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.
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
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.
WHAT WE DO WITH THE INFORMATION
WE COLLECT
Like other Web publishers, we collect
information to enhance your visit and deliver more
individualized content and advertising. We respect your
privacy and do not share your information with
anyone.
Aggregated Information (information that
does not personally identify you) may be used in many
ways. For example, we may combine information about your
usage patterns with similar information obtained from
other users to help enhance our site and services (e.g.,
to learn which pages are visited most or what features
are most attractive). Aggregated Information may
occasionally be shared with our advertisers and business
partners. Again, this information does not include any
Personally Identifiable Information about you or allow
anyone to identify you individually.
We may use
Personally Identifiable Information collected on
www.TinnitusAtoZ.com to communicate with you
about your registration and customization preferences;
our Terms of Service and privacy policy; services and
products offered by www.TinnitusAtoZ.com or
Higher Ways Publishing Inc. and other topics we think
you might find of interest.
Personally
Identifiable Information collected by
www.TinnitusAtoZ.com may also be used for
other purposes, including but not limited to site
administration, troubleshooting, processing of
e-commerce transactions, administration of sweepstakes
and contests, and other communications with you. Certain
third parties who provide technical support for the
operation of our site (our Web hosting service for
example) may access such information. We will use your
information only as permitted by law. We may also
disclose your information in response to a court order,
at other times when we believe we are reasonably
required to do so by law, in connection with the
collection of amounts you may owe to us, and/or to law
enforcement authorities whenever we deem it appropriate
or necessary. Please note we may not provide you with
notice prior to disclosure in such cases.
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.
QUESTIONS, COMMENTS, OR REPORT
OF INCIDENTS
You may direct questions, comments or
reports to: support AT TinnitusMiracle.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:
June 24, 2007
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.
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