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: 31 July 2005
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).
