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.
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.
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:
type C productions
PO Box 159
Eustace TX 75124
support@healthmarketweb.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.
LATEST UPDATE
This Privacy Policy was last updated on: March 7, 2009.
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.
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).