Privacy
Statement
Strategic MC Group, Inc. (DBA; The PowerShift
Loop)
Updated
January 01, 2008
Strategic MC Group, Inc. has created this
privacy statement in order to demonstrate our firm commitment to privacy. The
following discloses our information gathering and dissemination practices for
this web site: PowerShiftLoop.com.
Persons
Or Parties Covered
This Privacy Policy is intended to cover all
visitors to this website, all subscribers to lists or newsletters whether paid
or unpaid, all members or affiliates whether paid or unpaid, and all customers.
Persons who visit or view this website, whether intentionally or
unintentionally, whether solicited or unsolicited, are described herein as
"Visitors" and are parties to this Privacy Policy. Subscribers to lists or
Newsletters are referred to herein as "Subscribers" and are parties to the
Privacy Policy. Persons who join an organization or marketing endeavor (e.g.
"affiliates") promoted by this website are called "Members" herein and are
covered by this Privacy Policy. Finally, anyone who orders, attempts to order,
or receives a product sold (recipients) or advertised on or delivered from this
website, is called a "Customer" herein and is subject to this Privacy Policy
not only by passive acceptance, but by virtue of the Purchase Agreement
contract.even at no cost, The 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
In the event that a person excluded from this
website because of the Terms of Use or from denial of service by the website,
who nonetheless unlawfully views this site, that person remains subject to the
terms of this Privacy Policy and is in violation of the Terms of Use.
Persons
Under 18 Years Of Age Are Excluded From This Website (Please see section
"Children" below)
This website is not lawfully accessible to
persons under the age of 18 or who are otherwise covered by the provisions of
the Child Online Privacy Act of 1998 (COPA). 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.
Children
Strategic MC Group, Inc. (The PowerShift
Loop) does not knowingly collect or solicit personally identifiable
information from or about children under 18 except as permitted by law. If we
discover we have received any information from a child under 18 in violation of
this policy, we will delete that information immediately. If you believe
Strategic MC Group, Inc. (The PowerShift Loop) has any information from
or about anyone under 18, please contact us at the address listed below.
Viewing
And/Or Use And/Or Communication Is Construed As Acceptance Of The Terms Of This
Policy
Acceptance of the terms of this Privacy Policy
is a portion of the consideration required for your right to visit the website.
If you do not accept these terms, you have no right to visit this site and you
are fraudulently using this site.
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:
IP
Address
We use your IP address to help diagnose problems
with our server, and to administer our Web site.
We also track IP addresses for purposes of
enrollment and/or subscription.
Information
Collection
Strategic MC Group, Inc. (The PowerShift
Loop) is the sole owner of the information collected on
PowerShiftLoop.com. Information is collected from our users at several
different points on our Web site, i.e. for membership registration, paid
subscription publications and products or services.
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 can include 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. 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.
Online
Ordering
Online ordering via SSL encrypted communication
provided by shopping cart services supporting merchant service companies like
Visa and Master Card provides information to the website but does not provide
complete credit card numbers. In the process of online ordering, the customer
provides, name, address, city, state, email address, phone number, CVV2 (back
of card) number, and, occasionally a member password. You should consider all
this information available to the website. This information is used to deliver
the product, but under the Purchase Agreement you also approve its use for
general solicitation purposes.
Our site uses an order form for customers to
request information, products, and services. We collect visitor's contact
information (such as their email address). Contact information from the order
form is used to send orders and information about our company to our customers.
The customer's contact information is also used to get in touch with the
visitor when necessary. Users may opt-out of receiving future mailings; see the
choice/opt-out section below.
Visitor
Email Inquiries
Website visitors who wish to communicate with
the website do so under two conditions: one, they give their permission for
contact by the website; two, they are subject to anysubmission
provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy.
While your email address may or may not be used to solicit you, it is added to
the website's general solicitation database.
Customer
Email Or Testimonials
If you are a customer and send an email to the
website, or if you communicate with the site by phone or 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.
Information
Obtained From Visitor Interaction With Banners, Popups, Or Site Advertisers
Visitors clicking on banners or 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 (1)
information will be collected, (2) that cookies will usually be
placed on their hard drive, (3) that website does not have any control over
what happens with this information, (4) that website takes no responsibility
over the accuracy or content of advertisers, (5) that 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, and
(6) that website assumes no responsibility for the data that is garnered from
the click itself or that the advertiser collects.
Links
This site contains links to other sites.
Strategic MC Group, Inc. (The PowerShift Loop) is not responsible for the
privacy practices of such Web sites. Strategic MC Group, Inc. (The PowerShift
Loop) is not responsible for any content on any linked sites or for any
goods or services available from them.
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 a friend, you must assume that
some data is collected about your IP address or your email address and that of
your friend. 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 a friend 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"
"Cookies" is web jargon for bits of computer
code placed on your hard drive. Websites use this 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.
Many websites, including this one, collect
information about your computer, your email address, your IP address. You must
assume that your web-viewing or web-use activity is monitored, tracked, and
information 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 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 permission to
use 'cookies' and to use the information gathered from their use to benefit
you. You also give 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.
"Cookies"
Our site uses cookies to keep track of your
shopping cart. We also use cookies for tracking and properly crediting
affiliates in our Membership Affiliate Program.
Our site's registration form requires users to
give us contact information (such as their name and email address), unique
identifiers (such as their Affiliate ID). The customer's contact information is
used to contact the visitor when necessary. Users may opt-out of receiving
future mailings; see the choice/opt-out section below. Unique identifiers (such
as Affiliate IDs) are collected for use as account numbers in our record
system.
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 assume that it is not. You must assume that information collected is
shared with other persons or entities for commercial purposes. While this is
uncommon in practice, you must 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
Sharing
We will never sell or give away your personal
information to third parties for purposes of building contact lists without
your permission.
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.
Information that is disclosed in these areas
becomes public information and you should exercise caution when deciding to
disclose your personal information.
Spam
- UCE (unsolicited commercial email)
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.
Choice/Opt-Out
This site gives users the following options for
removing their information from our database to not receive future
communications or to no longer receive our service.
You can send email to
admin@powershiftloop.com
Data
Security
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.
Business
Transition Exception
In the event Strategic MC Group, Inc. (The
PowerShift Loop) goes through a business transition, such as a merger, or
being acquired by another company, users personal information will, in
most instances, be part of the assets transferred.
Legal
Disclaimer
Though we make every effort to preserve user
privacy, we may need to disclose personal information when required by law
wherein we have a good-faith belief that such action is necessary to comply
with a current judicial proceeding, a court order or legal process served on
our Web site.
Correct/Update
This site gives users the following options for
changing and modifying information previously provided.
Revisions
To This Privacy Policy Without Notice
This Privacy Policy is dynamic. It will
continually change. You may not assume that it remains the same and you agree
to check the policy each time you visit the site for changes. Unless, in the
sole opinion of the website, this policy changes so drastically as to suggest a
posted notification on the site or via email, you will receive no notification
of changes to this Privacy Policy nor, under any circumstances, does this site
promise notification. Your continued use of this site always evidences your
acceptance of the terms this Privacy Policy or any modifications.
Copyright
This Privacy Policy is copyrighted by Strategic
MC Group, Inc. (DBA; The PowerShift Loop)
Disputes
As part of the consideration that the Website
requires of the Visitor to view, use, or interact with this site, Visitor
agrees to use binding arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of
or relating to this purchase, this product, including solicitation issues,
privacy issues, and 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, its rules, and its forms are
available from the American Arbitration Association, 335 Madison Avenue, Floor
10, New York, New York, 10017-4605. All hearings will take place in Limestone
County, Alabama.
In no case shall the Visitor have the right to
go to court or have a jury trial. 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 Limestone County, Alabama. In the
event of litigation in federal court, it shall take place in Athens,
Alabama.
Applicable
Law
Visitor agrees that the applicable law to be
applied shall, in all cases, be that of the state of the owner, Strategic MC
Group, Inc..
Governing
Law
Strategic MC Group, Inc. (The PowerShift
Loop) is controlled, operated and administered entirely within Alabama.
Questions,
Comments, Or Report Of Incidents
If you have any questions about this privacy
statement, the practices of this site, or your dealings with this Web site, you
may contact:
James Andrews, CEO, Strategic MC Group, Inc.
Executive Director, The PowerShift Loop 27529 Hwy. 72, Suite 529
Athens, AL 35613 USA Office Hours: Mon-Fri, 9AM-5PM CST (ONLY)
james@theSMCgroup.com
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