This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of any of our websites.
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
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). The information and services provided to us or our affiliates, sponsors, and advertisers are also not intended to be viewed by children (under 18 years old). No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside this website and no part of website is structured to attract anyone under the age of 18. If you are under the age of 18, you may not register with this website, enter any sweepstakes or promotions or enter any personal information. In addition, you must be 18 years of age or older to make a purchase on this site. If you are under 18, you may use this site only under the supervision of an adult or guardian. We reserve the right to refuse service, or cancel orders in our sole discretion. 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
LINKS TO THIRD PARTY WEBSITES
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors, subscribers, members, users, 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, User, 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 and polls; it can include on-line forms; it can include a sweepstakes or contest; it can include watching videos or listening to audio files; 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. This information may include (without limitation) your name, postal address, zip code, email address, telephone numbers, fax numbers, instant messaging details, other contact information, credit card information, gender, birth date and information about your interests in various products or services and programs (“Personally Identifiable Information”).
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 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
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND “COOKIES”
Many websites, including this one, automatically collect information about your computer, your email address, your IP address, your browser and operating system, the date and time you used the site, the amount of time you spent on the site and specific pages, and the URL address from which you linked to this website. You must assume that your web-viewing or web-use activity is monitored, tracked, and information on your usage is collected including which pages you visit on the site and how long you spend on each page. 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. We maintain this data in both personally identifiable and aggregate, collective form. We reserve the right to use this data, either in aggregate or personal form, for any business purpose, such as analyzing trends and seeking compatible advertisers and partners.
Like most websites, we employ a data collection device called "cookies." " Cookies" is web jargon for little bits of computer code placed on your hard drive that allow you to interact and communicate more efficiently with the website. They also allow us to track your activities on this site, including but not limited to the advertisements and offers you respond to. 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.
Some of our advertisers may also send cookies to your browser which may be saved on your computer. We have no control over cookies placed by our advertisers. If you don’t want to receive cookies, you may be able to alter the settings of your browser to reject cookies or to notify you when one is about to be placed on your computer. However, if you set your browser to reject cookies, you may find that you are unable to use certain features of the website.
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. All information transmitted, printed, uploaded or otherwise submitted to this website shall be deemed to be the property of the website and its owners/publishers who shall be free to use such information for any lawful purpose as detailed herein. We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law. Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes without your express permission.
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 poll or 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.
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, billing information, 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. We use your personal, demographic and profile data to enhance your experience at our site, improve the performance of the site and to enable us to present content we think you might be interested in. We use your contact information to provide you with various services, including special offers from our advertising partners and to send you information about our company, its websites and promotional material from our partners. We use order information, including billing and shipping information, to fulfill your orders for products and services. If you enter a sweepstakes or contest, we use your personal information to notify you if you are a winner. We also use your personal information to send you news and updates about the website and its contents or about your membership and to send you information about offers that we think may be of interest to you. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, and for editorial or feedback purposes for our advertisers. We also may supplement the information that you provide to us with other information that we receive from third parties and from our affiliates. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online.
By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry. 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 information may be used for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with. If you choose to provide personal information, you must assume it will be used for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to third parties. Any third party we share, rent, sell, or otherwise disclose data to will be prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.
CIRCUMSTANCES IN WHICH WE MAY SHARE YOUR INFORMATION WITH THIRD PARTIES
From time to time, we may share your name, email address, mailing address, billing information and other Personally Identifiable Information with our corporate affiliates, marketing and advertising partners whose products and services we think you might find interesting or relevant. If you do not want to receive information about products and services from us or our partners, please let us know by unsubscribing. If your information has already been shared with our advertising partners when you choose to unsubscribe from our mailing lists, you may also need to unsubscribe directly from our advertising and marketing partners by following the unsubscribe information contained in their messages. We may supplement the information you provide to us with information obtained from other third parties (such as your past purchasing behavior or other contact details), and therefore we may provide your information to such third parties so that they can provide us with enhanced information about you.
We also allow access to our database by third parties and consultants and contractors that provide us with various services such as technical support, advertising and marketing services, product fulfillment services, computer and web management services and data storage services. In addition, if you choose to purchase anything on our site, or engage in any activity involving the use of financial information, you consent to our providing your financial information for such transactions to our service providers and to such third parties as we determine are necessary to support and process your transactions. These third parties may include credit card companies and banking institutions used to verify and process the transaction. By purchasing, making reservations for, or registering for products and/or services of third parties offered on the website, or by participating in programs offered on the website that are administered by third parties and which require you to provide financial information in order to use them, you also consent to our providing details of your financial information to those participating third parties. We will request all such third parties to follow appropriate privacy policies. However, we do not bear any responsibility for any of the actions or the policies of third parties.
We reserve the right to use third-party ad servers or ad networks to serve advertisements to you, in which case we may transfer some or all of the personally identifiable information you already provided to us to these companies. These companies and their clients have their own privacy polices and procedures for which we are not responsible. We encourage you to review their privacy policies for details regarding how your information will be used.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information is not usually known to the website. In the event that it is made known, that information is revealed to third parties in the circumstances previously indicated and never revealed to anyone else except to processing authorities or law enforcement agencies. The provider of such information gives express permission to use it in fraud investigation or for litigation.
BULLETIN BOARDS, CLASSIFIEDS AND PUBLIC FORUMS
Users of website have the opportunity to share information, opinions and ideas with other members through letters, blogs, posts, bulletin boards, chat rooms, instant messaging, social bookmarking, classifieds, emails and forums. We collect the information that our members share with each other on the site through these public discussions. However, visitors, subscribers, members, or customers who use any site provided bulletin boards, classifieds 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 AND OPT-OUT RIGHTS
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, most but not 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. Customer service and similar communications generally will not contain an “unsubscribe” link. You may opt-out of receiving communications from us and/or our partners using these unsubscribe links. If you remove your information from our mailing lists it will no longer be used by us to send promotional correspondence to you. You can remove your information from our mailing lists by clicking on the “unsubscribe” links at the bottoms of emails.
This website takes measures to protect its data that contains information related to you. Despite these efforts, however, we may be unable to prevent and shall not be responsible for unauthorized access and tampering to such information by third parties. 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.
WHERE WE STORE DATA INFORMATION
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
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 at location at the website owner's discretion.
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
Visitor agrees that the applicable law to be applied shall, in all cases, be that of website owner country of operations.
2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
13. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.
16. This Agreement is governed by the laws of the website owner country or state of operations, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate this company and/or its affiliates' intellectual property rights, this company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: a location of the website owner's discretion. Any costs and fees other than attorney fees associated with the mediation will be shared equally.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at a location of the website owner's discretion, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.