Privacy
Policy
IMPORTANT -- PLEASE READ
C)
Web Published Media LLC & IP Management LLC
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 C)
Web Published Media LLC & IP Management LLC 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 C)
Web Published Media LLC & IP Management LLC 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 C)
Web Published Media LLC & IP Management LLC 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. 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. C)
Web Published Media LLC & IP Management LLC 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 Louisiana. 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. C)
Web Published Media LLC & IP Management LLC 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 C)
Web Published Media LLC & IP Management LLC 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 Louisiana. In the event of litigation in
federal court, it shall take place in Louisiana.