This document describes the Purchase Agreement for all of Joe McCall’s websites and properties: JoeMcCall.com / REISimple.com / WholesalingLeaseOptions.com / RealEstateInvestingMastery.com / ChamberlainHoldings.com (“Joe McCall” or “Joe’s Sites”). When you complete a purchase from Joe’s Sites, you agree to the terms of the Purchase Agreement. Please read this document carefully.
This agreement is a contract. Under the terms of the contract, you receive certain rights due to you from Joe’s Sites, and you, in turn, give us certain rights that affect you. This contract also contains provisions that delineate and restrict your rights about refunds and warranties and that limit the liability of Joe McCall.
Joe McCall reserves the right to not conduct business with you if you do not agree to the terms set forth in the Purchase Agreement.
Your agreement with the contents of this Purchase agreement is a material part of the legal consideration that Joe’s Sites requires as a condition of sale.
Parties to this Purchase Agreement and Disclaimer
The parties to this agreement are Joe McCall, 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.
Subject Matter of this Purchase Agreement
The subject matter of this agreement is a product, service, or membership described in Seller’s promotional or sales materials of Seller 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 and Cancellations
If within thirty (30) days (unless otherwise stated for a specific product or service on its respective checkout page) from the initial start date of the subscription or product purchase date, Buyer is not satisfied with the quality of Seller’s services, buyer should contact Seller by email at email@example.com to resolve the conflict and/or seek a refund. After 30 days from the initial start date of the subscription or product purchase date, cancellation of monthly or yearly membership is available by emailing firstname.lastname@example.org thirty days prior to the next billing date. We do not provide refunds or credit for any partial month membership period. Buyer is eligible for one refund per product/subscription purchased in accordance with our 30 day refund policy as stated above. Please note that Buyer may not return for refund Product due to reasons of income, or for any other reason that would be inconsistent with the Earnings Disclaimer. Buyer is limited to one free trial per lifetime.
Cancellation of the $97 or $197 monthly membership is available at anytime and must be in writing to email@example.com 30 days prior to the next billing date.
Buyer acknowledges that Seller will do its best to respond to refund requests and notice of cancellations within 1 to 2 business days and will do its best to process all refunds and cancellations within the 1 to 2 business days following the response. Buyer acknowledged that Seller has no control over the amount of time it takes Buyer’s bank to deposit funds into Buyers account.
Rights and Obligations of the Buyer
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.
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.
Buyer understands that cookies may be placed on his or her hard drive that will provide information to the Seller. 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. Buyer may disable or limit cookies; however, this may limit Buyer’s ability to interact with Joe’s Sites.
Credit Card Charges and Credit Card Fraud Penalties
Buyer warrants that he or she is over 18 years of age and is of legal age to enter into contractual agreements in the state in which Buyer is present when Buyer makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Buyer’s violation of any of these requirements may result in civil or criminal prosecution.
Any fraudulent usage of Buyer’s own credit card, against Seller, authorizes Seller’s contact with Buyer’s credit card companies in order to ascertain information related to such fraud.
Buyer agrees that if he uses fraudulent means to receive more than one refund, bank fees, 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 may also be liable for additional damages.
Guarantee and Warranty
Product is sold ‘as is’ without warranty or guarantee of any kind as to results from use of Product. Seller does not warrant that Joe’s Sites, the information, content, materials, products or services included on or made available through Joe’s Sites is free of viruses, worms, or any other content that made be harmful to Buyer’s hardware or software.
To the fullest extent of applicable law, Seller disclaims all warranties, express or implied. Seller is not liable for any damages that result from the use of Joe’s Sites or Products, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless there is an express agreement in writing to the contrary.
Certain state laws do not allow limitations of liability and warranty. Buyer may have additional rights if these laws apply.
Assumption of Risk
Buyer agrees to accept all risk associated with the use of this Product, including but not limited to 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.
Specific Disclaimers as to “Results Claims,” “Income Claims,” or “Earnings Claims” in Sales and Promotional Materials or Product.
Seller makes no claims with regards to income, results or earnings in use of Product. Buyer’s income, results and/or earnings are Buyer’s sole responsibility.
Buyer agrees to indemnify and hold Seller harmless for any and all liability, actions, causes of action, and damages (including attorneys’ fees and other court costs) that Buyer causes by using the product or information contained on Joe’s Sites that results in a damage award against Seller, unless limited of prohibited by law.
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
All disputes, controversies or claims arising from or relating to this contract shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
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 Tampa or Hillsborough County.
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 St Louis County, MO 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.
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of Missouri.
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.
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:
Chamberlain Holdings, LLC
2977 Hwy K #228
O’Fallon MO 63368
By taking the affirmative step of purchasing of a product, service, or membership Buyer attests to have fully read, understood, and accepted the terms of this Purchase Agreement contract, and warrants 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. I attest to having read and agreed to this Purchase Agreement and all conditions.