PRIVACY POLICY
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 from this website 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.
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; or 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 often does not provide complete credit card numbers.
In the process of online ordering, the customer provides,
name, address, city, state, email address, phone number,
CVS (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 the
general 'SUBMISSION' agreement of this 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 full 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, and 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.
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 of this Privacy
Policy or any modifications.
COPYRIGHT
This Privacy Policy is used under license. The copyright is
owned by Troys Hospitality Staff.
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.
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 Privacy Policy 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 – NSW, Australia.
In the event that litigation is in a court, the proper court
shall be the closest 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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