– IMPORTANT — PLEASE READ
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
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
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 –OPPA)
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.
VISITOR EMAIL INQUIRIES
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 the Website 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.
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 because, 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.
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 here: Support.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.
JURISDICTION AND VENUE
As a condition for viewing the Website, Visitor hereby consent to the personal jurisdiction of the competent courts of the City and County of Denver, State of Colorado , and the Federal Courts located in the State of Colorado for any legal or equitable proceeding arising out of or in connection with the Website. Visitor also agrees that the Website, and relationship between the parties, shall be governed by, construed and enforced in accordance with the internal laws of the state of Colorado, without giving effect to principles and provisions thereof relating to conflict or choice of laws and irrespective of the fact that any one of the parties is now or may become a resident of a different state. If any legal or equitable action arises relating to the Website, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys’ fees.
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