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Privacy Policy
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
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.
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, and CVV2 (back of card)
number. 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.
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: 6/25/2009
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 International Centre for Dispute Resolution (ICDR).
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. 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).
CONTACT INFORMATION
If there are any questions regarding these policies you may contact Millard Grubb
using the information below.
Backyard Gazette Publishing 1061 S. 13th Ave. Ozark, MO 65721
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