AMERICAN BEAD CORP PRIVACY NOTICE - V2
AMERICANBEADCORP.COM collects client information to enhance your shopping experience.
AMERICAN BEAD CORPORATION gather navigational information about where visitors go on our Website and information about the technical efficiencies of our web site and services (i.e., time to connect to our web site, time to download pages). This information allows us to see which areas of AMERICANBEADCORP.COM are most visited and helps us better understand our customers experience at AMERICANBEADCORP.COM. This helps us improve the quality of visitors online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. In the process of gathering navigational information, non-personally identifiable information (i.e., domain type, browser version, service provider and IP address) may be collected which will provide information regarding a visitors use of our Web site (such as the time of a visitors last visit to a page on our site).
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION:
We collect information from you that you provide to us at this site when you establish or update an account, enter a contest, participate in a survey, shop online, request a catalog, purchase and send an e-gift certificate, create or send a wish list or gift reminder. Categories of information collected include name, address, e-mail address, recipients e-mail address, telephone number, credit card information and messages or reminders you create. This information is used to enable AMERICANBEADCORP.COM to deliver products that you have ordered, to fulfill requests that you have created, to contact you or the recipient(s) in the event of order or delivery difficulties, for verification, to respond to your inquiries and to deliver services and information about our products or web site to you, including adding you to our print Catalog mailing list. If you participate in a survey, we may use the information you provide in your responses to enhance and personalize our product offerings to you. We use third parties to help us provide services, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, maintaining our database, administering and locating e-mails, and administering drawings or contests.
If you are added to our print Catalog mailing list, your name and mailing address, sometimes categorized by purchasing information, may be made available to companies whose products you may find of interest.
You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site, or the public.
UPDATING PERSONAL INFORMATION:
We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information including billing and shipping information by logging into Your Account.
For your convenience, our Web site may contain links to other sites. VIP Products is not responsible for the privacy practices or the content of such Web sites.
VIP PRODUCTS E-MAIL:
VIP Products E-Mail allows you to receive exclusive information about special offers, media events, new products and much more. If you’re not already registered, simply create an account to receive these special messages. If at any time you would like to stop future delivery of VIP Products E-Mail, please simply login to your account, click MY ACCOUNT, and then click Account Details. There you will find two checkboxes to control your email settings. Asking to be removed from VIP Products E-Mail will not prevent you from receiving e-mail communications relating to any online order you place at AMERICANBEADCORP.COM or other operational e-mail communications.
APPLICABILITY OF PRIVACY STATEMENT:
QUESTIONS/CHANGES IN POLICY:
AMERICANBEADCORP.COM takes the following types of security measures: use of technologies and policies such as limited access data-centers, firewall technology, secure socket layer certificate authentication and limitations of administrative access to our systems. In addition, it is our policy not to send your credit card number via e-mail. In fact, this is a practice we recommend you adopt in all of your Internet activities.
We designed AMERICANBEADCORP.COM to accept orders only from Web browsers that permit communication through Transport Layer Security (TLS) technology; for example, 39 versions or higher of Mozilla Firefox, versions 42 or higher of Google Chrome and versions 11 or higher of Internet Explorer. This means you should not be able to inadvertently place an order through an unsecured connection. While we implement the above security measures on this site, you should be aware that 100% security is not always possible.
This privacy statement effective May 12, 2004.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY VIP PRODUCTS PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:
(I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON;
(II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE;
(III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR
(IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF VIP PRODUCTS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY VIP PRODUCTS PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH VIP PRODUCTS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL VIP PRODUCTS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID VIP PRODUCTS IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.
APPLICABLE LAW; JURISDICTION
The Platform are created and controlled by us in the State of Arizona. As such, the laws of the Arizona will govern this Agreement, without giving effect to any provisions of Arizona law that direct the choice of another state’s laws. Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Arizona and of the United States of America located in the State of Arizona for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Arizona Courts and agree not to plead or claim in any Arizona Court that such litigation brought therein has been brought in an inconvenient forum.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator, as modified by this Agreement. Such arbitration shall occur in Phoenix Arizona, and be initiated by any party. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of Arizona or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding.
BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY.
You agree to indemnify and hold VIP Products, the VIP Products Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys'; fees, made by any third party due to or arising out of
(1) your breach of this Agreement and/or any of your representations and warranties set forth herein.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
This Agreement is deemed accepted upon any use of any of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.