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Privacy Policy for LarrySchalk.com
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IMPORTANT INFORMATION - PLEASE READ!
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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 order to 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: Our Help Desk
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: November 29, 2009
COPYRIGHT
This Privacy Policy is used under license. The copyright is owned by Rione X IP Group LLC.
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. LAS VEGAS, CLARK COUNTY, NEVADA, USA. 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).
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted © 2009
Rione X IP Group LLC and is fully licensed for use by this website. If you wish to lawfully use this
Privacy Policy on your website, visit our website at http://www.internetlawcompliance.com.
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