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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.
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.
EXCLUSIVE LEAD
The exclusive
period for a lead is no less than 3 days. The lead may be resold after 3
days this is at the sole discretion of Leadpower and or its affiliates.
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: LeadPower Co., 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: 15 February 2010
COPYRIGHT
This Privacy Policy is used under license. The copyright is owned by LeadPower Co., 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).
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