THIS IS IMPORTANT -- PLEASE READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow this lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer 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, Viewer, visitor, member, subscriber or customer 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.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The purchase of any product or service from our site requires further acceptance of our Special Purchase Agreement.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE PUBLISHERS, NET PROFITS ON DEMAND, INC. (NPOD), AND SELLERS, JEM DIRECT, INC, (JEM), AND YOU, IN TURN, GIVE THE PUBLISHER AND 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 PUBLISHER AND SELLER.
THESE PRODUCTS ARE PROMOTED THROUGH A NETWORK OF INDEPENDENT REFERRING AFFILIATES THAT ARE NOT AGENTS IN ANY WAY OF THE SELLER OR PUBLISHER.
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 Heron Online Marketing Solutions, hereafter “PUBLISHER,” and "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 AND AFFILIATE NETWORK 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 and Affiliate 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.
All products, services and memberships on this site will come with no money back guarantee, unless explicitly stated. All refunds remain at the sole discetion of the Seller. A general refund period of 14 days will be offered in the case any product or service is defective, or does not work as advertised. If the product is other than an e-product or digital product, the product must be returned during the refund period to the shipping address provided with the product. The burden is on the Buyer to prove that the product was in fact returned to that address. Cancellation of a membership or request for refund of a digital product delivered over the internet must be noticed to the contact address in this Purchase Agreement. The Buyer understands that all rights to view the product and all license or resale rights terminate when the product is returned for a refund. (Selling of a product in which you have no ownership interest or resale license rights is a crime as well as breach of this agreement.) Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to examine, read, and try the product, service or membership during the 14 day refund period as a material consideration required by the Seller as part of the purchase price. Buyer further warrants that he or she will make a determination during the 14 day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product, service or membership with no further right of redress or refund for any reason due the Buyer.
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 this Purchase and Affiliate Agreement, the Buyer agrees to receive continuing follow-up contact from the Publisher/Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from the Publisher/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 Publisher/Seller or from others who have a commercial relationship with the Publisher/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 Publisher/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 Publisher/Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by the Publisher/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 Publisher/Seller.
The Buyer agrees to allow the Publisher/Seller to 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 Publisher/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 Publisher/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 Publisher/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.
SHIPPING AND PROCESSING CHARGES
Shipping and Processing may or may not reflect the actual shipping costs for each delivery. The "Shipping and Processing" charge is designed to compensate Publisher/Seller for the actual shipping cost, for the services we provide to enable our customers to enjoy the convenience of home shopping and delivery of our products, as well as for overhead costs associated with providing those services. Some of the overhead costs include, but are not limited to, the cost of lost shipments, stolen shipments, fraudulent orders, customer service, supervisory management, long distance charges, correspondence costs, legal costs, collection costs, accounting costs, database management costs, merchant processing costs, chargeback fees, fraudulent chargebacks, fraudulent refund claims, incomplete returns, re-packaging costs, inventory control costs, warehousing costs, fulfillment costs, and other claims settlements. International shipments have additional costs. Any VAT due shall be paid by the consignee (customer).
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 Publisher/Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Publisher/Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Publisher/Seller involving the use of a credit card herewith gives authorization for the Publisher/Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Publisher/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 Publisher/Seller warrants and guarantees absolutely nothing. There is no 'warranty period.' There is a 14 day refund period in the case of defective products, or products that do not meet their description. 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 return said defective product for a refund. The period for the Buyer to determine if the product is defective and request a replacement or refund is 14 days from the date of the order. During this 14 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 from 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, if any, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, short, and in no event, for any reason, shall be more than an amount equal to the purchase price.
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 Publisher/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 Publisher/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 Publisher/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 Publisher/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 Publisher/Seller's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Publisher/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 Publisher/Seller. Publisher/Seller disclaims liability for Buyer's interactions with advertisers on the site. Publisher/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 Publisher/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 Publisher/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 Publisher/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 Publisher/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. Any income and earnings statements 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 products and product marketing 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 during the 14 day refund period (subject to the return of the product to the Publisher/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’. 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 Publisher/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 Publisher/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, whether or not claims made by the Publisher/Seller are adjudicated to be misleading or overly broad, as a material part of the consideration for purchase of this product, Buyer agrees that the maximum extent of liability shall be no more than the purchase price of the product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Publisher/Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at the Publisher/Seller's sole discretion.
Buyer agrees to indemnify Publisher/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 Publisher/Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Publisher/Seller has the right to discontinue the product, the service, the membership at any time, subject only to the 14 day return policy, without notice.
Buyer understands that the Publisher/Seller may discontinue customer service on a product or service at any time without notice.
LIMITATION OF MEMBER REWARDS PROGRAM
If purchasing a subscription to the Heron Academy Of Internet Marketing training website, a system known as the Member Rewards Program may be offered. By completing certain tasks the Buyer may earn "MRP Points". The Buyer understands that these MRP Points do not in any way hold any real currency value, and that the Publisher/Seller does not have any obligation to guarantee that the Buyer's MRP Points may be exchanged for any reward.
Buyer hereby grants the Publisher/Seller full authority to add/modify/revoke/delete the MRP Points of the Buyer without any reason being required.
The exchange of MRP Points for any reward is at the sole discretion of the Publisher/Seller and should not be presumed. MRP Points hold no real value. The Publisher/Seller may refuse to exchange MRP Points for a reward for any reason whatsoever, including but not limited to MRP Points being fraudulently obtained, being acquired through an error or unintended function, being given by mistake, or receiving MRP Points from someone that was not meant to give the MRP Points.
By accepting this agreement, Buyer fully acknowledges that their MRP Points hold no value, and that any exchange of MRP Points for any reward is not legally required by the Publisher/Seller, and that any exchange remains at the Publisher/Seller's complete and full discretion, and that the Publisher/Seller may change the MRP Points required for a certain reward at any time, without notice, and that even when the listed MRP Points for a reward is displayed on this website, there is still no legally binding contract for the Publisher/Seller to exchange rewards for the Buyer's MRP Points.
SELLER/PUBLISHER HAS RIGHT TO SUSPEND MEMBERSHIP
By accepting this agreement the Buyer grants full authority for the Publisher/Seller to suspend, delete or restrict the Buyer's access to the membership site at any time, without notice, and without reason.
In the case that the Publisher/Seller restricts access, the Buyer will not be entitled to any refund, and will be required to pay the remaining membership fees for the month the restriction took place. It is the sole responsibility of the Buyer to cancel their subscription membership if they are not happy with any suspension, deletion or restriction of their account..
CANCELLATION OF RECURRING MEMBERSHIP FEES
By joining the Heron Academy Of Internet Marketing membership site, you the Buyer realise that you will be required to pay recurring monthly membership fees issued by us, the Publisher/Seller, as detailed on the form you used to sign up for the membership. If you wish to cancel your membership then you may cancel the recurring payments at any time, however doing so is your sole responsibility.
PayPal has a system in place where you may cancel an active subscription. Finding out how to cancel a subscription through PayPal is entirely your responsibility. We are under no obligation to assist you in this process, nor are we under any obligation to provide you with any other form of assistance whatsoever. If you fail to cancel your subscription and incur costs as a result of this, then we will not be held responsible in any way, as it is not our responsibility to cancel your recurring payments. You will be legally required to fulfill any payments you make to us, even if you intend to end your business with us but fail to cancel your subscription.
If you signed up for our membership site through a means other than PayPal, it is still your complete and sole responsibility to ensure that we make no further recurring payments against you. If you challenge this section of the Purchase Agreement you agree to pay any costs we incur in dealing with your complaints, or assisting you with cancelling your subscription.
In the instance that you the Buyer file a chargeback request or payment reversal without our permission, we the Publisher/Seller will do everything we can under the law, both local and International, to retrieve our funds, and to commence litigation against you to cover all expenses and subsequent court fees in doing so. By accepting this agreement you hereby grant us rights to retrieve funds from you by any legal means necessary, without any statute of limitation or other time constraint, in order to recover the fees from any chargeback or payment reversal you conduct without our permission, and for any and all subsequent expenses we must endure in order to retrieve the funds.
Refunds are handled at our sole discretion, and if you do not agree with our denial to issue a refund, then the only legally allowed course of action you agree to undertake is through a court system of our choosing. The maximum costs we will reimburse you if the court adjudicates in your favor shall not exceed the price of the membership fees you have paid to us.
TAXATION AND AFFILIATION
You, the Buyer, may be able to refer other members to our website in order to attract a commission based payment. You fully understand that we will declare such payments as business expenses, and that it is your responsibility to declare any money you make from us as taxable income. We will not assist you with this process in any way.
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 Sydney, Australia or the closest court thereto. However, in the event that the location of the Publisher/Seller changes and is so noticed on an updated Purchase Agreement, Buyer agrees that hearings or court appearances shall take place in the new location of the Seller.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of Australia.
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 Publisher/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 Publisher/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 Publisher/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 Publisher/Seller.
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 and Affiliate Agreement cannot be modified in any manner between the Publisher/Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Publisher/Seller may modify this Purchase and Affiliate 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 and Affiliate Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Publisher/Seller all 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 Publisher/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.
PUBLISHER/SELLER CONTACT INFORMATION
The Publisher/Seller of this product is:
Heron Online Marketing Solutions
ABN: 31 093 621 249
doing business as www.herononline.com
Suite 319/125 Oxford St, Bondi Junction
Sydney, NSW, 2022
By taking the affirmative step of clicking the "I Accept" button, or checking an Acceptance box, and the purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase and Affiliate 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 and Affiliate Agreement contract.