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:
14/11/2011
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).