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Privacy Policy
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
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.
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, and
CVV2 (back of card) number. 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.
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: 5/21/2009
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 International Centre for Dispute Resolution (ICDR).
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. 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).
CONTACT
INFORMATION
If
there are any questions regarding these policies you may contact
anthony@social-dynamix.com using the information below.
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