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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.
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,
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 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.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
Please use our contact form.
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: June 23,
2008
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.
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 unless otherwise here specified. City
of Peterborough, in the
province of Ontario, CANADA. 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).
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