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Page 7 of 7 AlleWest Consolidated, LLC"Website Purchase Agreement"THIS PURCHASE AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT, YOU RECEIVE CERTAIN RIGHTS DUE YOU AS THE BUYER (REFERRED TO HEREIN AS “THE BUYER”) FROM ALLEWEST CONSOLIDATED, LLC (REFERRED TO HEREIN AS “THE SELLER”), AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU AS THE BUYER. 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 SELL A SUBSCRIPTION PLAN 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, referred to herein as "SELLER," and you, the prospective purchaser, referred to herein as "BUYER". The recipient of the subscription herein sold, where said subscription 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 one of three subscription plans described in promotional or sales materials or on the AlleWest website, www.AlleWest.com (referred to herein as “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 subscription that is the subject matter of this Purchase Agreement. This bundle of offerings, which may include additional items promoted on the order page, shall, together, be termed “Subscription” throughout this agreement but the word “Subscription” 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 subscriptions referenced herein are sold as individual installments, and billed to the Buyer on a monthly basis. If the Buyer does not contact the Seller during the current subscription period (where “subscription period” is defined as beginning the first day of the calendar month and ending the last day of the calendar month), Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the current subscription period with no further right of redress for any reason due the Buyer.
Furthermore, if Buyer is not satisfied with the subscription plan purchased, the refund issued by AlleWest Consolidated, LLC shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
FURTHER DESCRIPTION OF THE SUBSCRIPTION PLANS Buyer warrants an understanding that the subscriptions may actually be comprised of different elements. For example, copies of sales scripts and examples of signage content may be shared in both DVD and printed formats, and that unlimited access to audio downloads may be the responsibility of the Buyer. Additionally, unless specified in the sales and promotional materials and unless all conditions are met, the Buyer has no license, permission or right to distribute, duplicate or sell any elements of this subscription in any form during the subscription period, or to use, distribute, duplicate or sell any elements of this subscription whether for profit or not to any person for any reason at the termination of the subscription.
RIGHTS AND OBLIGATIONS OF THE BUYER The Buyer must pay the full consideration for the subscription that the Seller requires as the total monthly price of the subscription. 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 and improvements, and/or telephone calls from the Seller for the purpose of solicitation related to the subscription or any other product or service. Buyer agrees that while all personal information about the Buyer or his/her buying habits and preferences, including address and phone number, may be placed in a general database, Seller agrees that this information WILL NOT be shared, rented or sold to third parties. The 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/her name removed from AlleWest’s general database. Buyer understands that he/she retains all rights to directly restrict communication or solicitation from 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 subscription, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
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 subscription is received.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES Buyer warrants that he/ 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/she is present when he/she makes this purchase, and is the true and authorized owner of the credit card used to make this purchase.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he/she 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/she uses trickery to receive more than one refund, or if he/she 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 Subscription plans are 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.' When the Buyer is purchasing a subscription from, or to post to, this Website, the subscription terms specified in the sales/solicitation materials are controlling.
ASSUMPTION OF RISK Buyer agrees to accept all risk associated with the use of this subscription, including but not limited to, ingestion of or application to Buyer's person, the use of the subscription personally or in business, all taxes and regulations applicable to this subscription, and all legal compliance issues related to this subscription. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this subscription. Buyer agrees, as part of the consideration required to purchase this subscription, to carefully review this subscription and to immediately terminate same if it is not satisfactory to Buyer.
LIMITATION OF LIABILITY AND DISCLAIMER Buyer warrants an understanding, as required consideration, that the Seller of this subscription disclaims all liability for the subscription or damages resulting from use or installation or reliance upon this subscription for any reason. Buyer alone accepts full responsibility for allowing others to use this subscription. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the subscription 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 subscription or from subsequent contact with Seller.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this subscription, or no matter what damage may be allegedly or actually caused by the use of this subscription, or no matter the harm or damage that may result directly or indirectly from the purchase of this subscription, for any reason whatsoever, that the absolute maximum extent of Seller's liability shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
Buyer agrees and understands that Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this subscription, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the subscription or computer codes that cause harm. Seller disclaims liability for Buyer's interaction with other visitors or members of the Website.
LIMITATION OF LIABILITY FROM ERRONEOUS SUBSCRIPTION CONTENT Buyer agrees that the Seller's total liability, even for erroneous subscription content that causes damage to the Buyer, shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE SUBSCRIPTION Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the subscription, shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
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 amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
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/PROMOTIONAL MATERIALS OR SUBSCRIPTIONS If claims about results from using this subscription or if claims about income or earnings resulting from the use of this subscription 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 subscription.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results. Most Buyers buy this subscription to make money and, in fact, make no money. Some Buyers buy this subscription, never read the newsletters, never participate in the weekly conference calls, and never attempt to implement any of the marketing techniques. Some Buyers follow the marketing strategies, put in the hard work required, and make money.
The subscription plans promoted on this Website will not make you wealthy overnight. The subscription plans offered and sold to Buyers were developed to teach others how to successfully market rent-to-own properties, and the techniques have all been proven to be successful money-makers in current market situations. The income and earnings statements, if any, will reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success stories. If the Buyer is willing to implement the marketing strategies that are shared, to hone his/her sales skills and to work at moving properties steadily, the Buyer will enjoy financial success. Even part-time efforts may bring in extra money each month. But moving properties on a rent-to-own basis requires learning skills that the Buyer may not have the background to easily duplicate, and will certainly require ongoing practice and education to keep the Buyer’s efforts directed and focused.
As the subscription plan the Buyer is purchasing involves a recurring fee, the Buyer has the right to terminate the subscription upon notice to the Seller. In this case, the promotional materials describing the subscription and the remedy for dissatisfaction shall be controlling. As the promotional materials say that fees are not refundable, then they are not.
Where this disclaimer and claims made in sales and promotional materials or the subscription 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 subscription and Buyer warrants an understanding that Buyer's only course of action is to test this subscription and material contained therein for the extent of thirty days, and that if Buyer is not satisfied prior to the expiration of the thirty-day subscription, then Buyer will not purchase further thirty-day, monthly subscriptions.
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 subscription, the maximum amount of liability shall be limited to the amount equivalent to a single, monthly purchase price paid for the subscription or maintenance fee, and will always exclude the non-refundable website setup fee.
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 subscription or information contained on this Website that results in a damage award against the Seller.
RIGHT TO STOP SELLING SUBSCRIPTION Buyer agrees that Seller has the right to discontinue the subscription programs at any time without notice.
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 purchase of this subscription, 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, 10th Floor, New York, NY 10017-4605. Hearings 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; Buyer 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 but not limited to, attorney fees, collection fees, investigation fees and 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 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. Plainfield, Illinois, Will County. 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 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. Additionally, the Buyer grants Seller irrevocable right to contact him/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 and 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 and 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 subscription is:
AlleWest Consolidated, LLC Laura Ries 2001 Kingsbury Estates Drive Plainfield, IL 60586
FINAL ACCEPTANCE By taking the affirmative step of checking the "I Accept" Acceptance Box on the AlleWest Order Form, and the purchasing of a subscription, 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 complete Purchase Agreement contract.
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