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PRIVACY POLICY
Your
privacy is important to us. This Privacy Policy will help you
understand the terms which we collect, use and safeguard the personal
information you may provide to us.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
By
USING THIS SITE OR SUBMITTING YOUR INFORMATION TO US you consent to the
transfer of YOUR information and to our use of such data as outlined in
this PRIVACY POLICY. If you do not agree with this Policy,
please do not access or use the Site.
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 is excluded from this website because of the
Terms of Use or from denial of service by the website, but nonetheless
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.
A NOTE TO CALIFORNIA RESIDENTS REGARDING THE ONLINE PRIVACY PROTECTION ACT OF 2003
It
is the intent of the Privacy Policy to comply with the Online Privacy
Protection Act of 2003 (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 information is not usually personally
identifiable information. If you purchase a product or service
via this website (and thereby become covered by the Act), then you are
agreeing to the terms of the purchase agreement posted on the website
and this allows the website to collect and archive all of 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 verification information is demanded by the
website to insure that the website is releasing information to the
correct party. Other provisions of the California Act 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.
You are
required to read this Privacy Policy prior to using the website.
It is subject to change at any time without notice. Any such
change, update or modification will be effective immediately upon
posting on this Site. By your continued use of the website you
agree to the terms and conditions set forth in the Privacy Policy, as
modified. 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
You
may choose not to provide this website with any of your personal
information. In such an event, you can still access and use much
of the website; however you will not be able to order product or access
and use those portions of the website that require your personal
information. 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. You credit card information is kept at the highest
level of security we offer 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. Again, we do not share your credit card
information with anyone except the merchant service provider or for the
purpose of communication with you, the customer. If you have
placed on online order with this website and have submitted your credit
card information, you must notify us if your credit card information is
lost or stolen.
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 in this Privacy Policy 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 personally identifiable
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. Understand that any personal information you disclose in
these areas becomes publicly accessible information. We have no
control over the use of your information in these mediums once you post
it and you should therefore exercise caution when deciding to disclose
your Personal Information or otherwise using such services. 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,
for your convenience, 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 such 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. Do
not assume that it remains the same. By using this site 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. Hearing will
take place in the city of Southfield, Michigan or the city and 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 that the sole and proper
jurisdiction to be the state and city declared in the contact
information of the website 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 current address.
Personal
information that you voluntarily give us will be delivered
electronically to computer servers located in the State of Michigan in
the United States of America. Any legal issues you may have with
us related to this Privacy Policy will be enforced in accordance with
the laws of this jurisdiction and in the appropriate courts
therein. Although this website is intended for use by users
located in the United States only, if you have accessed this Site, are
located outside of the United States, and choose to use this Site
anyway, you should be aware that all of your personal data will be
processed by us in the U.S where data protection and privacy
regulations may not offer the same level of protection as in other
parts of the world, such as the European Union.
APPLICABLE LAW
Visitor
agrees that the applicable law to be applied shall, in all cases, be
that of the State of Michigan and the United States.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:

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