In addition to paying the purchase price for a Resell Guide Product or Products (the Product), as a material part of the contract for purchase of the Products, Purchaser agrees and stipulates forever as follows:
1 The Product is authored, published and fully copyrighted by Resell Guide, Located in Mumbai, India
2. The use of the Product, and of any of its contents, is strictly limited to the individual purchasing the Product or to the current business entity purchasing the Product and its employees, to the extent applicable (Purchaser). The use of the Product may not be assigned. The Product and its contents may not be used by any successor business entity. While Purchaser may have paid a one time fee for 'lifetime' Membership, Purchaser agrees that 'lifetime' shall be defined as being the period that the Product remains the property of Resell Guide, Inc under its current ownership and continues to be developed and supported by Resell Guide, Inc.
3.Purchaser agrees it may and will only use the Product and its contents for the sole purpose of contacting the distributors listed in the Product for the sole purpose of establishing the Purchaser's own retail accounts with said distributors. The information provided in the tool may not be manipulated in any manner or placed into any other “tool” with the use of scrapers, bots or manually entered without written consent by Resell Guide, CEO, Pranav Chavda on official company letterhead. The education component of the product is provided for the sole use of the Purchaser.
4. The Product and the information in the Product may not be disseminated to any third-party in any medium under any set of circumstances except as expressed herein. For example, the Product and its contents may not be reproduced and circulated. The Product and its contents may not be posted to Purchaser's website. The Product and the information in it may not be reprinted, resold, transferred, or given away, in part or in full, in any manner, without the express advance written consent of Resell Guide, its assigns or successors.
5. Purchaser forever agrees and stipulates that in the case of any alleged violation of paragraphs 1 through 4 of this contract, Resell Guide, Inc., its assigns and successors, shall have the immediate right to the issuance of a temporary injunction restraining and preventing further violations of this agreement. Purchaser and its successors forever waive any requirement of notice of any hearing or the posting of any bond for the issuance of said injunction. Purchaser and its successors forever stipulate said injunction shall remain in place without the requirement of any bond until the Court of competent jurisdiction issuing the injunction rules finally on the merits of the case. Purchaser and its successors forever stipulate that the alleged violation of paragraphs 1 through 4 herein constitutes irreparable injury to Resell Guide, Inc. for which there is no adequate remedy at law. Purchaser and its successors forever stipulate that when Resell Guide, Inc. applies for any injunction as described herein, the filing by Resell Guide, Inc. of an affidavit simply alleging the violation of paragraphs 1 through 4 of this Agreement is a sufficient showing of irreparable injury and an adequate remedy at law to have that injunction issued and to keep the injunction in place without a bond until the case merits are ultimately decided. Purchaser and its successors shall not in any such action move for the dissolution of a temporary injunction, request that a bond be posted to keep said injunction in place, or argue the absence of irreparable injury or inadequate remedy at law. For purposes of this section, Purchaser shall be construed as any offending party and its present or past employees or agents. If the injunction must be domesticated in any foreign jurisdiction, Purchaser and its successors also forever waive any requirement of the posting of any bond or its substantial equivalent in the foreign jurisdiction for purposes of having the bond issued, kept in place, or enforced.
6. Purchaser and its successors further agree that if Resell Guide, Inc., or its assigns and successors, allege by way of affidavit the violation of any temporary or permanent injunction issued per paragraph 5, that Resell Guide, Inc., its assigns and successors, shall have the immediate right to pursue contempt charges against Purchaser and/or its successors, and their principals, and to immediately have issued a judgment of contempt, or its substantial equivalent, requiring the arrest and/or incarceration of Purchaser, its principals, and successors until compliance with the injunction is had. Purchaser and it successors forever waive the requirement of the posting of a bond or its equivalent in any jurisdiction in which enforcement of this section is sought.
7. Purchaser and its successors forever agree the sole venue for any civil action arising out of or related to this Agreement or brought by any party to this Agreement shall be in state court, Mumbai, India. Primary venue shall not lie in any other jurisdiction where it is alleged that a party to this Agreement or its successors violated this Agreement. Purchaser and its successors forever stipulate they will not attempt to remove/transfer any action from Mumbai to any other jurisdiction or to Federal Court. Maharashtra law shall govern in any action. Purchaser and its successors stipulate that any order, decree, injunction, or judgment, whether final or non-final, issued by the Mumbai Court, may immediately be domesticated and/or enforced in any other jurisdiction without the necessity of the posting of any bond or its equivalent by Resell Guide, Inc.
8. In any civil action brought to enforce any provision of this Agreement or arising out of or relating in any way to this agreement, the prevailing party in said action shall be entitled to recover all of its expended fees and costs (not just taxable costs but all costs) expended in that action from the losing parties jointly and severally.
9. Purchaser and its successors forever stipulate that any final judgment for monetary damages or attorney's fees and costs issued pursuant to this Agreement shall be collectible not only from the offending party, Purchaser, or its successors, but also from the principals of same who will automatically be deemed vicariously liable for any judgment issued under any legal theory and regardless of whether said principal is solely, partly, or without fault and regardless of whether Resell Guide, Inc. is partly or totally at fault. The principals of Purchaser or its successors shall act as unconditional guarantors and/or indemnitors of said liabilities. Principals shall include all owners, officers, directors, shareholders, or partners. Purchaser and its successors forever waive any liability shield to these principals for purposes of collection of any monetary judgment of damages and/or attorney's fees issued. pursuant to this Agreement and for purposes of this contract generally.
10. Purchaser, its successors and their principals, forever agree to defend and indemnify Resell Guide, Inc., its assigns and successors, from all demands, claims, liabilities, and losses sustained by Resell Guide, Inc., its assigns or successors, or alleged against them, arising out of this agreement or in any way relating to this Agreement, regardless of the theory of liability alleged against Resell Guide, Inc., regardless of the nature or type of loss sustained by Resell Guide, Inc., its assigns and successors, regardless of whether Purchaser and/or its successors and principals are alleged to be or determined to be partly, solely, or without fault, and regardless of whether it is alleged or determined that Resell Guide, Inc., its successors and/or assigns are partly, solely or without fault.
11. Under no set of circumstances shall Resell Guide, Inc., its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with Purchaser by virtue of its sale of the Product to Purchaser or otherwise by virtue of this Agreement. Additionally, under no set of circumstances shall Resell Guide, Inc., its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with any business entity listed in the Product. All parties to this agreement stipulate, acknowledge, and warrant that Resell Guide, Inc. is a seller and distributor of only the Product. Under no set of circumstances shall Resell Guide, Inc. be deemed a manufacturer, distributor, wholesaler, or retailer of any of the products or goods sold, marketed, distributed or manufactured by any of the entities listed in the Product. Resell Guide, Inc., therefore, cannot and does not warrant the merchantability of any product sold, marketed or distributed by any entity in the Resell Guide Product, nor does it or can it warrant the fitness of any such products for any particular purpose. Accordingly, Resell Guide, Inc. cannot and will not be held responsible under any statutory or common-law products liability laws in the United States or elsewhere.
12. If any portion of this Agreement is deemed legally invalid, void or voidable for any reason, then the remainder of this Agreement shall remain in full force and effect.
13. If this contract is construed by any Court of competent jurisdiction, it shall be construed as if jointly prepared by all parties to it and not strictly against any one party. It shall also be construed wherever possible to afford maximum relief to Resell Guide, Inc., its assigns and successors in the context of potential violations of paragraphs 1 through 4 herein.
14. Guaranty statement: The distributors listed in the Product are actual stocking, factory-authorized wholesale distributors of the products they sell. That means that they own a warehouse, buy in bulk directly from the manufacturers of the products they sell, and ship to customers from their own warehouse location - - real wholesalers - - no "middle man."
15. The refund conditions are incorporated specifically by reference into this contract, are very strict, simply because they need to be. The product is informational in nature, and as such it is easy for Resell Guide to be victimized by those who take what they need and then request a refund. Purchaser's refund rights are only as described in this agreement.
"Seller" is Resell Guide, Located in Mumbai, india. "Purchaser," is the person defined by the name, address and payment identification details provided at the time of purchase and captured in the online purchase order.
Resell Guide is proud of our reputation for providing quality information for the pursuit of successful selling via the Internet. Few people request their money back after purchasing and trying our Resell Guide products, services and Customer Support.
We require that before a refund is requested that customer service is contacted at least once to assist with any questions or concerns. Customer service may be contacted via email at firstname.lastname@example.org.
Purchaser agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory. The request for a Refund must be made within seven (7) days from the date of Purchase.
In the case where the Resell Guide Member has purchased on a recurring monthly payment basis, the seven (7) day return period dates from the date of purchase. From day 8 onwards, no amounts received by Resell Guide up to day seven (7), will be eligible for return since the Member has had full use of the intellectual property for a full seven (7) days. Irrespective of the date of the request for a return, after the first seven (7) days, the first installment is not recoverable.
If you have purchased access to our products in the past and received a refund. You are NOT eligible for another refund if you purchase again.
If you have contacted over 10 suppliers in the time before requesting a refund, we will need to investigate to see if you are actively working with any of those suppliers before issuing a refund. As actively working with our listed suppliers proves satisfaction.
To request a refund or to cancel, please contact support
RECURRING PAYMENT PLAN: In the event of payment default, account will be temporarily suspended until full payment is received. Upon this delinquency, Resell Guide reserves the right to submit account information to a Collections agency to retrieve payment.
CREDIT CARD DISPUTE
Resell Guide asks that you contact us BEFORE contacting your credit card company to register a payment dispute. This process is expensive for any Seller. Because Internet companies have detailed, time stamped records of your transactions, the Seller can challenge a credit card dispute and usually wins. This process is very time consuming for you and for us. Please avoid this by contacting us first. You will find Resell Guide very reasonable about understanding your needs.
As part of Purchaser's Resell Guide' Membership, Purchaser may participate in Resell Guide Blog and Members' Forum. Purchaser may post or email a recommendation that is favorable to Resell Guide and any of the Platform and Education Providers or other products recommended by Purchaser. Purchaser hereby authorizes Resell Guide to quote such recommendation in articles, videos and other media produced by Resell Guide from time-to-time. Purchaser also authorizes Resell Guide to make such favorable comments available to the relevant Platform, Education and Product Providers referenced in the favorable recommendation. Purchaser also authorizes Resell Guide to use Purchaser's full name in publishing such quote but will not disclose Purchaser's personal contact details. Resell Guide will not use or publish any unfavorable comment without first seeking the permission of Purchaser in the event that there is a valid purpose in publishing such comment.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about 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.
No warranties are made whatsoever about the amount of money, if any, that Purchaser will earn from this material or product or service and Purchaser warrants an understanding that Purchaser's only course of action is to test this product and material for the extent of the refund period and request a refund if Purchaser is not satisfied prior to its expiration.
Resell Guide cannot be held responsible for Purchaser's actions with regard to Purchaser's business conduct. Purchaser wholly indemnifies Resell Guide against any legal action which may be brought as a result of Purchaser violating any copyright, trademark or any other legally protected rights of any other company. For example, if Purchaser's business engages in selling illegally marked or counterfeited products illegally bearing the trademarked or copyrighted name or mark of another company without permission, whether the supplier of such merchandise was found through contact with a business or businesses listed in Resell Guide database or not, Purchaser agrees that Resell Guide is indemnified against any legal action, and Purchaser is solely responsible.
Purchaser shall not have the right to request a refund for delays or defaults in providing the Product caused by conditions beyond Resell Guide's control including, but not limited to; Acts of God, Government restrictions, third party included services, wars, insurrections and/or any other cause beyond the reasonable control of Resell Guide.
BY MAINTAINING CONTINUED USE OF Resell Guide PRODUCTS, YOU ACCEPT EACH AND EVERY TERM LISTED ABOVE AND CONSTITUTES A BINDING AND LEGALLY ENFORCEABLE CONTRACT.