Privacy Policy
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
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.
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, and CVV2 (back of card) number.
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.
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: 6/22/2009
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 International Centre for Dispute Resolution
(ICDR).
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. 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).
CONTACT INFORMATION
If there are any questions regarding these policies you may contact us using
the information below.
http://www.TheGoaliesMind.com
New Web Concepts
1271-A Washington St
Suite 248
Weymouth, MA 02189
John Haley |
