Privacy Policy

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.