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 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.
REFUND POLICY
The product, service or membership referenced herein is sold with a 100% money back guarantee. 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 as a material consideration required by the Seller as part
of the purchase price. 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 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 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. 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 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 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 charges 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 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 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' with no warranty as to merchantability or fitness for a particular
purpose. The Seller warrants absolutely nothing. There is no 'warranty period.' There is a money
back guarantee if Buyer’s FAFSA is rejected by the Federal Processing Center for the financial aid
year the Buyer registered for or if the Buyer does not receive financial aid equal to or greater
than twenty times the registration fee during the financial aid year the Buyer registered for.
Financial aid is defined as Pell Grants, Supplemental Education Opportunity Grants (SEOG), Work
Study, Federal Stafford Loans, State Grants and Scholarships, Grants and Scholarships from any
college and Grants and Scholarships from any source other than the Federal and State Governments
or the college the student attends.
Buyer may request a refund but Seller is under no obligation, for any reason, to do anything more
than refund the purchase price. Buyer must request a refund in writing during the refund period,
which shall be no longer than 90 days after the Buyer’s August 31st membership expiration. Buyer
must mail, fax or email a copy of Buyer’s current Student Aid Report for the registered student if
the refund is being requested due to a FAFSA rejection or provide the financial aid award letter from
the college attended to Seller at 4 Pippin Place, New City, NY 10956, (fax) 845-638-6508 or
info@money4college123.com.
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 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.
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 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, 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 after a membership expires 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.
CALIFORNIA RESIDENTS NOTE
You are entering into a contract that may modify, restrict, or eliminate rights you may have under
the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this
Purchase Agreement you waive any right to view or modify the content of our database. You waive any
right to force this business or website to divulge when or to whom your information may have been
provided to third parties. In the event the website elects at its sole discretion to release
information to you, you must clearly identify yourself to the website as the named customer who has
previously purchased from the website. We are doing this protect information being inadvertently
provided to fake customers who may have intentions to harm the real customer. The required
identifying information may include credit card info, social security numbers, notarized copies of
state issued id, or other id sufficient to allow our counsel to feel comfortable about releasing
information – in the event we elect to divulge it at all. Additionally, this purchase agreement,
as part of the consideration required to purchase from this website, requires that you agree to
use the American Arbitration Association exclusively in any claim arising from the Terms of Use,
Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The customer
also agrees, as part of the required consideration, that any cause of action is presumed to have
arisen in the city and county of this business or website, not in the state of California, unless
the website is located there, and not in the jurisdiction where the customer resides.
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 New City, New York.
In the event that litigation is in a federal court, the proper court shall be the closest federal
court to New City, New York.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of New
York.
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
The Seller of this product is:
Complete Financial Planning, Inc., a New York Corporation
doing business as Money4College123.com
4 Pippin Place
New City, NY 10956
info@money4college123.com
FINAL ACCEPTANCE
By taking the affirmative step of clicking the
"Register Now " button and or 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 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.