IMPORTANT — PLEASE READ
PERSONS OR PARTIES COVERED
This 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
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 both the provisions of the Children’s Online Privacy Protection Rule (“COPPA”) and as amended.
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
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 (OPPA)
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 to 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, obtain access to your information.
*NOTE: You should know that merchant service providers do not allow us access to your credit card information.
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 includes but is not limited to 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.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so under two conditions:
They give their permission for contact by the website.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website or if you communicate with the site by telephone or regular 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.
Visitor comments may be checked through an automated spam detection service.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners, 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:
Information will be collected.
That ‘cookies’ will usually be placed on their hard drive.
That the website does not have any control over what happens with this information.
That the website takes no responsibility over the accuracy or content of advertisers.
That the 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.
That the 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 someone, you must assume that some data is collected about your IP address and or your email address and that of the person you sent the email to. 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 someone 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 website, collect information about your computer, your email address, and your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and thus, information is in fact 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 “Cookies” 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 us permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give us 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 always assume that it is not. You must always assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, you must always 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 this website or its agents to use it in fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site providing 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.
Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers.
Smush uses a third-party email service (Drip) to send informational emails to the site administrator. The administrator’s email address is sent to Drip and a cookie is set by the service. Only administrator information is collected by Drip.
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.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
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:
American Arbitration Association
335 Madison Avenue, Floor 10
New York, New York, 10017-4605
All hearings will take place in Los Angeles, California USA.
In no case shall the Visitor have the right to go to court or have a jury trial. The 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 shall be Los Angeles, California USA. In the event of litigation in federal court, it shall take place in Los Angeles, California USA.
The Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner, HerpesSecrets.com.
QUESTIONS, COMMENTS OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
75991 West 1st Street
Los Angeles, CA 90012 USA