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Unsolicited Communications |
This section does not apply to products or services that I specifically request in writing when you have my valid signature on file, inquiries about products or services that I have advertised, requests for collaboration, notifications of errors found on my website, jokes you wish to share, comments on my publications or products, or other related items.
This section applies to unsolicited mail that you send me to inform me about your products or services, to urge me to purchase your products or services, or to invite me to take courses. "Unsolicited communications" refers to sales pitches, surveys, and other unrequested interruptions for YOUR products or services which I did not explicitly request.
Agreement whereby You, the sender of unsolicited communications,
agrees to pay me the amount herein described for each unsolicited
communication.
Due to the overwhelming volume of communications I receive (hundreds of pounds of mail; phone calls at all hours, multiple copies of the same literature, huge amounts of e-mail), I must impose a handling fee of $300 per unsolicited communication, to defray costs of wasted time spent reading and discarding unwanted materials.
Communications are letters or packages sent by mail (private or government carriers), electronic documents, faxes, or phone calls. Unsolicited communications are those communications you send me (without my asking about them) to inform me about your products or services, to urge me to purchase your products or services, to ask me to try/ use your products or services, or to invite me to take courses.
This agreement applies to all individuals and organizations that initiate unsolicited communications. To agree to the terms of this contract, you need merely send me unsolicited communications. If you do not agree to these terms, you should not send me unsolicited communications.
If you would like to have me continue reading and discarding your unsolicited communications, please continue to do so and pay me $300 per item. The price of $300 doubles after every 3rd unsolicited communication. Example: if you sent me 3 e-mail messages and 2 letters, you will owe me 3 ($300) + 2 ($600) = $2,100. In addition, there is a surcharge of $500 for each phone call made before 11 AM and after 4 PM on weekdays or any time Saturday, Sunday and Holidays (Eastern Standard Time for the USA).
If I receive a product or service I did not specifically request, not only will you be responsible for paying me as herein stated, but you also agree to let me keep said product or service and owe you nothing. Please verify that the signature on any order requested by me is actually mine (not a fraudulent misrepresentation). If you receive an order from me and have a question about the validity of my signature and/or order, please send me a confirmation request by email, mail, or fax. This will not be considered an unsolicited communication. If you made misrepresentations of material facts and sent me a product different from the one I ordered, the product you sent me is considered an "unsolicited communication."
Some organizations have used my name, without my permission, to send me unsolicited products or services or communications. If you obtained my name because I became a subscriber or paid for a service or product, you are hereby informed that I made such purchase on condition that my name not be used for unsolicited communications. The terms of this agreement apply to any communications received from any person to whom you provided my name. Both you and the sender are jointly and independently responsible for paying the amounts involved in this contract. If you cannot comply with these requirements, please return my money and delete my name from all organizations to whom my name was provided.
I do not wish to receive any unsolicited communications from you. Therefore, if you send me any communications, it means that you have agreed to pay me in accordance with the terms of this contract. Furthermore, by sending me unsolicited communication, you agree to enforce this contract in the state and county where I reside at the time a lawsuit starts (currently Massachusetts), in accordance with the laws of the state where I reside. Moreover, you agree that any disputes concerning said unsolicited communications will be enforced in the state and county where I reside at the time a lawsuit starts.
You may advertise your products in your web site or public news media, but do not send me unsolicited communications. This notice excludes information transmitted over air waves (TV, radio) or cable TV, as well as products or services that I specifically request in writing, when you have my valid signature on file.
I usually deal only with vendors who know me well. It is highly unlikely that I will purchase a product or service from an unsolicited sales call or unsolicited communication. If you still send me materials to discard, you have to pay for the privilege in accordance with the terms of this contract. If you do not want to enter into this contract, do not send me unsolicited communications. If you send me unsolicited communications, you agree to the terms of the contract, and you agree to pay me whether or not I send you an invoice. You also agree to be sued for breach of contract if you fail to pay the amounts due under this contract.
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By
reading this web site, you agree to read & comply with the following
instructions: You agree to pay us $300 for each unsolicited communication to sell us unsolicited products/services (by e-mail, mail, phone, etc.). Read details. |
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© 1998 Edward N.
Siguel. All rights reserved |
modified 1/15/00 |