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PERSONS
OR
PARTIES
COVERED
This
Privacy Policy is intended to cover all visitors to this website, or
other Promark Label inc. websites, all subscribers to lists or
newsletters
whether paid or unpaid, all members or affiliates whether paid or
unpaid, and all customers of Promark Label Inc. and it's various
products.
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 website 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 website and you are fraudulently using this website.
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.
- 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: info@johnpelkey.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: April 2 2010.
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. Mark Kunick Colton California 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
info@promarklabel.com
Phone 909-424-0980
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