WHEN YOU COMPLETE YOUR PURCHASE, 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 (WebStoreSEO.com) 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.
SELLER makes no warranties expressed or implied as to the merchantability or fitness for a particular purpose of any items or services ordered. SELLER agrees to deliver a system, service and/or templates that will meet the specifications enumerated in the description of any item page containing the system, service and/or templates being ordered. It is the BUYER’s sole responsibility to determine the merchantability or fitness of the system, service and/or templates for purchaser’s particular purpose.
License General – All content created through this purchase including, but not limited to, programming code, graphics, and other deliverables created and/or developed as described on the item page of the system, service and/or templates being ordered remain the sole property of and SELLER until all fees are paid in full. Upon payment in full of all fees, SELLER shall grant to purchaser an unlimited license to use and alter the software and other deliverables created through this purchase in perpetuity on a single website. SELLER reserves the right to use these items, in whole and in part, along with their derivatives, in subsequent internal projects or for other clients.
For SEO/Web Marketing Projects we reserve the right to work with a very limited number of clients within any industry at any given time. If it is determined (at our sole discretion) that the requested project directly conflicts with our efforts on any one of our current client projects then you will not be invoiced and you will have the option to add your site to a “stand-by” list in the event we have an opening. Additionally, on rare occasions and after careful evaluation, we may determine that your site is not a good candidate for the services we offer. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
It’s understood that BUYER is an owner or licensed agent and agrees to supply all graphics/images relating to the design as applicable as well as descriptive text/content and other required information to SELLER and that SELLER has been granted permission to utilize these items in the development of the website and/or application.
Where noted, “Estimated Turnaround” or “Lead Time” is a forward-looking projection based on our current development schedule at the time of order and completion time of an average website project. It is an “estimate” only and subject to change based on holidays, acts of god/nature, circumstances beyond our control, stated mission, objectives, instructions, specifications, copy, materials and other assets known as “parameters” provided to us. Further, modifications to any project “parameters” after commencement of this project will likely affect the estimate.
SELLER agrees not to copy or divulge any Purchaser’s proprietary data including, but not limited to, customer lists and customer email addresses. Purchaser agrees to do the same with regards to SELLER and any information noted as proprietary or confidential.
BUYER agrees that, to keep SELLER’s costs in line with the fees listed, BUYER will appoint one primary contact within their organization and authorize that contact person to represent BUYER, speaking on their behalf in all communication, either written or oral, with SELLER.
Buyer may cancel your order for Seller’s services, at no cost to Buyer, at any time before the work is started. Buyer may cancel your service request via telephone or via email. If you cancel services before your work has been started, you are entitled to and will receive a prompt 100% refund of any down payment, deposit or purchase. However, once any of the work is started or services are rendered by Seller, Buyer is liable for full payment subject to these “Purchase Terms” which you have agreed to.
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
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.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
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.
As noted above, 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.
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
5014 US-76 Suite A
Young Harris, GA 30582
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.
Portions of this “Purchase Agreement” is copyrighted © InternetLawCompliance.com and is fully licensed for use by this website. If you wish to lawfully use this Purchase Agreement on your website, you can purchase an individual copy from this website or the complete Internet Law Compliance Guide.
InternetLawCompliance.com (or any related site that sells the same product and/or licenses this Purchase Agreement), and InterentLawCompliance.com, the owner of the copyright, herewith disclaims any and all responsibility for how any licensee uses or abuses this Purchase Agreement and the attendant commercial activities purported to be covered by this Purchase Agreement.
Licensee (otherwise referred to as an Internet LawCompliance.com user/ buyer/ customer/ member), by using this Purchase Agreement on its website, herewith holds harmless and indemnifies the copyright holder from damages of any nature caused by tortious (wrongful) conduct of the licensee. Further, any buyer of any product purported to be sold pursuant to this Purchase Agreement, as additional required consideration for said purchase, also holds harmless and indemnifies InternetLawCompliance.com (or any related website that sells the same product) and/or the copyright holder InternetLawCompliance.com, from damages caused by any negligent conduct of the licensee/seller/user. Purchaser acknowledges an understanding that licensee may make its own changes to this Purchase Agreement and such changes are not the responsibility of InternetLawCompliance.com.