Effective as of: October 19, 2009
AGE REQUIREMENT; CHILDREN'S PRIVACY.
You must be at least 13 years of age to access the Site and Services. Children under the age of 13 may not register for use of the Site or any Services. This Site and Services are not intended or designed for use by or to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. By registering for use of the Site or any Services you represent and warrant that (i) you have read, understood, and agree to be bound by this Agreement and (ii) you are at least 13 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Site and any Services, including his or her compliance with the Terms and Conditions and all financial charges and legal liability that he or she may incur. You will not receive any additional communication from us prior to or regarding any such obligations. If you do not agree to (or cannot comply with) any of these terms and conditions, do not proceed and do not attempt to access the Site.
We collect and track Information about you on an aggregate and individual basis and will know and keep track of precisely who you are, including the following Information:
User Provided Information. You may choose to provide certain personally identifiable information (such as your name, telephone number and address) to us for shipping purposes when you purchase our products via the Site. You may also elect to register with us and provide us with personal contact information, such as an email address and/or telephone number so that we may contact you with marketing materials relevant to our products. Registration with us is completely voluntary and you may elect at any time to update or remove your personal contact information from our records.
Log File Information: When you access this Site we record information that your web browser automatically sends whenever you visit any website. These "logs files" may include information such as your web request, Internet Protocol address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Clear Gifs (Web Beacons/Web Bugs). We may employ a technology called clear gifs (a.k.a. Web Beacons/Web Bugs), to help us better manage content on our site by informing us what content is effective. Clear gifs are similar in function to cookies, and are used to track the online movements of users. Clear gifs may be tied to a users personally identifiable information. In addition, we may use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. If users would like to opt-out of these emails, please see the opt-out section.
USE OF INFORMATION AND COMMUNICATIONS.
We use personally identifiable information and non-personally-identifiable information that we may collect about you to analyze what you like and don't like about the Site or Services so that we can design better products and services, in addition to a variety of other business related purposes. EXCEPT IN THE SPECIFIC INSTANCES REFERENCED BELOW, WE MAY WILL NOT SELL OR DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES WITHOUT YOUR CONSENT. We may also disclose Information about you when required to do so by law and when we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation or current judicial proceeding. In conducting our business we may provide certain third parties with Information in order to provide services to you. BY PROVIDING INFORMATION TO US, YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH INFORMATION MAY BE DISCLOSED BY US FOR SUCH PURPOSES AND SUCH DISCLOSURE AND USE IS THEREBY AUTHORIZED BY YOU.
We also use Information collected about you to, among other things: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) monitor the effectiveness of our marketing campaigns, and; (c) monitor aggregate metrics such as total number of visitors, pages viewed, etc.
As described above, if you elect to register with the Site, we may use your email address or other personally identifiable information to send commercial or marketing messages to you. We may also use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes).
Any communication that is transmitted through this Site or any Service or stored by us is our property, subject to and protected by the Electronic Communications Privacy Act. ANY COMMUNICATIONS POSTED, STORED OR OTHERWISE TRANSMITTED TO NON-PUBLIC PORTIONS OF THE SITE OR ANY SERVICE WILL NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT YOUR EXPRESS WRITTEN CONSENT, UNLESS REQUIRED BY LAW. In addition, under certain circumstances we may be required to or may choose to provide information about you to third parties without your consent, including, to respond to a subpoena or court order, judicial process or regulatory authorities, to consumer reporting agencies, and to protect against fraud.
We may provide or allow links to other websites. We do not control any of these linked websites or any other websites, we are not responsible for them, and we make no representations as to their information collection or use practices. We encourage you to review and understand the privacy policies on these websites before providing any information to them. The fact that we provide any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its privacy and or security policies, its owners, or its providers. You agree that under no circumstances will you hold us liable for any loss or damage caused by use of or reliance on the information collection practices of any other website. You should contact the parties that place and own the link directly if you have any questions about their collection and use of information.
We shall have no liability for disclosure or access to your Information due to errors in transmission, unauthorized access, or other acts of third parties, as further described in Terms and Conditions. No representation or warranty is made regarding the security of any submission of information by you to or through this Site or any Service. We require that your browser support SSL, and does not allow information to be stored on your hard drive unless you specifically download it and save it on your computer. For security reasons, access to this site is limited to SSL-capable browsers like Netscape Navigator or Microsoft's Internet Explorer. These browsers will activate SSL automatically whenever you sign on to the Site or Service. Under no circumstances should you use any software, program, application, or any other device to access the Site, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from our computer systems, Site, or proprietary software.