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The
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PRIVACY POLICY IMPORTANT - PLEASE
READ This Privacy Policy
describes the terms of our commitment to your privacy. PERSONS EXCLUDED FROM THIS WEBSITE ARE
STILL COVERED |
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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 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: 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:
March, 10th 2009 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 |
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