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.
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
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:
eSpider Squad™
www.espidersquad.com
1905 Marketview Drive, Ste. 251
Yorkville, IL 60560
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.
This Privacy Policy was last updated on: 03/14/05
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, Buyer 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. This Agreement shall be governed by the laws of the State
of Illinois and any action or proceeding in connection with this Agreement
shall be brought in any court of record of the State of Illinois, County of Cook, or in the United States District Court for the Northern District of
Illinois, Eastern Division.
APPLICABLE
LAW
Visitor
agrees that the applicable law to be applied shall, in all cases, be that of
the state of Illinois.
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted 2007 by eSpider Squad™ |
