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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.
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.
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.
QUESTIONS, COMMENTS, OR REPORT OF
INCIDENTS
You may
direct questions, comments or reports to:
Contact Person:
Dylan Brian
email address: freethingsonline@gmail.com
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
St. George, Utah.
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 St. George,
Utah. In the event of litigation in federal court, it shall
take place in St. George, Utah.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of the owner.
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted © 2010
by Dylan Brian.
If you wish to lawfully use this Terms of Use on your website, contact
freethingsonline@gmail.com for
licensing information or this website.
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