Last updated – June 8, 2006
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. Finally, anyone who orders,
attempts to order, or receives a product sold (recipients)
or advertised from this website 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".
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.
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, CVS (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 the general 'SUBMISSION' agreement of this
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.
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.
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.
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).