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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 Quality Resort Sails.
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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