Terms And Agreements – Quintana Marketing

Terms And Agreements

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE TO 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 PROGRAM, 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 Program herein sold, where said Program 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 the service described in the promotional and sales materials on this website and/or in promotional materials, all of which are incorporated herein by reference and made a part of this Agreement. The Program includes, without limitation, one-on-one strategy sessions, group coaching calls, access to proprietary tools, digital resources, and related training materials. This bundle of offerings, together with any additional items promoted on the order page, shall collectively be referred to as the “Program” throughout this Agreement. The term “Program” shall be construed to include all elements offered in connection with the sale, whether live, recorded, digital, or otherwise delivered, and shall encompass all promotional and sales materials. Buyer acknowledges and agrees that the Program is a mentorship and education service only, and does not constitute financial, investment, legal, or tax advice.

REFUND POLICY

The Program referenced herein is sold with a strictly limited seven (7) day money-back guarantee. Because the Program provides immediate access to proprietary materials and one-on-one mentorship services, Buyer understands and agrees that all refund requests must be made in writing within seven (7) calendar days from the date of purchase (the “Refund Period”). Refunds will be processed net of transaction and currency conversion fees. After the Refund Period, all sales are final and no refunds will be issued for any reason. Buyer acknowledges that participation in mentorship calls, receipt of proprietary information, access to the members area, or use of related training resources constitutes delivery of substantial value under this Agreement. Buyer further agrees that failure to request a refund during the Refund Period shall be deemed full and final acceptance of the Program, with no right to redress, refund, chargeback, or reversal thereafter. Buyer understands that the one-on-one nature of the consulting services renders the Program non-returnable and non-transferable, and therefore accepts that the Seller’s sole obligation is limited to providing the services described. Any attempt to initiate a chargeback after the Refund Period shall constitute a material breach of this Agreement, entitling Seller to recover damages, legal fees, and costs of enforcement.

FURTHER DESCRIPTION OF THE PROGRAM, SERVICE OR MEMBERSHIP

Buyer warrants an understanding that the Program may comprise multiple elements, including but not limited to one-on-one mentorship sessions, group coaching calls, proprietary softwares, digital resources, and training materials. Buyer acknowledges that these components may be delivered in various formats, whether live, recorded, or digital, and may be updated or supplemented at Seller’s discretion. Unless expressly stated in the promotional or sales materials, Buyer has no license, permission, or right to duplicate, reproduce, distribute, sell, or otherwise share any part of the Program in any form, whether for profit or not, and agrees that all such rights are expressly reserved by Seller.

RIGHTS AND OBLIGATIONS OF THE BUYER

The Buyer must pay the full consideration for this Program that the Seller requires as the total price of the Program. 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, Program updates, Program recall notices, Program improvements, telephone calls from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the instant Program or any other Program 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. 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 Program, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering the Program and which will be able to determine if you retain the right to access the Program. 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 Program 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

The Programs and services are 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. There is no ‘warranty period.'

However, in the event that the Buyer claims that the Program is defective, the sole remedy to the Buyer is to accept a replacement Program or a refund. The period for the Buyer to determine if the Program is defective and request a replacement or refund is 7 days from the date of the order. During this 7 day period, the Buyer may request and will receive a refund for any reason.

If the Buyer is purchasing a membership in this site, the terms of membership as specified in the solicitation materials are controlling. If the Buyer is purchasing, through this site, a Program, including membership, that is to be provided by a third party, the Buyer must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short.

ASSUMPTION OF RISK

Buyer agrees to accept all risks associated with participation in the Program, including but not limited to financial loss, market volatility, changes in economic conditions, tax obligations, and compliance with all applicable laws and regulations. Buyer acknowledges that cryptocurrency trading and investing are inherently speculative and volatile, and that results will vary depending on numerous factors beyond the Seller’s control. Buyer warrants an understanding that the Seller is expressly disclaiming all liability for any harm, loss, or damage of any kind or nature, whether direct or indirect, arising from Buyer’s participation in the Program, use of Program materials, or reliance on information provided by the Seller. Buyer further agrees, as part of the consideration required to purchase this Program, to carefully review and evaluate the Program during the Refund Period and to immediately request a refund if the Program is deemed unsatisfactory.

LIMITATION OF LIABILITY AND DISCLAIMER

Buyer warrants an understanding, as required consideration, that the Seller of this Program disclaims all liability for the Program or damages resulting from use or installation or reliance upon this Program for any reason. Buyer alone accepts full responsibility for allowing others to use this Program. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the Program 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 Program 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 Program, or no matter what damage may be allegedly or actually caused by the use of this Program, or no matter the harm or damage that may result directly or indirectly from the purchase of this Program, 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 Program.

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this Program, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the Program 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 PROGRAM CONTENT

Buyer agrees that the Seller's total liability, even for erroneous Program content that causes damage to the Buyer, shall be limited to the purchase price paid for the Program.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PROGRAM

Buyer agrees that the Seller's total liability, even from harm caused to the Buyer or to others from use of the Program, shall be limited to the purchase price paid for the Program.

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 Program.

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 PROGRAM

If claims about results from using this Program or if claims about income or earnings resulting from the use of this Program 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 Program.

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 Program to make money and, in fact, make no money. Some people buy this Program 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 Programs Buyer is buying to learn how to make money or Programs 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 a 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 Program Buyer is purchasing a membership or a Program plan' that claims to produce speciﬁc beneﬁts or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or plan' upon notice to the Seller. In this case, the promotional materials describing the membership and the plan and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.

Where this disclaimer and claims made in sales and promotional materials or the Program 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 Program or service and Buyer warrants an understanding that Buyer's only course of action is to test this Program 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 Program, the maximum amount of liability shall be the purchase price of the Program.

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 Program or information contained on this website that results in a damage award against the Seller.

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 Program, 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 Program 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 Program or Service or Membership or Subscription, Termination of a Program, Program or website, or Modiﬁcation of the terms of service or Program.

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.