Purchase Agreement with
respect to eBooks
Notice – Please Read This
WHEN YOU PURCHASE THE E-BOOK, YOU, THE
BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY
UNDERSTAND THE TERMS OF THIS AGREEMENT.
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 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 material 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 following products and programs are bound
by the refund policy as stated below.
-
That's
Customer Focus (e-book only),
-
That's Customer Focus-The Series (e-book
only)
-
The Customer
Focus Companion (e-book only)
-
TTB Management Development System
-
TTB Employee Development System
-
Management Training by The Book I and II
(e-book only)
When you purchase
or subscribe to these products you also get a 60 day money
back guarantee which is as follows: .
"ClickBank sells these products - they are
a trusted online retailer specializing in digitally delivered
products.". ClickBank will, at its option,
replace or repair any defective product within 60 days from the date
of purchase. After 60 days all sales are final. ClickBank does
reserve the right to alter or revise its return policy at any time."
This policy
applies when you:
1. Have purchased the respective
e-book from www.cantrainonline.com at the regular listed price.
2. Have a valid order/confirmation number
for above purchase.
3. Have not previously requested a refund.
4. Have not requested a charge-back refund
or placed a ‘stop/do-not-pay’ hold on check payments.
5. Have not purchased the respective e-book/online
training subscription using affiliate links owned by the Buyer or
Buyer’s company(s).
All money back refunds must be approved by
company officers and are subject to rigorous scrutiny to prevent
fraud. Approval of refunds are at the sole discretion of the
company officers. All money back guarantees will be processed
with 8-12 weeks of request.
FURTHER DESCRIPTION OF THE PRODUCT,
SERVICE OR MEMBERSHIP
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 the
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 termination 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 chargers 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 perpetuate 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.’ There is a
30 day refund 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 30 days from the date of the order.
During this 30 day period, the Buyer may request and will
receive a refund for any reason. During this 30 day 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 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 claim, including claims made by the Seller
about its own experience with the product.
However, Buyer cannot simply rely on these
statements as being duplicated by Buyer because many factors
affect results, including just dumb luck. Some people buy this
product to eliminate their personal debt, and in fact, do not
eliminate their debt. Some people buy this product and never
read it or attempt to implement any of the debt elimination
ideas. Nothing promoted on this website should be construed as
a ‘Get rich quick’ scheme. The product Buyer is buying to learn
how to eliminate his or her personal debt.
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 debt the Buyer will eliminate by following the plan in
From Debt to Wealth. The 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, subject only to the 30 day 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.
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 province 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 or 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 Training Bank
69 Beech Ave. Toronto, Ontario
Canada M4E 3H3
FINAL ACCEPTANCE
By taking the affirmative step of
purchasing the product, you, the Buyer, attest that you have
fully read, understand, and accept the terms of this Purchase
Agreement contract.
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