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 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: abby@kamadia.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:
05/01/2005
COPYRIGHT
All content within this website is Copyright
Protected.
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: HOUSTON,
TEXAS. 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).
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