERED
This
Privacy Policy is intended to cover all visitors to this website, all
subscribers to lists or newsletters whether paid or unpaid, all members
or affiliates whether paid or unpaid, and all customers. Persons who
visit or view this website, whether intentionally or unintentionally,
whether solicited or unsolicited, are described herein as "Visitors"
and are parties to this Privacy Policy. Subscribers to lists or Newsletters
are referred to herein as "Subscribers" and are parties to
the Privacy Policy. Persons who join an organization or marketing endeavor
(e.g. "affiliates") promoted by this website are called "Members"
herein and are covered by this Privacy Policy. Finally, anyone who orders,
attempts to order, or receives a product sold (recipients) or advertised
on or delivered from this website, even at no cost, is called a "Customer"
herein and is subject to this Privacy Policy not only by passive acceptance,
but by virtue of the Purchase Agreement contract. The website, its agents,
owners, operators, and employees are referred to collectively herein
as "Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In
the event that a person excluded from this website because of the Terms
of Use or from denial of service by the website, who nonetheless unlawfully
views this site, that person remains subject to the terms of this Privacy
Policy and is in violation of the Terms of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This
website is not lawfully accessible to persons under the age of 18 or
who are otherwise covered by the provisions of the Child Online Privacy
Act of 1998 (COPA). If you are under the age of 18 you must leave this
site immediately. Fraudulent use of this website may make you subject
to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE
OF THE TERMS OF THIS POLICY
Acceptance
of the terms of this Privacy Policy is a portion of the consideration
required for your right to visit the website. If you do not accept these
terms, you have no right to visit this site and you are fraudulently
using this site.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS
USED
This
website routinely collects information about its visitors, subscribers,
members, and customers. This information is obtained in various ways,
such as:
VISITOR,
SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
Registration
means that the Visitor, Subscriber, Member or Customer takes active,
positive steps to communicate information to this website. This can
include pages or 'pop ups' where you register for a newsletter or subscribe
to a mailing list; it can include your participation in visitor surveys;
it can include requesting information from the website via email, mail,
or courier; it may be from joining an affiliate program or other membership
organization, paid or unpaid; it may be from ordering a product.
Occasionally
complete credit card information may be provided to the website via
fax or a fill-in form rather than regular secure merchant service processing.
This information is kept at the highest level of security and is never
divulged to anyone except the merchant service provider or for the purpose
of communication with the customer.
ONLINE ORDERING
Online
ordering via SSL encrypted communication provided by shopping cart services
supporting merchant service companies like Visa and Master Card provides
information to the website but does not provide complete credit card
numbers. Online ordering via SSL encrypted communication provided by
the website and payment gateway service companies for Visa and Master
Card provides complete credit card details to the website for the transaction
to be processed. In the process of online ordering, the customer also
provides, name, address, city, state, email address, phone number, CVV2
(back of card) number, and, occasionally a member password. You should
consider all this information available to the website. This information
is used to deliver the product, but under the Purchase Agreement you
also approve its use for general solicitation purposes.
VISITOR
EMAIL INQUIRIES
Website
visitors who wish to communicate with the website do so under two conditions:
one, they give their permission for contact by the website; two, they
are subject to any ‘submission’ provisions of the Terms of Use, Purchase
Agreement, or this Privacy Policy. While your email address may or may
not be used to solicit you, it is added to the website's general solicitation
database.
CUSTOMER
EMAIL OR TESTIMONIALS
If
you are a customer and send an email to the website, or if you communicate
with the site by phone or mail, the website collects information about
your communication and by communicating with the site you give your
permission to collect, archive, retrieve, and otherwise use any information
collected as the site sees fit.
Any
communication which, in its sole discretion, the site deems to be a
testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS,
OR SITE ADVERTISERS
Visitors
clicking on banners or pop-ups or hyperlinked advertising, appearing
on this website must assume that information is being collected about
them. This site is not responsible for the use of information collected
in such a fashion. Visitors must assume that (1) information will be
collected, (2) that ‘cookies’ will usually be placed on their hard drive,
(3) that website does not have any control over what happens with this
information, (4) that website takes no responsibility over the accuracy
or content of advertisers, (5) that website is not responsible for downloads
from third party advertisers that contain viruses or worms or other
computer code that causes their computer or software harm, and (6) that
website assumes no responsibility for the data that is garnered from
the click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If
you send a friend an email from this site or if you send the url or
one of our web pages to a friend, you must assume that some data is
collected about your IP address or your email address and that of your
friend. You must assume that referred emails or web pages may appear
to come from your email. You must accept fully responsibility for referring
pages or email to a friend and agree to indemnify this site for any
damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless
otherwise specified in the survey, you must assume that any information
provided to the website as part of a survey in which you participate
may be used for general solicitation for commercial purposes and that
such information will be shared with joint venture partners, affiliates,
marketing organizations or used by the site itself for product design
or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many
websites, including this one, collect information about your computer,
your email address, your IP address. You must assume that your web-viewing
or web-use activity is monitored, tracked, and information collected.
This information is not usually of a personal nature, but it may help
define your viewing habits and product preferences even though the website
may or may not have any idea who you are.
"Cookies"
is web jargon for bits of computer code placed on your hard drive. Websites
use this to keep you 'logged in', to keep track of search criteria,
to monitor use, to password protect use of the site or use of products
sold by the site. Cookies can also be used to obtain information about
your computer configuration or your use of your computer.
Cookies
can be used to electronically gather information about you. Again, it
may or may not be personal information, but it is information and by
using this site you are expressly giving permission to use 'cookies'
and to use the information gathered from their use to benefit you. You
also give permission to collect, archive, retrieve, and use any information
collected for product design, product offers to you, and general commercial
solicitation purposes by this site or joint venture partners, affiliates,
and marketing organizations.
HOW
INFORMATION MAY BE USED
The
use of information as described below may or may not be how information
that is collected is customarily used by this site. While actual use
of any information collected may be used quite conservatively, you must
assume that it is not. You must assume that information collected is
shared with other persons or entities for commercial purposes. While
this is uncommon in practice, you must assume that it is as you make
your decision whether or not to view or interact with this website.
This type of shared information may include your name, address, phone
number, email address and buying habits, as well as other information.
This information may be used for general commercial solicitation by
this website or other persons it is sold to, rented to, or shared with.
INFORMATION
THAT IS NOT SHARED
Credit
card information or other financial information is not usually known
to the website. However, in the event that it is made known, that information
is never revealed to anyone except to processing authorities or law
enforcement agencies. However, the provider of such information gives
express permission to use it in fraud investigation or for litigation.
BULLETIN
BOARDS AND PUBLIC FORUMS
Visitors,
subscribers, members, or customers who use any site provided bulletin
boards or other public forums, such as chat rooms, do so at their own
risk. You may not assume that the site monitors these services or protects
you in any manner from information you post publicly or share with anyone
else via these services.
SPAM
By
providing to this website information that forms the basis of communication
with you, such as an email address, you waive all rights to file complaints
concerning unsolicited email or spam from this website since, by providing
such information, you agree to receive communication from us or other
marketing organizations. However, all email communication with you shall
contain an 'unsubscribe' link where you may notify the website that
you no longer wish to receive solicitations or information from the
website and your name will be removed from the general solicitation
database.
DATA
SECURITY
This
website takes measures to protect its data that contains information
related to you. However, as a consideration for viewing this site or
interacting with this site in any manner, you waive all claims of any
nature against this site concerning the loss, alteration, or misuse
of information. You must assume that it is possible for your personal
data to be obtained by others, such as "hackers," and used
in an inappropriate manner that may cause you harm and that you agree
that the site is not responsible for damages to you.
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.
QUESTIONS,
COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to: Legal@BBPMOnline.com
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This
Privacy Policy is dynamic. It will continually change. You may not assume
that it remains the same and you agree to check the policy each time
you visit the site for changes. Unless, in the sole opinion of the website,
this policy changes so drastically as to suggest a posted notification
on the site or via email, you will receive no notification of changes
to this Privacy Policy nor, under any circumstances, does this site
promise notification. Your continued use of this site always evidences
your acceptance of the terms this Privacy Policy or any modifications.
Changes
in Legal Terms of Use
These
terms of use are subject to change at any time, without notice. All
changes to these Terms of Use are published here; we encourage you to
check back often for the latest version of this page. Publisher reserves
the right to make changes. You hereby agree all changes are retroactive
to include all previous encounters and transactions.
General Provisions
Product prices and availability: The price charged for every
product sold under this program will be determined by Companies according
to pricing policies. In case of any price discrepancies, the price charged
to the customer will always be the price listed on webpage. Product
availability can change, and Company will present the best information
available to all sponsoring sites and its clients regarding course availability.
Website service interruption: Companies will make every effort
to keep their website(s) operational. However, certain technical difficulties
may, from time to time, result in temporary service interruptions. Customer,
Client, Prospect, Surfer, Participant agrees not to hold Companies liable
for any of the consequences of such interruptions.
Miscellaneous: Big Bang Promotions & Marketing in addition
to its own business, does all business for and on behalf of www.AustralianCattleDogs.com.au. From time to time Companies and individuals or
other companies enter into agreements. Parties hereby agree that said
individuals and companies are independent contractors and nothing in
this agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or employment
relationship between the parties. Participant shall not assign this
Agreement, by operation of law or otherwise, without the prior written
consent of Companies. Subject to the foregoing restriction, this agreement
is binding upon, insures to the benefit of and is enforceable by the
parties and their respective successors and assigns. Titles are used
here as guidelines, and have no legal significance, and cannot be cited
as evidences. This agreement is written in Australian and American English,
which is to be the official language of the contract's text and interpretation.
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.
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.
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 Legal Notices, Purchase Agreement, Terms
of Use / Service, and Privacy Policy, 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.
Construction
and Interpretation. This agreement shall be governed and construed by
the laws of the State of Victoria, Australia. The situs for all actions
is Echuca, State of Victoria, Australia. All provisions of this Agreement
are intended to be interpreted and construed in a manner to make such
provisions valid, legal and enforceable in a court of law. If, for any
reason, a provision is declared illegal or unenforceable, the remainder
of this Agreement shall not be affected thereby and shall be interpreted
so as to give full effect to the intent of this Agreement. The provisions
of this Agreement shall be enforceable notwithstanding the existence
of any claim or cause of action of Companies against Individual/company
or against Individual/company, whether predicated on this Agreement
or otherwise.
Assignment.
Company may assign its rights under this Agreement and this Agreement
shall inure to the benefit of the successors and assigns of Company,
and shall be binding upon Affiliate Partner, its heirs, executors, administrators,
guardians, and permitted successors and assigns. Affiliate Partner may
not assign its rights or obligations under this Agreement without the
advance written consent of Company, which consent may be withheld or
conditioned by Company in its sole discretion.
Entire
Agreement and Amendment. This Agreement represents the entire understanding
of the parties with respect to the specific matter of this Agreement
and supersedes all previous understandings, written or oral, between
the parties with respect to the subject matter. Headings are for convenience
only, and not for interpretation of Agreement. Failure by Company or
Affiliate Partner to insist upon the other party's compliance with any
provision in this Agreement shall not be deemed a waiver of such provision.
Company(s)
reserves all rights not herein expressly granted.
YOU
ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A "WRITING", YOU
ARE FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS AGREEMENT,
HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU
SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.
YOU
AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED
UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL
NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS
THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY
SIMILAR THEORY.
YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
ANY OFFER, IN THIS AGREEMENT, THAT WE MAY HAVE "MIGRATED"
OFFERS, OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE.
YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF RESPONDING TO ANY OFFER,
PURCHASING ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING ANY
WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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