The Personal Marketing Company, Inc. Terms of Use

 

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.

LEGAL DISCLAIMER AND TERMS OF USE

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

What Do You Want Your Marketing to Do For You?
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