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
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, POP-UPS,
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: PlayerProspect,
Inc. 518 East. Elk Avenue, Elizabethton TN 37643
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: Aug 25, 2004
COPYRIGHT
This
Privacy Policy is used under license. The copyright is owned
by PlayerProspect, Inc.
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. 518
East. Elk Avenue, Elizabethton TN 37643.
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).
