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.
A
NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003
--OPPA)
It
is the intent of the Privacy Policy to comply with the California
Act. Various provisions throughout this Privacy Policy
address requirements of the act. In summary, you must presume
that we collect electronic information from all visitors.
This is not usually personally identifiable. If you purchase
a product or service via this website (and thereby become covered by
the Act), the purchase agreement you electronically sign prior to
purchase allows the website to collect and archive all the personal
information you provide and to transmit and/or transfer that personal
information to third parties. There is no way you can modify
this information and you have no right to do so. Under the
terms of the purchase agreement, you have no right to view or receive
any information about our database. In the event that the
website, under advice of counsel agrees to divulge information, the
requesting party must submit whatever information is demanded by the
website in insure that the website is releasing information to the
correct party. Other provisions of the OPPA may exempt this
website from complying. While we take measures to ensure that
outside parties do not have access to any information we have about
you, we do not warranty that outside parties will not breach our system
and thus have access to your information. (You should know
that merchant service providers do not allow us access to your credit
card information.) This Privacy Policy also is subject to
change without notice. You are required to read it prior to
using the website. By interacting with the website you agree
to the terms and conditions of the Privacy Policy. By using
the website or purchasing a product through this website, you waive the
right to use state or federal court systems to address complaints and,
instead, agree to use the American Arbitration Association located in a
city and county specified herein.
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.
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.
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 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).
