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Privacy
Policy / Terms of Use
Privacy
Policy
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:
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.
Please
see our payment processor’s Privacy Policy concerning the
information collected with the purpose of processing online payments.
Our payment processor is ClickBank®. You can read their Privacy
Policy here.
Terms
of Use
READING
AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS
OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR
THE WEBSITE GRANTING YOU THE RIGHT TO VISIT‚ READ OR INTERACT
WITH IT.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE
TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING‚ VISITING‚ USING‚ OR INTERACTING
WITH THIS WEBSITE OR WITH ANY BANNER‚
POP–UP‚ OR ADVERTISING THAT APPEARS ON
IT‚ YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF
USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR
ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY‚ WHICH YOU
ACCEPT AS A CONDITION FOR VIEWING‚ THE WEBSITE IS ALLOWED TO
COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND
FOR MANY OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN
AFFIRMATIVE DUTY‚ AS PART OF THE CONSIDERATION FOR PERMISSION
TO VIEW THIS WEBSITE‚ TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors‚ viewers‚ users‚
subscribers‚ members‚ affiliates‚ or
customers‚ collectively referred to herein as
“Visitors‚” are parties to this
agreement. The website and its owners and/or operators are parties to
this agreement‚ herein referred to as
“Website.”
USE
OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this
website to the contrary‚ visitors‚
viewers‚ subscribers‚ members‚
affiliates‚ or customers have no right to use this
information in a commercial or public setting; they have no right to
broadcast it‚ copy it‚ save it‚ print
it‚ sell it‚ or publish any portions of the content
of this website. By viewing the contents of this website you agree this
condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties.
Again‚ Visitor has no rights whatsoever to use the content
of‚ or portions thereof‚ including its
databases‚ invisible pages‚ linked pages‚
underlying code‚ or other intellectual property the site may
contain‚ for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of
U.S.$100‚000 in addition to costs and actual damages for
breach of this provision. Visitor warrants that he or she understands
that accepting this provision is a condition of viewing and that
viewing constitutes acceptance.
OWNERSHIP
OF WEBSITE OR RIGHT TO USE‚ SELL‚ PUBLISH CONTENTS
OF THIS WEBSITE
The website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless it is
done with express contract or permission of the website.
HYPERLINKING
TO SITE‚ CO–BRANDING‚
“FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website‚ no one may hyperlink
this site‚ or portions thereof‚
(including‚ but not limited to‚
logotypes‚ trademarks‚ branding or copyrighted
material) to theirs for any reason. Further‚ you are not
allowed to reference the url (website address) of this website in any
commercial or non–commercial media without express
permission‚ nor are you allowed to 'frame' the site. You
specifically agree to cooperate with the Website to remove or
de–activate any such activities and be liable for all
damages. You hereby agree to liquidated damages of
US$100‚000.00 plus costs and actual damages for violating
this provision.
DISCLAIMER
FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume the all risk of
viewing‚ reading‚ using‚ or relying upon
this information. Unless you have otherwise formed an express contract
to the contrary with the website‚ you have no right to rely
on any information contained herein as accurate. The website makes no
such warranty.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS
WEBSITE OR ITS CONTENTS — VISITOR ASSUMES ALL RISK OF
VIRUSES‚ WORMS‚ OR OTHER CORRUPTING FACTORS
The website assumes no responsibility for damage to computers or
software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently
passed to the visitor's computer. Again‚ visitor views and
interacts with this site‚ or banners or pop–ups or
advertising displayed thereon‚ at his own risk.
LIMITATION
OF LIABILITY
By viewing‚ using‚ or interacting in any manner
with this site‚ including banners‚
advertising‚ or pop–ups‚
downloads‚ and as a condition of the website to allow his
lawful viewing‚ Visitor forever waives all right to claims of
damage of any and all description based on any causal factor resulting
in any possible harm‚ no matter how heinous or
extensive‚ whether physical or emotional‚
foreseeable or unforeseeable‚ whether personal or business in
nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage‚ which the
Website is required to pay for‚ the Visitor‚ as a
condition of viewing‚ promises to reimburse the Website for
all.
NOTICE
No additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to notice is
waived as a condition for permission to view or interact with the
website.
JURISDICTION
AND VENUE
If any matter concerning this purchase shall be brought before a court
of law‚ pre– or
post–arbitration‚ Viewer‚
visitor‚ member‚ subscriber or customer 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. 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
Viewer‚ visitor‚ member‚ subscriber or
customer agrees that the applicable law to be applied shall‚
in all cases‚ be that of the state of the Seller.
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