|
READING
AND
ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF
THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE
WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL
PERSONS
ARE
DENIED ACCESS TO THIS AND OTHER PINPOINT WEBSITES UNLESS
THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING,
VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER,
POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE
PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
ALL
PERSONS
UNDER
THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18
YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH
THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY
DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE
PRIVACY ACT (COPA) OF 1998.
THIS
WEBSITE
RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY
REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA
AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE
TERMS OF
USE
AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE
DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE,
TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES
TO
THE
TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or
customers, collectively referred to herein as "Visitors," are parties
to this agreement. The website and its owners and/or operators are
parties to this agreement, herein referred to as "Website."
USE
OF
INFORMATION
FROM THIS WEBSITE
Unless you have entered into an
express
written
contract with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right to use
this information in a commercial or public setting; they have no right
to broadcast it, copy it, save it, print it, sell it, or publish any
portions of the content of this website. By viewing the contents of
this website you agree this condition of viewing and you acknowledge
that any unauthorized use is unlawful and may subject you to civil or
criminal penalties. Again, Visitor has no rights whatsoever to use the
content of, or portions thereof, including its databases, invisible
pages, linked pages, underlying code, or other intellectual property
the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000.00
in addition to costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting this
provision is a condition of viewing and that viewing constitutes
acceptance.
OWNERSHIP
OF
WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless it is
done with express contract or permission of the website.
HYPERLINKING
TO
SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site,
or portions thereof, (including, but not limited to, logotypes,
trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website address) of
this website in any commercial or non-commercial media without express
permission, nor are you allowed to 'frame' the site. You specifically
agree to cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. You hereby agree to
liquidated damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER
FOR
CONTENTS OF SITE
The website disclaims any
responsibility for
the
accuracy of the content of this website. Visitors assume the all risk
of viewing, reading, using, or relying upon this information. Unless
you have otherwise formed an express contract to the contrary with the
website, you have no right to rely on any information contained herein
as accurate. The website makes no such warranty.
DISCLAIMER
FOR HARM
CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE
OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER
CORRUPTING FACTORS.
The website assumes no
responsibility for
damage
to computers or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data that is
inadvertently passed to the visitor's computer. Again, visitor views
and interacts with this site, or banners or pop-u
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@promarklabel.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
26, 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 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. Promark Label Inc.. 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
ps or advertising
displayed thereon, at his own risk.
DISCLAIMER
FOR HARM
CAUSED BY DOWNLOADS
Visitor downloads information
from this site
at
this own risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to, viruses and
worms.
LIMITATION
OF
LIABILITY
By viewing, using, or
interacting in any
manner
with this site, including banners, advertising, or pop-ups, downloads,
and as a condition of the website to allow his lawful viewing, Visitor
forever waives all right to claims of damage of any and all description
based on any causal factor resulting in any possible harm, no matter
how heinous or extensive, whether physical or emotional, foreseeable or
unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event
he causes
damage,
which the Website is required to pay for, the Visitor, as a condition
of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of
viewing,
that any
communication between Visitor and Website is deemed a submission. All
submissions, including portions thereof, graphics contained thereon, or
any of the content of the submission, shall become the exclusive
property of the Website and may be used, without further permission,
for commercial use without additional consideration of any kind.
Visitor agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any manner as it
sees fit. "Submissions" is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind
for any
reason is
due Visitor and Visitor expressly warrants an understanding that the
right to notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the consideration
that the
Website
requires for viewing, using or interacting with this website, 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
viewer,
visitor, member, subscriber or customer have the right to go to court
or have a jury trial. Viewer, visitor, member, subscriber or customer
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 be 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, Viewer,
visitor, member, subscriber or customer 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. In the
event that litigation is in a federal court, the proper court shall be
the closest federal court to the address listed below.
APPLICABLE
LAW
Viewer, visitor, member,
subscriber or
customer
agrees that the applicable law to be applied shall, in all cases, be
that of the state of the Seller.
CONTACT
INFORMATION
info@promarklabel.com
|
