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This Privacy Policy describes the terms of our commitment to your privacy. WebDesigners123 has the following Privacy Policy with respect to information gathered on Web pages hosted by WebDesigners123. Such information is received by WebDesigners123. The terms "we" and "us" refer collectively to WebDesigners123, its agents, owners, operators, and employees.
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 clients and 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 this website are called "Members" herein and are covered by this Privacy Policy. Finally, anyone who orders, attempts to order, or receives a product or service 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 Terms and conditions for Use of this website.
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.
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.
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.
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.
PERSONAL INFORMATION THIS WEBSITE COLLECTS -
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways.
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. This information is kept at the highest level of security and is never divulged to anyone except a merchant service provider or for the purpose of communication with the client or customer.
For Clients, this information may also include the Client's name and contact information, the Client's Web site information (name, URL, visitors per day, page views per month, description, and categorization), payment information, and user comments.
HOW THE PERSONAL INFORMATION THIS WEBSITE COLLECTS IS USED -
We use the information you provide about yourself or others to complete the transaction for which the information is intended. Such transactions may include: administering a service, such as search, community, advertising sales, ecommerce; completing an order; replying to support requests; or contacting you if you have granted us permission to do so. Except as provided in this Privacy Policy and the End-User Agreement, we do not share this information with outside parties without your permission except to the extent that is necessary to administer the services we offer our Clients and End-Users or to comply in responding to subpoenas, court orders or other legal proceedings.
From time to time, we also use the information you provide about yourself or others to inform you of additions or improvements to the WebDesigners123 services.
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, Service Agreement, or this Privacy Policy.
CUSTOMER EMAIL OR TESTIMONIALS -
If you are a client or 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 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.
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. WebDesigners123 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 WebDesigners123 does not have any control over what happens with this information, (4) that WebDesigners123 takes no responsibility over the accuracy or content of advertisers, (5) that WebDesigners123 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 WebDesigners123 assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
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.
Finally, we never use or share the personally identifiable information provided to us online in ways or for reasons unrelated to the ones described above without also providing an opportunity to opt-out or otherwise prohibit such unrelated uses.
OUR COMMITMENT TO DATA SECURITY -
This website takes every reasonable measures to prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information. We have put in place appropriate physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online. Personnel who have access to our database are trained to maintain and secure all information.
However, as a consideration for using 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 WebDesigners123 is not responsible for damages to you.
HOW YOU CAN ACCESS OR UPDATE YOUR INFORMATION -
Clients can access their personally identifiable information that WebDesigners123 collects online and maintains by logging in to their password-protected account and selecting "Manage Account."
To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections to your information.
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: June 28, 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. 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 owner, WebDesigners123
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