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.
EMAIL
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:
PersonalStrategicPlan.com
c/o The GoalsGuy
36181 East Lake Road
Suite 139
Palm Harbor, FL 34685
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: April 17, 2008
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. 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).
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