PRIVACY POLICY
-- IMPORTANT -- PLEASE READ
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 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".
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 site 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 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; 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, 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.
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.
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 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: Shelley McMurtry, President,
F.I.H.M. Systems.
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: Aug 5, 2005
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. 6800 Westgate Blvd. Suite, 132-342 Austin,
Texas 78745. 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).
Return to Home page.