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 from this
website 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.
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, CVS (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 the general 'SUBMISSION' agreement of this 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: privacy@type-at-home.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: September 19, 2006.
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. Cyber
Junky, Inc. 1042 N. El Camino Real B358, Encinitas, Ca, 92024. 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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