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PRIVACY
STATEMENT
The Personal Marketing Company,
Inc. ("TPMCO") strives to protect your privacy. This TPMCO
Statement of Privacy applies to the Web site at www.tpmco.com.
It does not apply to products or services provided other than
through the Web site. Please read this TPMCO Statement of
Privacy. The Web site www.tpmco.com is a commercial audience
Web site, intended for adult, commercial users. If you are
under the age of 18 DO NOT USE this Web Site. Personal
information of all users is collected, used and disclosed as
described in this Statement of Privacy.
Collection of your Personal
Information.
TPMCO collects personal information,
such as your e-mail address, name, home or work address or
telephone number. TPMCO also collects demographic information,
such as your ZIP code, age, gender, preferences, interests and
favorites. Information collected by TPMCO may be combined with
information obtained from other TPMCO services and other
companies. TPMCO may in the future also collect certain
information about your computer hardware and software. This
information may include: your IP address, browser type, domain
names, access times and referring Web site addresses. All
registration information you provide will be stored by TPMCO.
If you follow a link to a third party's Web site, you should
review the privacy statements of those Web sites so that you
can understand how those Web sites collect, use and share your
information. TPMCO is not responsible for the privacy
statements or other content on Web sites outside of the
www.tpmco.com Web site.
Use of your Personal
Information.
TPMCO and its operational service
partners collect and use your personal information to deliver
the goods and services you have requested. TPMCO may also use
your personal information to inform you of other products or
services available from TPMCO and its affiliates. TPMCO does not sell, rent or lease its
customer lists to third parties. We may hire other
companies to provide limited services on our behalf, such as
handling the processing and delivery of mailings, providing
customer support, processing transactions, or performing on
analysis of our services. We will only provide those companies
the personal information they need to deliver the service.
TPMCO may access and/or disclose your personal information if
required to do so by law or in the good faith belief that such
action is necessary to: (a) conform to the edicts of the law
or comply with legal process served on TPMCO or the site; (b)
protect and defend the rights or property of TPMCO, including
its TPMCO family of Web sites; or (c) act under exigent
circumstances to protect the personal safety of users of
TPMCO, its Web sites, or the public.
Control your Personal
Information.
TPMCO offers its customers choices for
the collection, use and sharing of personal information. You
may contact us at 1-800-458-8245 if you wish to view, edit or
delete your personal information from our database, and we
will use commercially reasonable efforts to accommodate your
request.
Security of Your Personal
Information.
TPMCO has taken steps to help protect
the security of your personal information. We use a variety of
security technologies and procedures to help protect your
personal information from unauthorized access, use, or
disclosure. For example, we store the personal information you
provide on computer systems with limited access, that are
located in controlled facilities. When we transmit highly
confidential information (such as a credit card number) over
the Internet, we protect it through the use of encryption,
such as the Secure Socket Layer (SSL) protocol.
Collection and Use of Children's
Personal Information.
The TPMCO Web site is not
intended for children nor is any portion of the Web site
directed towards children.
Use of Cookies.
TPMCO
may use "cookies" to help us provide better service to you, or
personalize your online experience. A cookie is a text file
that is placed on your hard disk by a Web page server. Cookies
cannot be used to run programs or deliver viruses to your
computer. Cookies are uniquely assigned to you, and can only
be read by a Web server in the domain that issued the cookie
to you. Cookies can assist us in the process of recording your
personal information, such as billing addresses, shipping
addresses, and so on. When you return to the TPMCO Web site,
the information you previously provided can be retrieved. You
have the ability to accept or decline cookies. Most Web
browsers automatically accept cookies, but you can usually
modify your browser setting to decline cookies if you
prefer.
Use of Web
Beacons.
TPMCO Web pages do not at the time of
posting this Policy, but in the future may contain electronic
images known as Web beacons (sometimes called clear gifs or
Web bugs) or other advanced technologies that are useful in
the provision of services to you.
Use of Third Party Ad
Networks.
TPMCO may allow other companies, called
third-party ad servers or ad networks, to display
advertisements on TPMCO Web pages. Some of these ad networks
may place a persistent cookie on your computer. Doing this
allows the ad network to recognize your computer each time
they send you an online advertisement. In this way, ad
networks may compile information about where you, or others
who are using your computer, saw their advertisements and
determine which ads are clicked on. This information allows an
ad network to deliver targeted advertisements that they
believe will be of most interest to you. TPMCO does not have
access to or control of the cookies that may be placed by the
third-party ad servers or ad networks.
Thawte Secure
Site.
TPMCO is a member of the Thawte Trusted Site
program. Thawte's mission is to create a trusted environment
on the Internet by, among other things, its secure site
offering. Because TPMCO wants to demonstrate its commitment to
your security, it has agreed to participate in this
program.
Changes to this
Statement.
TPMCO will occasionally update this
Statement of Privacy to reflect changes in our practices. When
TPMCO posts changes to this Statement, you will see the word
"updated" next to the Privacy Statement link on the front page
of TPMCO for a period of two (2) days after the change. TPMCO
encourages you to periodically review this Statement to be
informed of how TPMCO is protecting your information.
Contact
Information.
TPMCO welcomes your comments regarding
this Statement of Privacy. If you believe that TPMCO has not
adhered to this Statement, please contact TPMCO by telephone,
e-mail, or postal mail, at sales@tpmco.com or
1-800-458-8245. Click here to
send e-mail.
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LEGAL DISCLAIMER AND
TERMS OF USE |
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WEB SITE OWNERSHIP AND CONSENT TO
MONITORING
The Personal Marketing Company, Inc.
("TPMCO") operates the Web site located at www.tpmco.com.
Information, text, graphics, software, and other content that
make up this Web site ("Content") reside on a computer
operated by TPMCO or its representatives. Anyone accessing
this Web site consents to these Terms of Use and to the
monitoring of their access and use by TPMCO or its system or
security personnel. TPMCO strives to protect your privacy.
Please see our Privacy
Statement.
COPYRIGHT AND
TRADEMARK
TPMCO or its licensor owns the copyright
in all of the Content comprising this Web site. By accessing
and using this Web site, you agree to abide by U.S. and
international copyright law and all other applicable laws. You
may access this Web site and retrieve content that contains
TPMCO copyright notice, store such content on your own
computer, and print one copy of such Content for
noncommercial, personal, or educational purposes only,
provided that you (1) do not modify, distribute, or transmit
such content, and (2) include any copyright notice originally
appearing with such content.
PROHIBITION ON AUTOMATIC
DEVICES
You may not without the prior written
permission of TPMCO use any computer code, data mining
software, "robot," "bot," "spider," "scraper" or other
automatic device, or program, algorithm or methodology having
similar processes or functionality, or any manual process, to
monitor or copy any of the Web pages, data or content found on
this site or accessed through this site.
DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TPMCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- TPMCO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY
ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TPMCO OR THROUGH OR FROM THE WEB SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS
OF USE.
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
TPMCO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TPMCO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB
SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN
NO EVENT SHALL TPMCO BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS
OF THE AMOUNT YOU HAVE PAID TO TPMCO IN THE SIX MONTHS
PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT
APPLY TO YOU.
LINKS
Certain links on
this Web site may lead to Web sites or resources located on
servers that are not maintained by TPMCO or under its control.
TPMCO is not responsible for the content of any such
referenced Web sites or for the availability of access to such
Web sites.
GENERAL INFORMATION
A
$39.50 set-up fee may apply to New User Registration. You
authorize The Personal Marketing Company to produce your order
and charge it to your account. Prices are subject to change
without notice. There will be a $15 charge for all returned
checks and credit cards. You understand to cancel or change
your order, you must notify TPMCO in writing one month prior
to the next scheduled shipment. These Terms of Use constitute
the entire agreement between you and TPMCO and govern your use
of the Web site, superceding any prior agreements between you
and TPMCO. These Terms of Use and the relationship between you
and TPMCO shall be governed by the laws of the State of Kansas
without regard to its conflict of law provisions. You and
TPMCO agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of
Johnson, state of Kansas. The failure of TPMCO to exercise or
enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Web site or the Terms of Use must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of
Use are for convenience only and have no legal or contractual
effect.
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