Purchase Agreement

Purchase Agreement

Notice: Please Read This

WHEN YOU SUBMIT AN ORDER OR CLICK THE "I ACCEPT" BUTTON AT THE BOTTOM OF A DOCUMENT, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.

Dear Valued Patrons,

These are great products and we're sure you'll be happy that you purchase. In fact, we guarantee your satisfaction with our 30-day refund policy as described on our web site and detailed below by the lawyers. References to TEDCO, Inc. refers only to products, e.g., Miracle II Soap, sold or promoted by TEDCO, Inc. All other products promoted by Burk Hale, Inc. are covered by the companies selling and promoting those products.

The complete agreement that follows is well designed by lawyers. It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability. But let's cut to the chase. Whatever claims and promises are made in the promotional materials or on Burk Hale, Inc. websites, Burk Hale, Inc. promoted websites or affiliated websites, we honor them and we guarantee them within the terms and limitations set forth. For legal reasons “patrons” is hereinafter referred to as “customers”, but we view you as more than a commercial entity and prefer to view you as valued patrons.

The legalese and full details of this agreement is presented below. Enjoy the read and Congratulations on your choice. We wish you the very best!

Love & Light of our Creator,

Burk-Elder: Hale, Third
Vice-President of Burk Hale, Inc.

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, WARRANTY AND PURCHASE 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

The parties to this agreement are the website and/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 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, 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.

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$10,000.00 per fraudulent transaction, plus actual damages, and agrees that all information collected by Burk Hale, Inc. websites 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 more than one refund, or if he causes a fraudulent dispute claim that results in a charge back against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card [OR OTHER METHOD OF PAYMENT IF USED] 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.

ASSUMPTION OF RISK

Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to any product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from any product. Buyer agrees, as part of the consideration required to purchase any product, to carefully review and test any product during the refund period and to immediately request a refund authorization number and to comply with the conditions of the refund policy if the product is not satisfactory. The Buyer must or shall contact the Seller within 60 days from the receipt of the order by the Seller or the stamped post date on the mail order envelope or the email date of the email from the Buyer if the Buyer has not received the product within 60 days from the previously specified times. As previously specified, if the Buyer does not contact and notify the Seller within 60 days from the receipt of the order by the Seller that the products have not been delivered the Buyer accepts all risk of loss of products and may not or shall not hold the Seller liable for any losses incurred by the Buyer.

CUSTOM ORDERS

Buyer agrees to accept the following conditions of sale on any and all custom orders and to waive any and all legal rights granted by statute or law regardless of there respective jurisdiction on custom orders. Custom orders are defined as orders whereby any modification is made to the standard product by special request or by special option. Other special modifications also include special modifications requested by the customer and not listed on Burk Hale, Inc. sites. In all cases custom orders require advance payment or a deposit equal to 100% of the purchase price including shipping and handling charges if they so apply. The customer also specifically waives the normal shipping times on all custom orders. The factory will drop-ship [all orders are drop-shipped] the custom orders upon completion of the manufacturing of the custom order. Custom orders are not illegible for return for refund under the terms and conditions detailed on this page. Custom orders may require additional processing time beyond that normally required on standard orders and customer agrees to waive the requirement in regards to order and shipping times.

DISCLAIMER

Products Not Intended For Medical Purposes.

The US Food & Drug Administration (FDA) prohibits manufacturers of instruments from making health or therapeutic claims for effects relating to the physical or mental illness being currently treated by members of the medical profession and/or other licensed practitioners unless said instruments have been registered by the FDA. Nothing on this web site is intended to diagnose, treat or cure any physical or mental problems or medical conditions. Information on this site is intended to be used for educational and customer evaluation purposes only. The statements on this site have not been evaluated by the FDA in the United States of America or any other Governmental agency associated with any other Country or Organization, and as such, they shall not be construed as medical advice, implied or otherwise.

All people not excluded by other terms and conditions are welcome to enter Burk Hale, Inc. sites; Except those affiliated with any government, or any ANTI-Health, or any ANTI-Spiritual Information/Growth group or any other related group including but not limited to regulatory agencies/groups, or if you were formally a worker of one you are forbidden to enter this web site, or access any of it's files by any means.

The information provided on this site should not be construed as personal medical advice or instruction. No action should be taken based solely on the contents of this site. Readers should consult appropriate health professionals on any matter relating to their health and well-being. The information and opinions provided here are believed to be accurate and sound, based on the best judgment available to the authors, but readers who fail to consult appropriate health authorities assume the risk of any injuries. The publisher is not responsible for errors or omissions.

Technical data and statistical information contained in Burk Hale, Inc. Web sites have been derived from information supplied by the respective manufacturers, distributors and obtained from other sources believed to be accurate. Although we believe that the information is generally correct, we do not assume any responsibility whatsoever for its accuracy. Conditions and purposes of which customers may use products and information available on the web site are beyond our knowledge or control and consequently we assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the product or information presented. Users of the web site and products listed on it or purchased through Burk Hale, Inc. web sites do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims, which may arise out of or in connection with the use of any data, information or items described in the web site.

Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR MEDICAL PURPOSE.

You understand that our Burk Hale, Inc. web sites 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 or invasive 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. Burk Hale, Inc. does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Burk Hale, Inc. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is and without warranties of any kind, either expressed or implied. Burk Hale, Inc. disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Burk Hale, Inc. does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Burk Hale, Inc. does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Burk Hale, Inc. may make changes or improvements at any time. You, and not Burk Hale, Inc., assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Burk Hale, Inc. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Burk Hale, Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

WARRANTY

Burk Hale, Inc. does not warranty Burk Hale, Inc. web sites (any website denoting a Burk Hale, Inc. copyright) in any way or by any means. Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Burk Hale, Inc. products carry a Limited Warranty.

This limited warranty is valid only on Burk Hale, Inc. products purchased and used in the continental United States of America, and Canada, excluding the United States other territories and protectorates. This limited warranty applies only to the original purchaser, and does not apply to products used for industrial or commercial purposes. Certain terms and conditions apply to this warranty.

FOR 30 DAYS from the date of purchase, TEDCO, Inc. will replace any defect product found to have a factory defect in materials or workmanship for Burk Hale, Inc. Replacements will be contingent on availability and at the sole discretion of Burk Hale, Inc..

DAMAGE WHILE IN TRANSIT is covered under the limited warranty and TEDCO, Inc. will replace the damaged product for Burk Hale, Inc. Replacements will be contingent on availability and at the sole discretion of Burk Hale, Inc.

TERMS AND CONDITIONS

Filters and pumps and other consumables are strictly not covered under the 30 day warranty as they have an indefinite life depending totally upon operating conditions beyond the control of Burk Hale, Inc.

Any product returned under the warranty must be approved in advance by Burk-Elder: Hale, Third, Vice-President of Burk Hale, Inc. by contacting Burk Hale, Inc. and obtaining a return authorization number prior to shipment. The return authorization number must be clearly marked on the outside of the box used to return the product in. Failure to request and obtain a return authorization number and mark it clearly on the exterior of the box used to return the product before returning a product voids the warranty and relieves Burk Hale, Inc. of all obligations to fulfill the warranty. The effective starting date of the warranty is the date of purchase in all cases. Date of purchase is herein defined as the date upon which the product order was received by Burk Hale, Inc. Products returned for warranty must be shipped to Burk Hale, Inc. at the mailing location specified with the return authorization number. Shipping must be prepaid by the customer. Products returned for warranty must be repackaged in the box received with all packing materials. Customers that receive a product damaged during shipment must contact Burk Hale, Inc. by phone or Email within 3 business days of receipt, and retain all packages and packing materials; and follow instructions provided by Burk Hale, Inc. to avoid making the warranty void.

OBLIGATIONS

UNDER THE 30 DAY WARRANTY:
For 30 days from the date of purchase, Burk Hale, Inc. and TEDCO, Inc. warrants products to be free from defects in material and workmanship under normal use and usage conditions when used as historically used as posted on Burk Hale, Inc. websites. Should replacement be necessary under this warranty for any reason due to manufacturing defect or malfunction during the 30 days from date of original purchase, TEDCO, Inc. will provide a new or product for Burk Hale, Inc. by shipment to the original address of receipt if ordered from Burk Hale, Inc., to the purchaser if purchased from Burk Hale, Inc.

UNDER THE DAMAGED IN TRANSIT WARRANTY:
For Three business day's after receipt, TEDCO Inc., warrants for Burk Hale, Inc. and purchasers therefrom it's products to be free from damage as a result of shipping personnel. Should replacement be necessary under this warranty, TEDCO, Inc. will provide a new product for Burk Hale, Inc. patrons (“customers”) by shipment to the original address of receipt. Burk Hale, Inc. will direct the customer on what to do in such a case by instructions in writing or verbally at the sole discretion of Burk Hale, Inc.

Burk Hale, Inc. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE.

30 DAY REFUND POLICY

FOR 30 DAYS from the date of purchase, Burk Hale, Inc. will refund the amount of purchase less shipping, handling and restocking fee of 24% if the customer is not satisfied with the Burk Hale, Inc. product from TEDCO, Inc., when used under normal use and conditions and when used as historically noted on Burk Hale, Inc. web sites. Giving the Buyer a refund during the refund period is the full and complete liability that the Seller of this product, service or membership has to the Buyer. Buyer agrees that the length of the refund period is reasonable and further agrees to try the product as directed, during the 30 day refund period as a condition of the refund policy. Buyer further warrants that he or she will make a determination during the 30 day refund period if the product is as described and to decide whether the Buyer wishes to keep the product. If the Buyer does not contact the Seller during the refund period, Buyer agrees that the Seller may construe silence as a full, complete and final acceptance of the product with no further right of redress or refund for any reason due the Buyer. Certain terms and conditions apply to this refund policy and are detailed in the following and elsewhere on Burk Hale, Inc. web sites.

The product must be returned in like new condition to be eligible for a refund with exceptions being at the sole discretion of Burk Hale, Inc.

The 30-day refund period will start from the day the product order is received by the purchaser.

Any product returned under the refund policy must be approved in advance by Burk Hale, Inc. by contacting the company and obtaining a return authorization number prior to shipment. The return authorization number must be clearly marked on the outside of the box used to return the product in. Products returned for refund must be shipped to the address specified with the return authorization number. Shipping must be prepaid by the customer. Products returned for refund must be repackaged in the box received with all packing materials.

Products returned under the 30 day refund policy will be inspected for customer misuse and or abuse. If indications are found which may lead Burk Hale, Inc. inspectors to believe that the product was damaged by the customer misuse and/or abuse and returned thereafter for a refund, the refund policy will be void and Burk Hale, Inc. will dispose of the returned product at its discretion without notification to the customer. Burk Hale, Inc. will note in company records that such refund policy terms were voided and what indications were present upon inspection. Upon request Burk Hale, Inc. will provide the customer with the recorded information in writing or verbally at the sole discretion of Burk Hale, Inc..

Should refund be applicable under this policy for any reason not excluded or made void by the terms and conditions, Burk Hale, Inc. will provide payment or credit by a means of its choice within 180 day's.

Failure to comply with any of these conditions voids the refund policy and relieves Burk Hale, Inc. of all obligations to fulfill the refund.

RIGHTS AND OBLIGATIONS OF THE BUYER

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 updates, product recall notices, product improvements, telephone calls from the Seller. Seller forever retains the right to contact Buyer concerning information relating to the product purchased or for legal purposes. 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 product, waives all right to access, retrieve, or control such information.

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 may 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 product 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.

SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

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

However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including misfortune. Some people buy these products for health reasons or to make money and, in fact, make no money. Some people buy this product and never read about the product or attempt to use the product as historically noted or attempt to implement any of the health or moneymaking ideas. Some folks seemingly take to it like a duck to water and experience all kinds of health and spiritual benefits or can't stop making money. Nothing promoted on Burk Hale, Inc. websites should be construed as a cure for any medical condition or 'Get rich quick' scheme. The customer feedback / 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.

If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.

If the product Buyer is purchasing is a membership or a product *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 product 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 or service and Buyer warrants an understanding that Buyer's only course of action is to test this product 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 product, the maximum amount of liability shall be the purchase price of the product.

PRIVACY POLICY ACCEPTED

Buyer expressly accepts the terms of the Privacy Policy of Seller's website.

TERMS OF USE / TERMS OF SERVICE ACCEPTED

Buyer expressly accepts the Terms of Use of the Seller's website.

INDEMNIFICATION

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.

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, subject only to the 30 day return policy, without notice.

Buyer understands that the Seller may discontinue affiliate programs under the terms of the affiliate program.

Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice.

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, 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 Delaware since Burk Hale, Inc. is as Delaware corporation.

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.

MODIFICATION

This Purchase Agreement may be modified in any manner by the Seller at any time and Buyer is held to these modifications 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.

FINAL ACCEPTANCE

By taking the affirmative step of placing an order, or clicking the "I Accept" button, or checking an Acceptance box, and the 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.
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SUBMISSIONS

You hereby grant to Burk Hale, Inc. 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 (personnel or company " Burk Hale, Inc.") through this site or any other (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. Burk Hale, Inc. will not be required to treat any Submission as confidential, and may use any Submission in its 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 Burk Hale, Inc. operations.
Burk Hale, Inc. r will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on Burk Hale, Inc. sites.

LIMITATION ON LIABILITY

IN NO EVENT SHALL Burk Hale, Inc. BE LIABLE FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE OR ANY PRODUCT DESCRIBED, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

IF, DESPITE THE LANGUAGE OF THE TERMS OF USE, Burk Hale, Inc. BECOMES LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR RELATED IN ANY WAY TO YOUR ACCESS, USE OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCT DESCRIBED IN THE WEB SITE, THEN Burk Hale, Inc., ITS SUBSIDIARIES, AFFILIATES, LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Burk Hale, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Burk Hale, Inc. AND ITS SUBSIDIARIES, AFFILIATES, LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Burk Hale, Inc. FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

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

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

Buyer agrees 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.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT

Buyer agrees 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.

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 product.

By viewing any page of this site or purchasing any product or service, you affirm and agree to all of the above conditions.

Last updated: May 26,2004 A.D.

Burk Hale, Inc