Privacy Policy
This
Privacy Policy describes the terms of our commitment to
your privacy.
PERSONS OR
PARTIES COVERED
This Privacy
Policy is intended to cover all visitors to this
website, all subscribers to lists or newsletters whether
paid or unpaid, all members or affiliates whether paid
or unpaid, and all customers. Persons who visit or view this
website, whether intentionally or unintentionally,
whether solicited or unsolicited, are described herein
as "Visitors" and are parties to this Privacy
Policy. Subscribers to lists or
Newsletters are referred to herein as "Subscribers" and
are parties to the Privacy Policy.
Persons who join an organization or marketing
endeavor (e.g. "affiliates") promoted by this website
are called "Members" herein and are covered by this
Privacy Policy. Finally, anyone who
orders, attempts to order, or receives a product sold
(recipients) or advertised on or delivered from this
website, even at no cost, is called a "Customer" herein
and is subject to this Privacy Policy not only by
passive acceptance, but by virtue of the Purchase
Agreement contract. The website, its
agents, owners, operators, and employees are referred to
collectively herein as "Website," "Site," and/or
"Seller".
PERSONS
EXCLUDED FROM THIS WEBSITE ARE STILL
COVERED
In
the event that a person excluded from this website
because of the Terms of Use or from denial of service by
the website, who nonetheless unlawfully views this site,
that person remains subject to the terms of this Privacy
Policy and is in violation of the Terms of
Use.
PERSONS
UNDER 18 YEARS OF AGE ARE
EXCLUDED FROM THIS WEBSITE
This
website is not lawfully accessible to persons under the
age of 18 or who are otherwise covered by the provisions
of the Child Online Privacy Act of 1998
(COPA). If you are under the age of
18 you must leave this site immediately.
Fraudulent use of this website may make you
subject to civil or criminal sanctions.
VIEWING
AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS
ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance
of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit the
website. If you do not accept these
terms, you have no right to visit this site and you are
fraudulently using this site.
ABOUT
THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW
IT IS USED
This
website routinely collects information about its
visitors, subscribers, members, and
customers. This information is
obtained in various ways, such as:
VISITOR,
SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED
FROM 'REGISTRATION'
Registration
means that the Visitor, Subscriber, Member or Customer
takes active, positive steps to communicate information
to this website. This can include
pages or 'pop ups' where you register for a newsletter
or subscribe to a mailing list; it can include your
participation in visitor surveys; it can include
requesting information from the website via email, mail,
or courier; it may be from joining an affiliate program
or other membership organization, paid or unpaid; it may
be from ordering a product.
Occasionally
complete credit card information may be provided to the
website via fax or a fill-in form rather than regular
secure merchant service processing.
This information is kept at the highest level of
security and is never divulged to anyone except the
merchant service provider or for the purpose of
communication with the customer.
ONLINE
ORDERING
Online
ordering via SSL encrypted communication provided by
shopping cart services supporting merchant service
companies like Visa and Master Card provides information
to the website but does not provide complete credit card
numbers. In the process of online
ordering, the customer provides, name, address, city,
state, email address, phone number, CVV2 (back of card)
number, and, occasionally a member password.
You should consider all this information
available to the website. This
information is used to deliver the product, but under
the Purchase Agreement you also approve its use for
general solicitation purposes.
VISITOR
EMAIL INQUIRIES
Website
visitors who wish to communicate with the website do so
under two conditions: one, they give
their permission for contact by the website; two, they
are subject to any ‘submission’ provisions of the Terms
of Use, Purchase Agreement, or this Privacy
Policy. While your email address may
or may not be used to solicit you, it is added to the
website's general solicitation database.
CUSTOMER
EMAIL OR TESTIMONIALS
If
you are a customer and send an email to the website, or
if you communicate with the site by phone or mail, the
website collects information about your communication
and by communicating with the site you give your permission to collect,
archive, retrieve, and otherwise use any information
collected as the site sees fit.
Any
communication which, in its sole discretion, the site
deems to be a testimonial, may be publicized for
commercial purposes.
INFORMATION
OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS,
OR SITE ADVERTISERS
Visitors
clicking on banners or pop-ups or hyperlinked
advertising, appearing on this website must assume that
information is being collected about them.
This site is not responsible for the use of
information collected in such a fashion.
Visitors must assume that (1)
information will be collected, (2) that ‘cookies’ will
usually be placed on their hard drive, (3) that website
does not have any control over what happens with this
information, (4) that website takes no responsibility
over the accuracy or content of advertisers, (5) that
website is not responsible for downloads from third
party advertisers that contain viruses or worms or other
computer code that causes their computer or software
harm, and (6) that website assumes no responsibility for
the data that is garnered from the click itself or that
the advertiser collects.
INFORMATION
OBTAINED FROM REFERRING EMAIL OR REFERRING
URLS
If
you send a friend an email from this site or if you send
the url or one of our web pages to
a friend, you must assume that some data is collected
about your IP address or your email address and that of
your friend. You must assume that
referred emails or web pages may appear to come from
your email. You must accept fully
responsibility for referring pages or email to a friend
and agree to indemnify this site for any damage,
intentional or unintentional that results from said
referrals.
INFORMATION
OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless
otherwise specified in the survey, you must assume that
any information provided to the website as part of a
survey in which you participate may be used for general
solicitation for commercial purposes and that such
information will be shared with joint venture partners,
affiliates, marketing organization or used by the site
itself for product design or solicitation
purposes.
INFORMATION
OBTAINED FROM ELECTRONIC MEANS AND
'COOKIES'
Many
websites, including this one, collect information about
your computer, your email address, your IP
address. You must assume that your
web-viewing or web-use activity is monitored, tracked,
and information collected. This
information is not usually of a personal nature, but it
may help define your viewing habits and product
preferences even though the website may or may not have
any idea who you are.
"Cookies"
is web jargon for bits of computer code placed on your
hard drive. Websites use this to keep
you 'logged in', to keep track of search criteria, to
monitor use, to password protect use of the site or use
of products sold by the site. Cookies
can also be used to obtain information about your
computer configuration or your use of your
computer.
Cookies
can be used to electronically gather information about
you. Again, it may or may not be
personal information, but it is information and by using
this site you are expressly giving permission to use
'cookies' and to use the information gathered from their
use to benefit you. You also give
permission to collect, archive, retrieve, and use any
information collected for product design, product offers
to you, and general commercial solicitation purposes by
this site or joint venture partners, affiliates, and
marketing organizations.
HOW
INFORMATION MAY BE USED
The
use of information as described below may or may not be how information
that is collected is customarily used by this
site. While actual use of any
information collected may be used quite conservatively,
you must assume that it is not. You
must assume that information collected is shared with
other persons or entities for commercial
purposes. While this may or may not
occur, you must assume that it is as you make your
decision whether or not to view or interact with this
website. This type of shared
information may include your name, address, phone
number, email address and buying habits, as well as
other information. This information
may be used for general commercial solicitation by this
website or other persons it is sold to, rented to, or
shared with.
INFORMATION
THAT IS NOT SHARED
Credit
card information or other financial information is not
usually known to the website.
However, in the event that it is made known, that
information is never revealed to anyone except to
processing authorities or law enforcement
agencies. However, the provider of
such information gives express permission to use it in
fraud investigation or for litigation.
BULLETIN
BOARDS AND PUBLIC FORUMS
Visitors,
subscribers, members, or customers who use any site
provided bulletin boards or other public forums, such as
chat rooms, do so at their own risk.
You may not assume that the site monitors these
services or protects you in any manner from information
you post publicly or share with anyone else via these
services.
SPAM
By
providing to this website information that forms the
basis of communication with you, such as an email
address, you waive all rights to file complaints
concerning unsolicited email or spam from this website
since, by providing such information, you agree to
receive communication from us or other marketing
organizations. However, all email
communication with you shall contain an 'unsubscribe'
link where you may notify the website that you no longer
wish to receive solicitations or information from the
website and your name will be removed from the general
solicitation database.
DATA
SECURITY
This
website takes measures to protect its data that contains
information related to you. However,
as a consideration for viewing this site or interacting
with this site in any manner, you waive all claims of
any nature against this site concerning the loss,
alteration, or misuse of information.
You must assume that it is possible for your
personal data to be obtained by others, such as
"hackers," and used in an inappropriate manner that may
cause you harm and that you
agree that the site is not responsible for damages to
you.
REVISIONS
TO THIS PRIVACY POLICY WITHOUT NOTICE
This
Privacy Policy is dynamic. It will
continually change. You may not
assume that it remains the same and you agree to check
the policy each time you visit the site for
changes. Unless, in the sole opinion
of the website, this policy changes so drastically as to
suggest a posted notification on the site or via email,
you will receive no notification of changes to this
Privacy Policy nor, under any
circumstances, does this site promise
notification. Your continued use of
this site always evidences your acceptance of the terms
this Privacy Policy or any modifications.
LATEST
UPDATE
This
Privacy Policy was last updated on:
1/10/2010
DISPUTES
As part of
the consideration that the Website requires of the
Visitor to view, use, or interact with this site,
Visitor 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.
In no case
shall the Visitor have the right to go to court or have
a jury trial. Visitor 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 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, Visitor agrees
to that the sole and proper jurisdiction to be the state
and city declared in the contact information of the web
owner unless otherwise here specified. In the event that
litigation is in a federal court, the proper court shall
be the closest federal court to the Seller's
address.
APPLICABLE
LAW
Visitor
agrees that the applicable law to be applied shall, in
all cases, be that of the state of the Website
owner(s).
