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 t
hat 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:
IntelliNutrients.com
Contact:
Mark Whyte, Director of Operations
661.835.8215
Contact us:
info@IntelliNutrients.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: August 18, 2005
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.
IntelliNutrients.com
Contact:
Mark Whyte, Director of Operations
661.835.8215
Contact us:
info@IntelliNutrients.com
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).
© 2007 IntelliNutrients. All Rights Reserved
