Terrible Terms of Purchase, or Purchase Agreement…
Sunday, January 31st, 2010Today I received an email that I was chosen as a beta tester of a program. Only 100 people will be able to be part of this beta tester team, and the price of the product for the beta testers is minimal – only $97, while the product will be sold for a price between $497 and $1997. And because the product is created with some secret technology that sparkled my imagination I was about to buy it. To be honest the sales letter sucked big time, but as I said – I was curious enough and willing to purchase – until I got to the documents underneath the “I want to be a secret beta tester” buy button.
And the more I read of these, the bigger, the shock became… And in other words – I was dissuaded from purchasing this secretive invention that otherwise – if mine – would have made me able to create anything I wanted within 22 minutes a day. And I still am a bit hesitant – shall I go for it – no matter that I am giving away all my rights? And that there is no refund whatsoever is not the problem at all, or that they will be sewing me if I still wanted one, or made a refund request with the credit card I was purchasing with. There were the other things that bothered me, and these were – that I agree beforehand to receive emails and sales letters from companies – to whom, the seller has sold my info (so I am a “lead”). While I was reading the RIGHTS AND OBLIGATIONS OF THE BUYER my inner voice was already screaming – DO NOT BUY! And I was only about 1/3rd of the document…
The other things that stopped me from buying were:
1) That the product is sold ‘as is’ without warranty or guarantee of any kind.
2) That the buyer agrees to accept all risk associated with the use of this product.
3) That the seller is disclaiming all liability whatsoever.
4) 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.
5) 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.
6) 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.
7) Buyer understands that some states do not allow limitation of liability.
And there are so much more disturbing disclaimers following the once that I just mentioned. However the weirdest thing was underneath on the Purchase Agreement:
This “Purchase Agreement” is © 2003-2008 by ……….. Corporation and ……. Processing Center, Inc. (888) ……., and is fully licensed for use by this website. If you wish to lawfully use this Terms of Use on your website, contact support@………..com for licensing information or visit “legal documents website.”
The website mentioned above under “legal documents website” is down, and the website that was in the email address goes to a totally different type of a site – an affiliate website that has nothing to do with Internet law whatsoever. According to me the seller is not aware that the “legal document” – aka Purchase Agreement that they are using up to this date is no longer “legal.” And most probably against the new FTC rules. Nevertheless since I am not an attorney – I am not making any claims as to what is legal, or not here.
The mentioned Purchase Agreement could be downloaded from the following link by right clicking, and saving the Safe Target As… Everything is exactly as on their website, except for me taking off the companies name, and telephone, and address. And the email address and link to the website of the quoted above text.
The entire purpose of this post is to make you aware as to why one needs to read every disclaimer page on a product’s website before you think of pulling out your credit card.
Beware my friends and be always fabulous.

































