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Legal Notice & Purchase Agreement

LEGAL NOTICE – READ THIS

 

You may purchase one professional copy of ObamaCare Compliance Manuals and Forms for your practice’s use. Due to the reproducibility of products delivered in electronic and digital formats (via download or CD), compliance manual and compliance forms set are NOT refundable after purchase. Your purchase allows you to customize manuals and forms for you’re a single practice’s use.  When you purchase the ObamaCare Compliance Manuals you agree to the Legal Disclaimer and Terms and Conditions as posted on www.ObamaCareComplianceManual.com (Website), as well as the following Copyright, Legal Notice and Disclaimer, and Purchase Agreement:

 

This publication is protected under the US Copyright Act of 1976 and all other applicable international, federal, state and local laws, and all rights are reserved, including resale rights: you are not allowed to give or sell these Manuals or Forms to anyone else. If you received this publication from anyone other than OCCM Practice Compliance or ObamaCareComplianceManual.com you’ve received a pirated copy. Please contact us via e-mail at support@ObamaCareComplianceManual.com and notify us of the situation.

 

You have purchased a Single User Software License, and may not share or transfer that license under any circumstance. Sharing, copying or allowing the use of your Manuals or Forms may result in the immediate forfeiture of document rights, and forfeiture of document access, website access and any updates offered.

 

Although the author and publisher have made every reasonable attempt to achieve complete accuracy of the content in these Manuals, they assume no responsibility for errors or omissions. Further, you use this information at your own risk. Your particular situation may not be exactly suited to the policies and procedures illustrated here; you should adjust your use of the information and recommendations accordingly.  State laws vary significantly, and you should adjust your use of the Manuals to comply with all applicable laws in your state.

 

Nothing in these Manuals or Forms is intended to replace common sense, legal, medical, financial or other professional advice, and is meant to inform and assist the reader. If you have a legal question, consult a lawyer. If you require other professional advice, contact the appropriate professional.

 

The OCCM Practice Compliance Manuals and Forms are for chiropractic offices with 1- 14 employees. The materials are NOT suitable with offices of 15 or more. If your office has 15 or more employees, contact a consult, lawyer or other professional for advice.

 

OCCM Practice Compliance, OCCM, ObamaCareComplianceManual.com and related sites are owned by a private entity. OCCM Practice Compliance, OCCM, ObamaCareComplianceManual.com and related sites are NOT A GOVERNMENT AGENCY, and are not affiliated with or approved by a government agency.

 

Copyright © 2013 Dr. Don Cross DC, and OCCM Practice Compliance. All rights reserved worldwide. This book has been coded to the original purchaser for tracking copyright infringement.

 

PURCHASE AGREEMENT

WHEN YOU PURCHASE THE OCCM FILES, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.

THIS AGREEMENT IS A BINDING 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.

 

PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are OCCM, the operator of this website, (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, subsidiaries, affiliates, licensors, partners, distributors, content providers, service providers, employees, agents, officers, directors, contractors 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 the Website and/or in an email referencing the 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 (the “Product”).

 

RIGHTS AND OBLIGATIONS OF THE BUYER

The Buyer must pay the full consideration for this Product that the Seller requires as the total price of the Product. 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 promotions and other communications from the Seller, its joint venture partners and third parties with whom they do business or have a contractual relationship as well as their affiliates, distributors, clients and persons with whom they do business via email, mail, text messages, newsletters, and telephone calls. The Buyer may choose to stop receiving promotions and other communication from Seller at any time by following the “unsubscribe” instructions.

 

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 except as specified in Seller’s Terms of Service and Privacy Policy.

 

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.

 

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

Buyer warrants that he or she is over 18 years of age is 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.

 

GUARANTEE AND WARRANTY

We will make no guarantee or warranty with the purchase of the Manuals and Forms.  As these Manuals and Forms are delivered in electronic and/or digital format (online download or CD-ROM) and are highly reproducible in order to allow customization with the purchaser’s name, address, and other pertinent information, no refunds will be made.  Errors within the Manuals, Forms, or made during the customization process are the responsibility of the Buyer, however corrections may be authorized at the discretion of the Seller if such requests are made by the Buyer within 10 days of purchase.  In the event of a damaged file, the Seller reserves the right to repair or replace the file. No refund of monetary funds will be made.

 

LIMITATION ON LIABILITY

SELLER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTNERS, DISTRIBUTORS, 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 SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SELLER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTNERS, DISTRIBUTORS, 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 COMPANY FOR THE APPLICABLE PRODUCT, CONTENT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You will indemnify and hold Seller, its subsidiaries, affiliates, licensors, partners, distributors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any liability, cost or damages that may result from use of any products on Seller’s Website, including Manuals and Forms and other informative information or content. You agree that the Indemnified Parties will have no liability in connection with any such use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information or files contained in the Seller’s products, or Website.

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 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 Alpharetta, GA. In the event that litigation is in a federal court, the proper court shall be the closest federal court to Alpharetta, GA.

 

APPLICABLE LAW

Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller (GA, USA).

 

NOTICE

Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service 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 or website, or Modification of the terms of service 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.

 

MODIFICATION

This Purchase Agreement can be modified at any time by the Seller without notice to the Buyer. The Buyer agrees to be bound by the most current Purchase Agreement, and may view it on the Website (www.ChiropracticCompliance.com). As the Purchase Agreement may be modified periodically, the Buyer assumes responsibility to visit the Website to check for posted changes or updates.

 

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 is:  Dr. Don Cross D.C., OCCM Practice Compliance

And can be contacted at: www.ObamaCareComplianceManual.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.

 

Updated: Sept 9, 2013

 

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