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PRIVACY POLICY
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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 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.
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: Tyler J. Scott, President,
SuccessfulWay.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: July 18, 2005
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. 6800 Westgate
Blvd. Suite, 132-342 Austin, Texas 78745. 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). Return to
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