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Privacy Policy
-- IMPORTANT -- PLEASE READ
This Privacy Policy describes the
terms of our commitment to your privacy.
PERSONS OR PARTIES COVERED This Privacy Policy is intended to cover
all visitors to this website, all subscribers to lists or
newsletters whether paid or unpaid, all members or affiliates
whether paid or unpaid, and all customers. Persons who visit or view
this website, whether intentionally or unintentionally, whether
solicited or unsolicited, are described herein as "Visitors" and are
parties to this Privacy Policy. Subscribers to lists or Newsletters
are referred to herein as "Subscribers" and are parties to the
Privacy Policy. Persons who join an organization or marketing
endeavor (e.g. "affiliates") promoted by this website are called
"Members" herein and are covered by this Privacy Policy. Finally,
anyone who orders, attempts to order, or receives a product sold
(recipients) or advertised on or delivered from this website, even
at no cost, is called a "Customer" herein and is subject to this
Privacy Policy not only by passive acceptance, but by virtue of the
Purchase Agreement contract. The website, its agents, owners,
operators, and employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this website because of the
Terms of Use or from denial of service by the website, who
nonetheless unlawfully views this site, that person remains subject
to the terms of this Privacy Policy and is in violation of the Terms
of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This website is not lawfully accessible to persons under the age of
18 or who are otherwise covered by the provisions of the Child
Online Privacy Act of 1998 (COPA). If you are under the age of 18
you must leave this site immediately. Fraudulent use of this website
may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE
OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit the website. If you
do not accept these terms, you have no right to visit this site and
you are fraudulently using this site.
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF
2003 --OPPA)
It is the intent of the Privacy Policy to comply with the California
Act. Various provisions throughout this Privacy Policy address
requirements of the act. In summary, you must presume that we
collect electronic information from all visitors. This is not
usually personally identifiable. If you purchase a product or
service via this website (and thereby become covered by the Act),
the purchase agreement you electronically sign prior to purchase
allows the website to collect and archive all the personal
information you provide and to transmit and/or transfer that
personal information to third parties. There is no way you can
modify this information and you have no right to do so. Under the
terms of the purchase agreement, you have no right to view or
receive any information about our database. In the event that the
website, under advice of counsel agrees to divulge information, the
requesting party must submit whatever information is demanded by the
website in order to insure that the website is releasing information
to the correct party. Other provisions of the OPPA may exempt this
website from complying. While we take measures to ensure that
outside parties do not have access to any information we have about
you, we do not warranty that outside parties will not breach our
system and thus have access to your information. (You should know
that merchant service providers do not allow us access to your
credit card information.) This Privacy Policy also is subject to
change without notice. You are required to read it prior to using
the website. By interacting with the website you agree to the terms
and conditions of the Privacy Policy. By using the website or
purchasing a product through this website, you waive the right to
use state or federal court systems to address complaints and,
instead, agree to use the American Arbitration Association located
in a city and county specified herein.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS
USED
This website routinely collects information about its visitors,
subscribers, members, and customers. This information is obtained in
various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM
'REGISTRATION'
Registration means that the Visitor, Subscriber, Member or Customer
takes active, positive steps to communicate information to this
website. This can include pages or 'pop ups' where you register for
a newsletter or subscribe to a mailing list; it can include your
participation in visitor surveys; it can include requesting
information from the website via email, mail, or courier; it may be
from joining an affiliate program or other membership organization,
paid or unpaid; it may be from ordering a product.
Occasionally complete credit card information may be provided to the
website via fax or a fill-in form rather than regular secure
merchant service processing. This information is kept at the highest
level of security and is never divulged to anyone except the
merchant service provider or for the purpose of communication with
the customer.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping
cart services supporting merchant service companies like Visa and
Master Card provides information to the website but does not provide
complete credit card numbers. In the process of online ordering, the
customer provides, name, address, city, state, email address, phone
number, CVV2 (back of card) number, and, occasionally a member
password. You should consider all this information available to the
website. This information is used to deliver the product, but under
the Purchase Agreement you also approve its use for general
solicitation purposes.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so
under two conditions: one, they give their permission for contact by
the website; two, they are subject to any submission provisions of
the Terms of Use, Purchase Agreement, or this Privacy Policy. While
your email address may or may not be used to solicit you, it is
added to the website's general solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you
communicate with the site by phone or mail, the website collects
information about your communication and by communicating with the
site you give your permission to collect, archive, retrieve, and
otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to
be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS,
OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising,
appearing on this website must assume that information is being
collected about them. This site is not responsible for the use of
information collected in such a fashion. Visitors must assume that
(1) information will be collected, (2) that cookies will usually be
placed on their hard drive, (3) that website does not have any
control over what happens with this information, (4) that website
takes no responsibility over the accuracy or content of advertisers,
(5) that website is not responsible for downloads from third party
advertisers that contain viruses or worms or other computer code
that causes their computer or software harm, and (6) that website
assumes no responsibility for the data that is garnered from the
click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url
or one of our web pages to a friend, you must assume that some data
is collected about your IP address or your email address and that of
your friend. You must assume that referred emails or web pages may
appear to come from your email. You must accept fully responsibility
for referring pages or email to a friend and agree to indemnify this
site for any damage, intentional or unintentional that results from
said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any
information provided to the website as part of a survey in which you
participate may be used for general solicitation for commercial
purposes and that such information will be shared with joint venture
partners, affiliates, marketing organization or used by the site
itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including this one, collect information about your
computer, your email address, your IP address. You must assume that
your web-viewing or web-use activity is monitored, tracked, and
information collected. This information is not usually of a personal
nature, but it may help define your viewing habits and product
preferences even though the website may or may not have any idea who
you are.
"Cookies" is web jargon for bits of computer code placed on your
hard drive. Websites use this to keep you 'logged in', to keep track
of search criteria, to monitor use, to password protect use of the
site or use of products sold by the site. Cookies can also be used
to obtain information about your computer configuration or your use
of your computer.
Cookies can be used to electronically gather information about you.
Again, it may or may not be personal information, but it is
information and by using this site you are expressly giving
permission to use 'cookies' and to use the information gathered from
their use to benefit you. You also give permission to collect,
archive, retrieve, and use any information collected for product
design, product offers to you, and general commercial solicitation
purposes by this site or joint venture partners, affiliates, and
marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not be how
information that is collected is customarily used by this site.
While actual use of any information collected may be used quite
conservatively, you must assume that it is not. You must assume that
information collected is shared with other persons or entities for
commercial purposes. While this is uncommon in practice, you must
assume that it is as you make your decision whether or not to view
or interact with this website. This type of shared information may
include your name, address, phone number, email address and buying
habits, as well as other information. This information may be used
for general commercial solicitation by this website or other persons
it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not
usually known to the website. However, in the event that it is made
known, that information is never revealed to anyone except to
processing authorities or law enforcement agencies. However, the
provider of such information gives express permission to use it in
fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site
provided bulletin boards or other public forums, such as chat rooms,
do so at their own risk. You may not assume that the site monitors
these services or protects you in any manner from information you
post publicly or share with anyone else via these services.
SPAM
By providing to this website information that forms the basis of
communication with you, such as an email address, you waive all
rights to file complaints concerning unsolicited email or spam from
this website since, by providing such information, you agree to
receive communication from us or other marketing organizations.
However, all email communication with you shall contain an
'unsubscribe' link where you may notify the website that you no
longer wish to receive solicitations or information from the website
and your name will be removed from the general solicitation
database.
DATA SECURITY
This website takes measures to protect its data that contains
information related to you. However, as a consideration for viewing
this site or interacting with this site in any manner, you waive all
claims of any nature against this site concerning the loss,
alteration, or misuse of information. You must assume that it is
possible for your personal data to be obtained by others, such as
"hackers," and used in an inappropriate manner that may cause you
harm and that you agree that the site is not responsible for damages
to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
Bushido Corp
3145 E. Chandler Blvd, Ste 110
Phoenix, AZ 85048
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It will continually change. You may
not assume that it remains the same and you agree to check the
policy each time you visit the site for changes. Unless, in the sole
opinion of the website, this policy changes so drastically as to
suggest a posted notification on the site or via email, you will
receive no notification of changes to this Privacy Policy nor, under
any circumstances, does this site promise notification. Your
continued use of this site always evidences your acceptance of the
terms this Privacy Policy or any modifications.
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT
YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY. THAT IS NO REFUNDS
ARE OFFERED.
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.
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 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 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 may 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' without warranty or guarantee of any
kind.
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 indirectly 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, 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. The products Buyer is buying to learn how
to make money or products that Buyer is buying to re-sell, have all
been proven money-makers. 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 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.
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 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.
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 result 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 without notice.
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 to 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 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 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
The Seller of this product is:
Bushido Corp
3145 E. Chandler Blvd, Ste 110
Phoenix, AZ 85048
FINAL ACCEPTANCE
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.
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READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
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THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS
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YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO
COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION
AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF
CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
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 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. Nothing. 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. It is
unlawful to use the domain name associated with this website as
invisible or visible keywords on your website without the express
permission of the domain name owner. By viewing and then unlawfully
using a name, product, brand, whether or not copyrighted or
trademarked, whether visible or invisible to the casual visitor, you
agree to pay damages of no less than USD$100,000.00 plus all court
costs and attorney fees if you are found to have violated this
provision.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE
WHETHER BY VISIBLE LINKING OR INVISIBLE KEYWORD PLACEMENT ON YOUR
SITE IS 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. This prohibition shall cover use of identify marks,
brands, domain names belonging to this site in an invisible manner
such as embedded keywords and metatags. Further, you are not allowed
to reference the url (website address) of this website in any
commercial or non-commercial media without express permission, nor
are you allowed to frame the site. You specifically agree to
cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. By viewing this site and
then unlawfully using a name, product, brand, whether or not
copyrighted or trademarked, whether visible or invisible to the
casual visitor, you agree to pay monetary damages (liquidated
damages) of no less than USD$100,000.00 plus all court costs and
attorney fees if you are found to have violated this provision. As a
general rule, this website is pleased when another site chooses to
acknowledge it or reference it and this provision is not meant to
cover friendly reference instances. However, sites and the persons
behind those sites that attempt to demean this site or profit from
it without compensation are liable for damages and this prohibition
clause will be strictly enforced. If you have doubts, request
express permission before using this sites name or referencing it.
Further, any attempt to use the sites name or the contents thereon
that could cause financial or reputational damage to the site is
strictly prohibited, whether the use is obvious or invisible using
various coding embedding techniques.
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. Again, visitor views and interacts
with this site, or banners or pop-ups or advertising displayed
thereon, at his own risk.
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 his 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.
INDEMNIFICATION
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.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All submissions,
including portions thereof, graphics contained thereon, or any of
the content of the submission, shall become the exclusive property
of the Website and may be used, without further permission, for
commercial use without additional consideration of any kind. Visitor
agrees to only communicate that information to the Website, which it
wishes to forever allow the Website to use in any manner as it sees
fit. "Submissions" is also a provision of the Privacy Policy.
NOTICE
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.
DISPUTES
As part of the consideration that the Website requires for viewing,
using or interacting with this website, Visitor 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 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.
APPLICABLE LAW
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.
LATEST UPDATE
This Privacy Policy was last updated on: 1-15-12
COPYRIGHT
This Privacy Policy is used under license. The copyright is owned by
Rione X IP Group LLC 2003-2010.
DISPUTES
As part of the consideration that the Website requires of the
Visitor to view, use, or interact with this site, Visitor 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 Visitor have the right to go to court or have a
jury trial. Visitor 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 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, Visitor 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
Visitor agrees that the applicable law to be applied shall, in all
cases, be that of the state of the Website owner(s).
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted 2003- 2010 Rione X IP Group LLC
and is fully licensed for use by this website. |