PRIVACY POLICY
-- IMPORTANT -- PLEASE READ
This Privacy Policy describes the terms of our commitment to your privacy.
We may modify this privacy policy at any time without notice to you. Please
read this privacy policy each and every time you visit our site.
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, or uses or attempts to use or order any product,
tool or service that this site provides to the public, 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 and conditions of this Privacy Policy is a condition
precedent to your using, visiting, or viewing any portion of this site
If you do not accept each and every term and condition of this Privacy
Policy, and our Terms of Use, then you must leave this site at once.
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 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.
We may release your personal identifying data to any law enforcement
agency who requests it pursuant to their official duties or investigations.
We may release your personal identifying data to our attorney should you
involved with any legal dispute between yourself and the owners or operators
of this site, or should your personal identifying data be the subject
of a subpoena duces tecum filed pursuant to a lawsuit by any third party
or entity.
We may use your data at some time in the future to benefit and enhance
our relationship with partners, affiliates and for general commercial
activities in order to financially sustain the operation of this website
and to continue to offer site related tools and services to you.
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.
We will at all times do our best to follow all Federal laws regarding
“Spam” as well as the laws of the State of New Jersey that exist regulating
“Spam.”
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: admin@leverageteamllc.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.
COPYRIGHT
This Privacy Policy is protected by the Copyright Laws of the United States
and various international treaties and agreements. You may not use any
portion of this Agreement without the written permission of the Copyright
Owner(s.)
Jurisdiction/Arbitration This Agreement will be governed by and construed
in accordance with the internal laws of the State of New Jersey, excluding
that body of laws known as choice of law or conflict of laws. Subject
to the provisions of this Section, all disputes, controversies or claims
arising out of or relating to this Agreement will be resolved through
mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE
or its successor ("JAMS") pursuant to the United States Arbitration
Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this
Agreement. The arbitration will be conducted in accordance with the provisions
of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at
the time of filing of the demand for arbitration (the "JAMS Rules"),
subject to the provisions of this Section. The terms set forth in this
Agreement will control in the event of any inconsistency between such
terms and the JAMS Rules. The parties will cooperate with JAMS and with
each other in promptly selecting a single arbitrator from JAMS's panel
of neutrals. If the parties fail to so select an arbitrator within thirty
(30) days following the date of either party's notice of demand to conduct
arbitration, then JAMS will appoint an arbitrator in accordance with the
JAMS Rules. The award of the arbitrator will be in writing and will set
forth findings of fact and conclusions of law. Judgment on the arbitrator's
award will be final and binding upon the parties and may be entered in
any court having jurisdiction thereof. If for any reason JAMS or its successor
no longer is in business, then the arbitration shall be conducted in accordance
with the commercial arbitration rules of the American Arbitration Association.
The arbitrator's fees will be shared equally by the parties and each party
will bear its own costs and attorneys' fees. All papers, documents, or
evidence, whether written or oral, filed with or presented in connection
with the arbitration proceeding will be deemed by the parties and by the
arbitrator to be confidential information of both parties. The arbitrator
chosen in accordance with these provisions will not have the power to
alter, amend or otherwise affect the terms of these arbitration provisions
or the provisions of this Agreement. Notwithstanding the foregoing, nothing
in this Section shall prevent either party from applying for and obtaining
from a court a temporary restraining order and/or other injunctive relief.
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