Purchase Agreement
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 and/or service herein sold, where said product and/or service 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" or “service” (medical service) throughout this agreement but the words "product" and/or “service” shall mean all elements offered in the sale.
REFUND POLICY
The product and/or service referenced herein are sold with no refund. However, the Buyer of a service who is unable to receive the service on the originally scheduled dates can reschedule the same service on available dates in the twelve months following the originally scheduled dates. Though the payment originally submitted for surgery by the Buyer the Seller holds in full for the first three months. The Seller holds three quarter of the payment originally submitted for the surgery by the Buyer from three months to six months; half of the payment from six months to nine months and one quarter from nine months to twelve months. After twelve months there is no any payment holding by the Seller available for the Buyer to perform surgery. Buyer should be sure to allow plenty of time to reschedule so that there are dates still available for this service to be rescheduled and performed the surgery by the Seller although with an additional payment indicating the original scheduled dates and rescheduled dates.
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. However, unless specified in the sales and promotional materials and unless all conditions are met, the Buyer has no license, permission, or right to duplicate or sell this Product and/or Service 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 and/or this service that the Seller requires as the total price of the product and/or service. 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 and/or service updates, product and/or service recall notices, product and/or service 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. Buyer agrees, after buying the product and/or service, to follow up with the Seller on a regular basis (weekly for the first 8 weeks) by sending reports and pictures by e-mail or regular mail, and by phone or fax as requested by the Seller, to allow the Seller to monitor Buyer’s recovery.
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 and/or service, 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 customs duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of customs duties and taxes at the time the product and/or service is received. If it should happen that the Seller's courier or freight account is charged for customs 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 a 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, in addition, to pay to the Seller actual damages of an amount equivalent to US $10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
This product and/or service is sold 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing. For more information regarding Seller’s rules and regulations see the Patient-Physician Agreement Forms, and the PT&G and SP&F documents available from the Seller upon request. There are no warranty or refund periods.
However, in the event that the Buyer of a service is unable to receive this service on the originally scheduled dates, he can reschedule the same service on available dates in the twelve months following the originally scheduled dates. Buyer should be sure to allow plenty of time to reschedule so that there are dates still available for this service to be rescheduled and performed.
In addition, the Buyer of a service has two months from the date of the service in which he can contact the Seller with follow-up questions and requests for explanations pertaining to service content.
In the event that the Buyer of a product and/or service becomes eligible for third-party memberships, insurance, or free advertising, the Seller disclaims any responsibility for the general management or behavior of the management of these programs. Seller disclaims all liability for any actions of the these third-party membership organizations, insurance companies, or advertising programs, including their existence or their obligations to downstream members.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product and/or service, explained in detail in the Patient-Physician Agreement Forms, and the PT&G and SP&F documents available from the Seller upon request, including but not limited to, ingestion of or application to Buyer's person, the use of the product and/or service personally or in business, all taxes and regulations applicable to this product and/or service, all legal compliance issues related to this product and/or service. 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 and/or service.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that the Seller of this product and/or service disclaims all liability for the product and/or service or damages resulting from use or installation or reliance upon this product and/or service for any reason. Buyer alone accepts full responsibility for allowing others to use this product and/or service. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product and/or service itself that is unintentionally misleading or incorrect that might cause damage to Buyer. For more information regarding Seller’s rules and regulations see the Patient-Physician Agreement Forms, and the PT&G and SP&F documents available from the Seller upon request. By signing Purchase Agreement Buyer ultimately agrees that he has read and understands the full content of the Patient-Physician Agreement Forms, and the PT&G and SP&F documents. Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product and/or service 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 and/or service, or no matter what damage may be allegedly or actually caused by the use of this product and/or service, or no matter the harm or damage that may result directly or indirectly from the purchase of this service, for any reason whatsoever, that the Seller assumes no liability for use of this product and/or service. The Seller is expressly not responsible for mistakes the Buyer may subsequently make after surgery by not following precisely the PT&G and SP&F instructions, rules and regulations, or by not understanding content contained in the PT&G and SP&F documents, or for any other action taken by the Buyer following the product and/or service.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to the Buyer or Buyer’s business after using the product and/or service, including but not limited to harm to Buyer’s health (emotional, physical, psychological and/or spiritual), and for all emotional, psychological and/or physical dissatisfaction with the results of the product and/or service., Buyer also agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all harm to buyer's computer hardware or software from worms, viruses, or other defects in the product and/or service 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.
If Buyer uses contents of this web site or product and/or service information in any way to create personal injury through defamation of character of the Seller, Buyer may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US $200,000, 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. Defamation of character means that Buyer speaks or writes words that falsely and negatively reflect on Seller’s reputation.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT AND/OR SERVICE CONTENT
Buyer agrees that the Seller has no liability, even for erroneous product and/or service content that causes damage to the Buyer.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT AND/OR SERVICE
Buyer agrees that the Seller has no liability, even from harm caused to the Buyer or to from use of the product and/or service.
Penis enlargement is one of the most demanded procedures in cosmetic surgery today. It can only be compared with breast augmentation. Psychological significance of these two procedures cannot be underestimated and there is a tremendous public demand for breast and penis augmentation. There are medical (pills), technical (devices) and surgical offers that customers can choose from for their penis augmentation.
Dr. Alexander Krakovsky is a world famous plastic and cosmetic surgeon. He offers a variety of surgical procedures that permanently enlarge a male penis. All the information can be found on his website at www.penilecosmeticsurgery.com
Dr. Alexander Krakovsky does not affiliate with or endorse any medical and/or technical businesses that offer goods for penile augmentation either on line or off line and does not take responsibly for any kinds of pills and/or devices that people use and purchase at their own risk including but not limited to all legal compliance issues related to the use of these products and/or services unless otherwise specifically authorized by him in writing.
Without Dr. Alexander Krakovsky's personal endorsement in writing, any references indicating Dr. Krakovsky's involvement, recommendations and support of any kind, for online and/or off line businesses that are involved in penis enlargement and augmentation should be considered fraud and will be turned over to law enforcement authorities.
People acknowledge and agree that they have read and understood that Dr. Alexander Krakovsky is expressly disclaiming any and all liability related to harm of any kind or nature caused directly or indirectly from the use of products and/or services that have never been associated with him.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller has no liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘INCOME CLAIMS’, OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT AND/OR SERVICE
If claims about results from using this product and/or service or if claims about income or earnings resulting from the use of this product and/or service 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 and/or service.
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 and/or service to make money and, in fact, make no money. Some people buy this product and/or service 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 product and/or service Buyer is buying to learn how to make money or products and/or services 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. 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 and/or service Buyer is purchasing is a physical or intellectual product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product and/or service, Buyer hereby warrants his understanding that there exists some probability that the product and/or service will not deliver those same results to any particular Buyer. The Seller has no liability for thjs result whatsoever.
Where this disclaimer and claims made in sales and promotional materials or the product and/or service 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 and/or service.
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 and/or service, Seller assumes no liability.
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 (including Seller’s product and/or service and intellectual property) or information contained on this website that results in a damage award against the Seller (whether brought by the Buyer or by the Buyer’s relatives).
RIGHT TO STOP SELLING OR SERVICING PRODUCT AND/OR SERVICE 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 and/or service, 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 that the sole and proper jurisdiction shall 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 and/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 and/or service or website, or Modification of the terms of service and/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 and/or service is:
Michael Black
Alexander Krakovsky, MD, PhD, DrSc, AAPS
DrKrakovsky.com
7946 Ivanhoe Ave., Suite 106
La Jolla, CA 92037
doing business as www.drkrakovsky.com
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.
This “Purchase Agreement” is copyrighted © 2003-2013 by Mining Gold Corporation and Nevada Processing Center, Inc, and is fully licensed for use by this website.
