Privacy Policy: Notice -- Read This
This Privacy Policy, and accompanying Anti-Spam 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".
1. 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.
2. 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.
3. 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.
4. 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 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.
5. 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:
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS.
You may direct questions, comments or reports to:
The Vertical Project USA,
Inc.
9701 Wilshire Blvd, 10th Floor
Beverly Hills, CA
United States of America
Phone: 1-800-991-3584
Email: vip@theverticalproject.com
15. 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.
16. 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.
17. 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.
The Vertical Project USA,
Inc.
9701 Wilshire Blvd, 10th Floor
Beverly Hills, CA
United States of America
Phone: 1-800-991-3584
Email: vip@theverticalproject.com
In the event that
litigation is in a federal court, the proper court shall be the closest
federal court to the Seller's address.
18. 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). |