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. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS ARE
OFFERED.
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 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.
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.
REFUND POLICY
The product referenced herein is sold with no refund.
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 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.
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.
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 indirecty 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 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 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 results claimed.
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 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.
INDEMNIFICATION
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 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.
ARBITRATION
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 terms of use
issues.
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. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to the Seller’s address.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
NOTICE
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.
COSTS
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.
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.
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 breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
The Triumphant Soul, Inc
7964 Brooklyn Blvd., Ste 150
Minneapolis, MN 55445
support@triumphantsoul.com
FINAL ACCEPTANCE
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.
This “Purchase Agreement” is copyrighted © 2003-2008 by Mining Gold Corporation and Nevada Processing
Center, Inc, and is fully licensed for use by this website. If you wish to lawfully use this Purchase
Agreement on your website, contact support@internetlawcompliance.com for licensing information or visit
legal documents website.. http://www.internetlawcompliance.com