-- IMPORTANT -- PLEASE READ
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 order to 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 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:
support@hummingbirdonlinemediamarketing.com
P.O.Box 325
Point Roberts
Washington 98281
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: Oct 1, 2012
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 province and
city declared in the contact information
of the web owner unless otherwise here specified Vancouver, British
Columbia. In the event that litigation is
in a federal court, the proper court shall be the closest federal court
to the Seller's address. Vancouver, British
Columbia.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied shall, in all
cases, be that of the province of the Website
owner(s).
HummingBird Online Media Marketing Home / Terms Of Use
Copyright
©2018 HummmingBird Online Media Marketing.com All Rights Reserved
P.O. Box 325 Point Roberts
Washington 98281