PRIVACY POLICY

IMPORTANT -- MUST READ
USE OF ALAN RUSSELL COMPANY WEB SITES OR WEB SITES ASSOCIATED WITH ALAN RUSSELL COMPANY IS CONSIDERED YOUR CONSENT OF AGREEMENT WITH THIS POLICY


 

PERSONS 17 YEARS OF AGE OR UNDER ARE EXCLUDED FROM THIS WEBSITE

Persons and visitors under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA) are forbidden by law to access THIS WEB SITE, ANY ALAN RUSSELL COMPANY WEB SITES, ANY WEB SITES COPYRIGHTED OR CONSTRUCTED BY ALAN RUSSELL COMPANY, ANY WEB SITES ENDORSED BY ALAN RUSSELL COMPANY, AND ANY WEB SITES ALAN RUSSELL COMPANY IS ASSOCIATED WITH OR HAS AN AGREEMENT WITH.  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 judgments.


ALL WEB SITES COPYRIGHTED, CONSTRUCTED, ENDORSED, AND ASSOCIATED WITH ALAN RUSSELL COMPANY SHALL BE REFERRED TO IN THIS POLICY FROM THIS POINT FORWARD AS "WEB SITE".

THOSE COVERED BY THIS PRIVACY POLICY

This Privacy Policy covers any and all identities, persons, web site surfers, guest, users, viewers, visitors, subscriber to lists or newsletters whether paid or unpaid, member or affiliate whether paid or unpaid, and customers this website  and/or web sites associated with Alan Russell Company.  Any and all identities, persons, web site surfers, guest, users, viewers, visitors, subscriber to lists or newsletters whether paid or unpaid, member or affiliate whether paid or unpaid, and customer who interact with, read, use, communicate with, visit or view whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "visitor" and/or "customer" and are parties to this Privacy Policy. Any visitor who orders, attempts to order, or receives a product sold or advertised on or delivered from the web site  and/or its' associates, even at no cost, is called a "customer" herein and is subject to this Privacy Policy not only by passive acceptance but by virtue of the Disclaimer-Warranty Agreement.  The web site and/or its' associates can be referred to collectively herein as "web site" and/or "seller".  In the event that a visitor and/or customer is excluded from this web site because of the User And Terms of Use Agreement, Privacy Policy or from denial of service by the web site, who nonetheless unlawfully views this site, that visitor and/or customer remains subject to the terms of this Privacy Policy and is in violation of all the terms for the use of the web site.

  

ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY
Interacting with, reading, viewing, use and/or communication with the web site  signifies visitor and/or customer acceptance of the terms of this Privacy Policy.
 

Acceptance of the terms of this Privacy Policy is required to communicate with, read, use, visit, view or interact with the web site and is implied when visitor and/or customer communicates with, reads, uses, visits, views or interacts with the web site.  Non-acceptance of the terms of this Privacy Policy forfeits visitor's and/or customer's right to communicate with, read, use, visit, view or interact with the web site and indicates fraudulent use of the web site if visitor and/or customer does not accept this Privacy Policy and still communicates with, reads, uses, visits, views or interacts with the web site.
  

REGISTRATION

Registration means that the visitor and/or customer takes active, positive steps to communicate information to the web site and/or its' associates.  This can include pages or 'pop ups' where visitors register for a newsletter or subscribe to a mailing list; it can include visitor or customer participation in visitor surveys; it can include requesting information from the web site and/or its' associates via email, mail, or telephone; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product.

  

ONLINE ORDERING PROCESS

The online ordering process from the web site shall require the visitor and/or customer to provide name, address, city, state, email address, phone number, and possibly a member password.  Visitor must assume that all this information is available to the web site. This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes from the web site and/or its' associates.
 

INFORMATION OBTAINED FROM VISITORS AND/OR CUSTOMERS AND HOW IT MAY BE USED

Th website routinely collects information about its visitors and/or customers.  This information can be obtained in various ways. Any visitor and/or customer must assume that information will be collected, that ‘cookies’ could be placed on their hard drive, that the web site and/or its' associates does not have any control over what happens with this information, that the web site and/or its' associates takes no responsibility over the accuracy or content of advertisers, that the web site and/or its' associates is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes visitors' or customers' computer or software harm, and that the web site and/or its' associates assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
 

Visitor and/or customer must assume that information provided to the web site by visitor's and/or customer's voluntary participation in site surveys may be used for general solicitation for commercial purposes and that such information will be the property of the web site and/or its' associates or used by the web site for product design or solicitation purposes.


If visitor and/or customer sends the url or web pages of the web site to a friend, visitor and/or customer must assume that some data is collected about visitor and/or customer IP address or visitor and/or customer email address and that of visitor and/or customer friend.  Visitor and/or customer must assume that referred emails or web pages may appear to come from visitor and/or customer email.  Visitor and/or customer must accept full responsibility for referring pages or email to a friend and agree to indemnify the web site for any damage, intentional or unintentional that results from said referrals.


Many web sites, including the web site, collect information about the visitors' and/or customers' computer, email address, and IP address. Visitor and/or customer must assume that visitors' and/or customers' web viewing or web use activity is monitored, tracked, and that their information is collected.  This information is not usually of a personal nature, but it may help define the visitors' and/or customers' viewing habits and product preferences even though the web site may or may not have any idea who the visitor and/or customer is.


Any visitor and/or customer clicking on banners or pop-ups or hyperlinked advertising that appears on the web site must assume information is being collected about them. The web site is not responsible for the use of information collected in such a fashion.
 

"Cookies" is an internet term for computer code placed on visitors' and/or customers' hard drive.  Web sites use this to keep visitor and/or customer '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 visitors' and/or customers' computer configuration or computer use.  Cookies can be used to electronically gather information about visitor and/or customer. Any visitor and/or customer use of the web site implies expressed consent by visitor and/or customer to the use of 'cookies' and to use of the information gathered from their use to benefit the visitor and/or customer by the web site. Any visitor and/or customer also gives permission to collect, archive, retrieve, and use any information collected for product design, product offers, and general commercial solicitation purposes by the web site and/or its' associates.


The common practice of the web site is to not share with other persons or entities for commercial purposes information that is collected. Information that is collected may be used for general commercial solicitation by the web site and/or its' associates. 

  

CREDIT CARD OR FINANCIAL INFORMATION

Occasionally complete credit card information may be provided to the web site and/or its' associates via fax or a fill-in form rather than regular secure merchant service processing.  This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.  Credit card information or other financial information is not known to the web site.  In the event that it becomes known to the web site, that information is never revealed to anyone except the processing authorities or law enforcement agencies.  The provider of such information gives express permission to use it in fraud investigation or for litigation.

  

VISITOR EMAIL AND/OR TESTIMONIALS

Web site visitors and/or customers who wish to communicate with the web site do so under the following two conditions: All visitors and/or customers give their permission for contact by the web site and are subject to any submission provisions of the User And Terms of Use Agreement, Purchase Agreement, or this Privacy Policy.  While visitor email address may or may not be used to solicit visitor and/or customer, visitor and/or customer email address will be added to the web site general solicitation database.


If visitor becomes a customer and sends an email to the web site and/or its' associates, or if visitor and/or customer communicates with the web site and/or its' associates by phone or mail, the web site and/or its' associates collects information about your communication and by communicating with the web site and/or its' associates you give your permission to collect, archive, retrieve, and otherwise use any information collected as the web site and/or its' associates deem necessary.
Any communication which the web site and/or its' associates deem to be testimonial, may be publicized for commercial purposes.

  

BLOGS, BULLETIN BOARDS AND PUBLIC FORUMS

Visitors and/or customers who use the web site provided blogs, bulletin boards or other public forums do so at their own risk.  Visitor and/or customers may not assume that the site monitors these services or protects visitor and/or customer in any manner from information visitor and/or customer post publicly or shares with anyone else via these services.

  

SPAM 

Visitor and/or customer shall waive all rights to file complaints concerning unsolicited email or spam from the web site and/or its' associates after providing the web site information that forms the basis of communication with visitor and/or customer, such as an email address.  By visitor and/or customer providing such information, visitor and/or customer agrees to receive communication from the web site and/or its' associates. The web site and/or its' associates email communications with visitor and/or customer shall contain an 'unsubscribe' link where visitor may notify the web site and/or its' associates that visitor no longer wishes to receive solicitations or information from the web site and/or its' associates.  Visitor name and email address will be removed from the general solicitation database upon notification of such.

  

DATA SECURITY

Visitor and/or customer agrees that the web site and/or its' associates are not responsible for damages to visitor. The web site utilizes measures to protect all data that contains information related to visitors and/or customers.  As a consideration for viewing the web site or interacting with the web site in any manner, visitor and/or customer waives all claims of any nature against the web site and/or its' associates concerning the loss, alteration, or misuse of information.  Visitor and/or customer must assume that it is possible for visitors' and/or customers' personal data to be obtained by others, such as "hackers," and be used in an inappropriate manner that may cause the visitor and/or customer harm.

  

FOR CALIFORNIA RESIDENTS
California residents who have an established business relationship with the web site may choose to opt out of the web site disclosing personal information about them to third parties for marketing purposes. Third party means a business that is outside of the Alan Russell Company and it's websites. If visitor and/or customer chooses to opt out the web site will not disclose your personal information to a third party for marketing purposes.

To opt out send an email to alan@alanrussellcompany.com with your name, email address and the subject line note "opt out". California visitor and/or customer
 opt out request will be processed within 30 days of the date it was received.

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

This Privacy Policy is dynamic and could continually change without notice.  Visitor and/or customer may not assume that this Privacy Policy will remain the same.  Visitor and/or customer agrees to be bound by this Privacy Policy each time visitor and/or customer communicates with, reads, use, views, visits or interacts with the site.  Visitors' and/or customers' continued use of this site shall be evidence of visitors' and/or customers' acceptance of the terms of this Privacy Policy or any modifications.

  

DISPUTES

The web site requires visitors and/or customers who read, view, use, interact or communicate with the web site to agree to use binding arbitration for any claim, dispute, or controversy of any kind, whether in contract, tort or otherwise, arising out of or relating to the web site and/or its' products, including solicitation issues, privacy issues, user agreement and general terms of use issues.  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 is available from the American Arbitration Association website located at http://www.adr.org .  Dispute hearing will take place in Atlanta, Georgia, USA.
 

In no case shall visitor and/or customer have the right to go to court or have a jury trial as per visitor and/or customer agreement with this Privacy Policy implied through their use of the website.  Visitor and/or customer will not have the right to engage in pre-trial discovery except as provided in the arbitration rules. Visitor and/or customer 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 be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the subjugated 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 the use and/or purchases from the web site shall be brought before a court of law, pre- or post-arbitration than this Agreement shall be governed by the laws of the State of Georgia and any action or proceeding in connection with this Agreement shall be brought in any court of record of the State of Georgia, County of Fayette, or in the United States District Court for the Northern District of Georgia, Eleventh Circuit.

  

APPLICABLE LAW 

Visitor and/or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of Georgia, U.S.A.

  

QUESTIONS, COMMENTS, CONCERNS AND/OR REPORTS OF AN INCIDENT

Questions, comments or reports of an incident shall be directed to:
 

Alan Russell Company
250 Georgia Avenue E, Box 142756
Fayetteville, GA 30214 USA

 

alan@alanrussellcompany.com
   
 

This Privacy Policy was last updated on: 06 September 2008