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 from
this website is called a "Customer" herein and is subject to this
Privacy Policy. The website, it's agents, owners,
operators, and employees are referred to collectively herein as
"Website".
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, 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) as amended from time to
time. 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.
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 by:
VISITOR OR CUSTOMER INFORMATION
OBTAINED FROM 'REGISTRATION' - Registration means that the Visitor or Customer takes active, positive steps to
communicate information to this website when subscribing to website's mailing list.
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 often 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, and you 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 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 full
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 ELECTRONIC MEANS AND
'COOKIES' - Many websites, including this one, collect information
about your computer, your email address, and 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 - This information may be used for general commercial
solicitation by this website.
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.
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 December 28, 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 be 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 Clark
County, Indiana USA. 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).
