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
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
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
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.
A
NOTE TO
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.
ABOUT
THE PERSONAL INFORMATION THIS WEBSITE COLLECTS
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
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
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
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
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.
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: report@shunshine-ridge.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:
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,
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
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; Chico, California, Butte
County. 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