| American
Pure Whey believes that when you share your personal
information with us, it is our responsibility to live
up to your trust by preserving your privacy. We have
created this Privacy Policy in order to demonstrate
our firm commitment to your privacy and to make clear
what happens to any information we collect. This Policy
discloses our information gathering and dissemination
practices for the website , and for any pages hosted
on our behalf by third parties. However, we cannot
be responsible for the privacy practices or the content
of other parties' sites to which our sites provide
links.
The
core of American Pure Whey's commitment to your
privacy:
We will not share information you have given us
with other parties unless you explicitly give us
permission to do so or except as described below
in "Information Sharing and Disclosure."
We will not send you advertising materials or other
communications (unless we are mandated to do so
by law, as in the case of a product recall) if you
opt-out as described below in "Changing Your
Information."
We will adhere to industry standards in keeping
your identifying information safe from unauthorized
access.
The Information We Collect
We use your IP address (a number that identifies
you on the internet, the way a phone number identifies
you on the phone system) to help diagnose problems
with our server, and to administer our websites.
Your IP address is used to help identify you and
your shopping cart.
Our
sites also use cookies (small data files placed
on your hard drive) to help keep track of your shopping
cart and your personalized settings. These cookies
do not contain credit card information.
Our
email newsletter and registration forms require
customers to give us contact information (like their
name and email address). In some cases, we also
request that customers provide us with certain demographic
information (like their zip code, age and product
serial number). We use such information to send
the customer information about our company, its
products, and related news, advertisements and promotional
materials. We also use the customer's contact information
whenever it is necessary for us to contact the customer.
We hold all information collected through the registration
forms, including medical information, in the strictest
confidence, and we will not share such information
with other parties unless the customer authorizes
us to do so.
Our
sites use an order form for customers to request
information and products. Through this form, we
collect visitors' contact information (like their
email address) and some financial information (like
their credit card number). Contact information from
the order form is used to send orders and information
about our company to our customers. We also use
the customer's contact information to get in touch
with the customer whenever necessary. Financial
information that is collected is used to process
the customer's order and to bill the customer for
products and services.
Information
Sharing and Disclosure
American Pure Whey does not rent, sell, or share
personal information about you with other people
or companies except to provide products or services
you've requested, when we have your permission,
or under the following circumstances:
American
Pure Whey's trusted partners who provide products
or services to you on behalf of or with American Pure Whey under confidentiality agreements
will have access to the information. However, these
trusted partners do not have any independent right
to share this information;
We respond to subpoenas, court orders, or legal
process, or to establish or exercise our legal rights
or defend against legal claims;
We believe it is necessary to share information
in order to investigate, prevent, or take action
regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety
of any person, or violations of American Pure Whey's terms of use;
We transfer information about you if American Pure
Whey is acquired by or merged with another company;
or
We will aggregate information that we collect from
all customers of our web sites. We may share this
aggregated information with third parties. However,
none of the aggregated information will personally
identify you or any other customer.
Security
Our sites have security measures in place to protect
against the loss, misuse and alteration of the information
under our control. In particular, all credit card
and other transactional information is transmitted
using Secure Sockets Layer (SSL) technology-the
industry standard for protected credit card transactions.
The level of security used for protecting information
to and from the healthcare provider(s) is the same
level of security used for protecting information
to and from the customer.
Changing
Your Information
You can opt-out of receiving certain communications
from us and/or change or delete information you
have previously provided to us by contacting us
by mail at American Pure Whey.
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Use
of this website is subject to express terms of use.
By accessing, browsing or using this website, you
agree to be bound by these terms of use.
Carefully
read the following terms of use before proceeding
with accessing, browsing, or using this website.
If you do not agree to these terms of use, you must
exit this website.
This
website ("the Site") is owned and operated
by American Pure Whey. American Pure Whey may revise
these Terms of Use at any time by updating this
posting. You are bound by the current Terms of Use,
thus you should carefully review the Terms of Use
each time you access the Site.
LICENSE
AND WEBSITE ACCESS.
American Pure Whey hereby grants you a limited,
revocable and nonexclusive license to access and
make personal use of the Site (the "License").
Under the License, you may download or make, for
your own personal, non-commercial use, a limited
number of copies of material posted on the Site
provided that you retain and keep intact all copyright,
trademark, service mark and other proprietary notices.
The License does not, however, include the right
to: any resale, distribution or commercial use of
the Site or its contents; any modification of the
Site or its contents; any derivative use of the
Site or its contents; or any use of data mining,
robots, or similar data gathering and extraction
tools. The Site (or any portion thereof) may not
be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without prior express written consent from
American Pure Whey. You may not assign or
sublicense the License granted in these Terms of
Use.
COPYRIGHT,
TRADEMARKS & TRADE DRESS.
All content included on the Site, the compilation
of all content on the Site and all software used
on the Site are the property of American Pure Whey
or its content suppliers, and are protected by U.S.
and international copyright laws. Furthermore, all
other marks so indicated on the Site and other American
Pure Whey graphics, logos, images, page headers
and titles, button icons, scripts and trade and
service names, are trademarks and/or trade dress
of American Pure Whey in the U.S. and other countries.
Except
as provided in the "License and Website Access"
section above, unless you receive American Pure
Whey's prior express written consent, you may not:
(1) copy, reproduce, publish, distribute, create
derivative works of, sell, transfer, display, transmit,
compile or collect in a database, or in any manner
commercially exploit, any copyright-protected element
of the Site, including the content and/or software
on the Site; (2) make any use of American Pure Whey's trademarks and/or trade dress; (3) frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including,
but not limited to, images, text, page layout, and/or
form) of American Pure Whey; or (4) use
any metatags or any other "hidden text"
utilizing American Pure Whey's name or trademarks.
American Pure Whey makes no representations concerning,
and assumes no liability for, the infringing or
non-infringing nature of any trademarks which appear
on the Site but are not owned by American Pure Whey.
PRIVACY.
Please review our Privacy Policy to understand our
practices regarding your privacy in connection with
our online services.
STORE.
American Pure Whey permits customers to
order certain products on-line through the "Webstore"
and "Shopping cart" portion of the Site.
The products displayed on the Site may not be available
for purchase in your particular country or locality,
and the reference to such products on the Site does
not imply or warrant that these products will be
available at any time in your location. If you are
under 18, you should ask your parents or guardian
before you attempt to purchase, or purchase, anything
on-line through the Site. The purchase of any products
through the Site is governed by the relevant purchase
agreement and any applicable license(s).
DISCLAIMER.
American Pure Whey MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS
OF THE INFORMATION ON THE SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN,
OR RELIANCE UPON, THE INFORMATION ON THE SITE.
THE
INFORMATION PROVIDED THROUGH THE SITE IS FOR GENERAL
INFORMATIONAL PURPOSES ONLY. THE SITE DOES NOT OFFER
MEDICAL ADVICE, AND THE INFORMATION ON THE SITE
DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE.
INFORMATION RECEIVED FROM THE SITE SHOULD NOT BE
RELIED UPON FOR MEDICAL DECISIONS, AND YOU SHOULD
SEEK THE ADVICE OF A DOCTOR OR APPROPRIATE PROFESSIONAL
IN MAKING ANY SUCH DECISIONS.
INFORMATION
RECEIVED THROUGH THE SITE OR THROUGH LINKS TO OTHER
WEBSITES, AS WELL AS ANY GIFTS OR PRIZES THAT American Pure Whey MAY PROVIDE AS REWARDS FOR USING
THE SITE, ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY, EXPRESS OR IMPLIED. ALL EXPRESS OR IMPLIED
WARRANTIES, INCLUDING THOSE OF ACCURACY, COMPLETENESS,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR
A PARTICULAR USE OR PURPOSE ARE HEREBY EXCLUDED
TO THE FULLEST EXTENT UNDER APPLICABLE LAW. American Pure Whey IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A
LINKED WEBSITE.
LIMITATION
OF LIABILITY.
IN NO EVENT WILL American Pure Whey BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE SITE OR INFORMATION ON THE SITE, OR THAT
RESULT FROM ANY GIFTS OR PRIZES PROVIDED BY American Pure Whey, EVEN IF American Pure Whey
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING
FROM ANY DECISION MADE OR ACTION TAKEN BY YOU OR
ANYONE ELSE IN RELIANCE ON INFORMATION OR VIEWS
CONVEYED THROUGH THE SITE. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT American Pure Whey IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY VISITOR TO THE SITE OR USER OF INFORMATION
OBTAINED THROUGH THE SITE. YOU AGREE THAT American Pure Whey SHALL NOT BE LIABLE FOR ANY DAMAGES
UNDER ANY THEORY OR INDEMNITY, INCLUDING, WITHOUT
LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT OR PATENT, TRADEMARK OR COPYRIGHT
INFRINGEMENT.
TERMINATION.
American Pure Whey may terminate the License
at any time if you are in breach of these Terms
of Use. The License will terminate immediately without
notice from American Pure Whey if, in American Pure Whey's sole discretion, you fail to
comply with any term or provision of these Terms
of Use. Upon termination, you are not permitted
to access or use the Site.
BREACH.
You also hereby acknowledge that your breach of
these Terms of Use may result in immediate and irreparable
harm to American Pure Whey, for which there
will be no adequate remedy at law, and that American Pure Whey shall be entitled to equitable
relief to compel you to cease and desist all unauthorized
use, evaluation and/or disclosure of information
obtained through the Site. Your breach of these
Terms of Use may also entitle American Pure Whey
to bring an action against you for any and all other
remedies available at law or in equity.
NO
WAIVER; SEVERABILITY.
A waiver of any breach of any provision of these
Terms of Use shall not be deemed to be a waiver
of any repetition of such breach or in any manner
affect any other terms of conditions of these Terms
of Use. Should any provisions of these Terms of
Use be found to be unenforceable, the remainder
shall still be in effect.
APPLICABLE
LAWS.
These Terms of Use, and the rights and obligations of you and American Pure Whey hereunder, shall be governed by, and construed in accordance with, the laws of the State of North Carolina. You further agree that any legal action or proceeding between you and American Pure Whey arising out of or relating to these Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.
QUESTIONS,
COMMENTS, INFRINGEMENT CONCERNS.
If you have any questions, comments or infringement
concerns relating to the Site, please contact
us. |
