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PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to this website,
or other sites, owned by Kristi Sayles. all subscribers to lists or newsletters
whether paid or unpaid, all members or affiliates whether paid or
unpaid, and all customers of Smart Author goods and services and it's
various products and services.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.
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 website 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 website and you are fraudulently using this website.
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, 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.
- 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: kristi@kristisayles.com
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: September 28, 2009.
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 Website owner(s).
Kristi Sayles
Camden, Tennessee 38320
kristi@kristisayes.com
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