Purchase/Subscription
Agreement
Notice -- Read This
WHEN
YOU PURCHASE A PRODUCT OR SERVICE FROM THIS WEBSITE, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT.
Dear
Valued Customer--
We offer great products
and services and we’re sure you’ll be happy that you purchased them. With
NewNetFriends we provide you full access for 30 days so that you really have
an opportunity to take a test drive. After 30 days, you may elect to
retain only the Light version for free (limited features) or you may select up
to 3 different subscription levels, each providing different levels of
service. Please see
subscription
options for more information about subscription
benefits. NewNetMail is also available in the free Light Version.
The
complete agreement that follows spells out our rights and duties and your rights and duties as well as various
disclaimers and limitations of liability.
Congratulations
on your choice. We wish you every success!
Sincerely,
NewNetFriends/NewNetMail
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.
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.
IMPORTANT
NOTICE
NewNetFriends
will be referred to throughout this document as NNF
NewNetMail
will be referred to throughout this document as NNM.
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 subscription
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 subscription 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.
FURTHER
DESCRIPTION OF THE PRODUCT, SERVICE OR SUBSCRIPTION
Buyer
warrants an understanding that the product, service or subscription 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 subscription. Additionally, the product,
service or subscription may come with the right to sub-license or re-sell the
product.
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 or Seller's assignees, 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.
CREDIT
CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer
warrants that he or she (referred to for the remainder of this document as
he for convenience only) is over 18 years of age, 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, OR is making
the purchase with the full consent of his parent(s) or legal guardian(s) who
have read and accepted this agreement. 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 a 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.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NNF/NNM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NNF/NNM
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM NNF/NNM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS DOCUMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NNF/NNM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NNF/NNM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY
TO YOU.
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 or the business opportunity
associated with it 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 enroll to make money and, in fact, make no money. Some
people buy this product and never use 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 opportunity presented is
based on proven money-making systems. 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 subscription that involves a recurring
fee, the Buyer has a right to terminate the subscription or ‘plan’ upon notice
to the Seller. Any unused part of a monthly or yearly fee is not refundable.
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 income opportunity.
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 SERVICE ACCEPTED
Buyer
expressly accepts the Terms of Service of the Seller's website.
RIGHT
TO PUBLISH SUBMISSIONS
Buyer
agrees that Seller may publish any and all publicly accessible content that is
presented and/or provided at the Seller's sole
discretion.
RIGHT
TO STOP SELLING OR SERVICING PRODUCT OR SUBSCRIPTION
Buyer
agrees that Seller has the right to discontinue the product, the service, the
subscription at any time.
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.
ASSIGNMENT
I
understand that this agreement may not be transferred or assigned without
prior written consent of REX Venture Group, LLC a/k/a/ NewNetFriends, a/k/a
NewNetMail, which consent shall not be unreasonably denied.
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
designated by 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.
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. 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
You
may direct questions, comments or reports to us
through
the Contact link on the home page of the website or
iCorr address NewNetFriends or iCorr address NewNetMail
or by postal mail to:
Rex Venture Group, LLC
Dba NewNetFriends.com / NewNetMail.com
7469 W. Lake Mead Blvd. Ste 200
Las Vegas, NV 89128 USA
FINAL
ACCEPTANCE
By
taking the affirmative step of purchasing of a product, service, or
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 Purchase Agreement contract.
