PRIVACY POLICY
IMPORTANT — PLEASE READ
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:
Log Files
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
We do use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums.
We also use third party advertisements on this site to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
More specifically, Google, as a third party vendor, uses cookies to serve ads on this site.
Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our sites and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
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 this website or its agents to use it in
fraud investigation or for litigation.>
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site
providing 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.
All hearings will take place in Phoenix,
Arizona.
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 shall be Phoenix,
Arizona. In the event of
litigation in federal court, it shall take place in Phoenix, Arizona.