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.
EXCLUSIVE LEAD
The exclusive period for a
lead is no less than 3 days. The lead may be resold after 3 days this is at the
sole discretion of Our Company and or its affiliates.
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, POP-UPS, 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 is uncommon in practice, 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.
QUESTIONS, COMMENTS, OR
REPORT OF INCIDENTS
You may direct questions, comments or reports to:
Our company.
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: January 18,
2007
COPYRIGHT
This Privacy Policy is used under license.
The copyright is owned by our company.
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)
