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~ Thomas Holley
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-- 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.
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.
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 t
hat 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:
Gungho Technologies, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
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: January 20, 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.
Gungho Technologies, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
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).
If you need anything feel free to contact us at our support desk here:
Gungho Technologies, LLC
3225 McLeod Dr. Ste 100
Las Vegas, NV 89121
USA
702-871-8538