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PRIVACY POLICY
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.
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.
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: support AT darkcirlcesundereyescure.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
18, 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.
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.
Sitka, Alaska. In the event that litigation is in a federal court, the
proper court shall be the closest federal court to the Sitka, Alaska.
APPLICABLE LAW
Visitor agrees that the applicable law to be
applied shall, in all cases, be that of the state of Alaska.
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