PURCHASE AGREEMENT AND DISCLAIMER

PURCHASE AGREEMENT AND DISCLAIMER

CAREFULLY READ THE FOLLOWING PURCHASE AGREEMENT AND DISCLAIMER. YOU ACCEPT AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT BY CLICKING THE PAYPAL PAYMENT BUTTON, ON THE ORDER FORM INDICATING "I HAVE READ AND AGREE TO THE PURCHASE AGREEMENT TERMS". IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ATTEMPT TO MAKE A PAYMENT.

This Purchase Agreement is applicable to all of the ebooks, bonuses, video recordings, audio recordings and related materials that are downloaded from our site. You are deemed to have read, understood and accepted the terms of this Purchase Agreement when you purchase and download the digital product.

The parties to this Agreement are that party purchasing the ebook and downloading the digtal product through our website (defined herein as "YOU") and TheRememberZone.com (defined herein as "We" or "Us").

1. The author and publisher of this digital product and the accompanying materials have used their best efforts in preparing this digital product. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this digital product. The information contained in this digital product is strictly for instructional purposes. Therefore, if you wish to apply ideas contained in this digital product, you are taking full responsibility for your actions.

2. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES.

3. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

4. The author and publisher disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.

5. As always, the advice of a competent legal, tax, accounting or other professional should be sought.

6. The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this digital product, if any.

7. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

8. This product is © copyrighted 2008 by TheRememberZone.com. No part of this digital product offered may be copied, or changed in any format, sold, or used in any way other than what is outlined within this digital product under any circumstances.

License Grant

9. "You" means the person or company who is being licensed to use the ebook and related materials. "We," "us" and "our" means TheRememberZone.com.

10. We hereby grant you a nonexclusive license to use one copy of the digital product on any single computer, provided the digital product is in use on only one computer at any time. The digital product is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.

11. If the digital product is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the digital product on a portable or home computer.

12. You may print one copy of the digital product for your personal use.

Title

13. We remain the owner of all right, title and interest in the digital product and related materials ("Documentation").

Archival or Backup Copies

14. You may copy the digital product for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the digital product does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

15. The digital product and related materials are protected by United States copyright laws and international treaties. You must treat the digital product and related materials like any other copyrighted material-for example, a book. You may not:

Copy the digital product except to make archival or backup copies as provided above,

Modify or adapt the digital product or merge it into another program,

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the digital product,

Place the digital product onto a server so that it is accessible via a public network such as the Internet, or

Sublicense, rent, lease or lend any portion of the digital product.

16. We reserve all rights not specifically granted to YOU above. The license granted above will be narrowly construed in our favor. We will have the right to proceed against you in the event that you infringe against our rights. Any use not within the precise scope of the license set forth above will be considered an infringement. In the event of infringement, we reserve the right to proceed with any legal remedy available to us, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy including all remedies under the Digital Millennium Copyright Act (DMCA).

17. You acknowledge and agree that our damages in the event of your violation of this Agreement will be substantial, and that we will suffer irreparable harm in such event. As such, we shall have the right to obtain equitable remedies, including but not limited to an injunction and all remedies under the Digital Millennium Copyright Act (DMCA).

Term and Termination

18. This purchase agreement takes effect upon your use of the digital product and remains effective until terminated. You may terminate it at any time by destroying all copies of the digital product in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement or if you receive a refund of your purchase price. You agree on termination of this license to destroy all copies of the digital product in your possession.

Confidentiality

19. The digital product may contain trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE DIGITAL PRODUCT OTHER THAN IN STRICT ACCORDANCE WITH THIS PURCHASE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

No Warranties

20. ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

21. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.

Customer Remedy

22. Our entire liability, and your exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the United States. Some States do not allow the exclusion or limitation of liability so the above limitations may not apply to you.

Limitation & Exclusion of Liability

23. These warranties exclude all incidental or consequential damages. We, and our suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some States do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Submissions

24. You hereby grant our company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future company operations.

25. We will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Disclaimer

26. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.

Indemnity

27. You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter know as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Disputes

28. This purchase agreement shall be governed by, construed and enforced in accordance with the laws of the State of Mississippi, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

29. To the extent you have in any manner violated or threatened to violate TheRememberZone.com and/or its affiliates' intellectual property rights, TheRememberZone.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Mississippi, and you consent to exclusive jurisdiction and venue in such courts.

30. Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Tupelo, Mississippi. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Tupelo, Mississippi, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

31. You agree that any notice to be sent to you, including but not limited to any legal notices and court-related notices, shall be sent to you via Email at the Email address that you designate when you purchase a license to use our Documents. Any notices to us must be by certified mail, return receipt requested, at the address set forth in the Document package that you purchase from us.

32. We reserve the right to unilaterally amend any offers, pricing terms or other matters pertaining to the Documents or our web site. For all other matters, any amendments to this Agreement must be in writing and signed by both parties. No course of dealing or trade usage shall be deemed to amend the terms of this Agreement.

33. This written purchase agreement is the exclusive agreement between you and us concerning the digital product and related materials and supersedes any prior purchase order, communication, advertising or representation concerning the digital product.

34. This purchase agreement may be modified only by a writing signed by you and us.

35. In the event of litigation between you and us concerning the digital product, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

36. This Agreement also includes by reference, our Warranties, Disclaimers and Legal Rights, Earnings Disclaimer, Terms of Service, and Privacy Notice, as if they are fully set forth herein. You can click on any of the document titles (they're hyperlinked) to read each document online.

37. YOUR acceptance of the terms of this Purchase Agreement electronically, by taking the affirmative act of clicking on any acceptance button or placing a check mark in a box indicating your acceptance and by purchasing our products, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon. Our waiver of any breach of this Agreement shall not constitute an amendment to this Agreement or our waiver of subsequent breaches hereof. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Additionally, any provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability.

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