IMPORTANT -- PLEASE READ
terms of our commitment to your privacy.
PERSONS OR PARTIES
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
or Newsletters are referred to herein as "Subscribers" and are parties to
(e.g. "affiliates") promoted by this website are called "Members" herein
attempts to order, or receives a product sold (recipients) or advertised
on or delivered from this website, even at no cost, is called a "Customer"
acceptance, but by virtue of the Purchase Agreement contract. 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
In the event that a person excluded from this
website, who nonetheless unlawfully views this site, that person remains
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 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.
VIEWING AND/OR USE AND/OR COMMUNICATION
IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS 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.
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
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.
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 any ‘submission’
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
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
INFORMATION OBTAINED FROM
ELECTRONIC MEANS AND 'COOKIES'
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
"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
WHAT WE DO WITH THE INFORMATION WE COLLECT
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by www.heartburnnomore.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Heartburn No More (of Higher Ways Publishing) has a zero-tolerance spam policy. This means that all email recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender. Affiliates accounts will be terminated for sending unsolicited email messages.
Email messages sent in connection with a Heartburn No More (of Higher Ways Publishing) must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. All affiliates must acknowledge and agree that they will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests.
You are responsible for ensuring that the email messages you send in connection with your promotions of Heartburn No More (of Higher Ways Publishing) do not generate a number of spam complaints or bounce rates in excess of industry standards. If Heartburn No More (of Higher Ways Publishing) determines that your level of spam complaints or bounce rate is higher than industry standards, Heartburn No More (of Higher Ways Publishing), at its sole discretion, has the right to suspend or terminate your use of its website and services. If you receive low response rates, high abuse rates or high bounce rates, we may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases we may suspend or remove email privileges on your affiliate account.
Advertising using unsolicited messages on our website (or any offer or product related to): Heartburn No More (of Higher Ways Publishing) is strictly prohibited.
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.
QUESTIONS, COMMENTS, OR REPORT OF
You may direct questions, comments or reports
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,
under any circumstances, does this site promise notification. Your
continued use of this site always evidences your acceptance of the terms
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
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. Hearing will take place
in the city or county of the Seller.
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
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
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 to be the state and city declared in
the contact information of the web owner unless otherwise here specified.
In the event that litigation is in a federal court, the
proper court shall be the closest federal court to the state of the seller.
Visitor agrees that the applicable law to be
applied shall, in all cases, be that of the state of the seller.