BYTHEPROS.COM TERMS AND CONDITIONS

ByThePros.com (owned and operated by Avatar Strategies LLC, hereinafter referred to as "Company") is an e-commerce platform for providers of products and/or services.  The ByThePros.com website serves as a liaison between customers and product/service providers by aiding the online interactions of the parties.

Definitions

As used in this agreement, the following terms shall have the meanings set forth below:

"Site" is defined as any website, or part of a website, operating under the ByThePros.com domain or using the ByThePros.com platform, including those under alternate domain names.  The content, products, and/or services provided in different sections of the Site may be owned, operated, and maintained by separate non-Company entities (Service Providers as defined below).

"External Website" is defined as any website which is not operating under the ByThePros.com domain nor uses the ByThePros.com platform.

"User" is defined as any person, group, company, partnership, organization, or the like which utilizes the Site in any way and for any purpose.

"Customer" is defined as any User who attempts to, or successfully places a product/service order on the Site.

"Merchant" is defined as any User that provides any products and/or services that can be ordered using the Site, as well as those parties that directly advertise their business on the Site.

"Advertisement" is defined as links, graphics, documents, or code intended to promote or reference a Merchant's products or services.

"Affiliate" is defined as any User who has (a) been assigned an affiliate id by the Site; (b) has referred a User onto the Site; (c) has placed an Advertisement on an External Website; (d) has distributed an Advertisement via website, direct message, email, flyers, handouts, or other methods; and/or (e) has been notified by the Company of their association to a User registration due to such User providing the Company with the Affiliate's username, affiliate id, or email address.

"Service Provider" is defined as any Merchant or Affiliate, as defined above.  The Company reserves the right, in its sole discretion and without liability, to reclassify, declassify, reject, omit, or exclude any Service Provider from the Site for any reason at any time, with or without notice and regardless of whether the User was previously classified as a Merchant or Affiliate.

Entire Agreement

This agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and discussions, whether oral or written with respect to its subject matter.  This agreement may only be amended in writing, signed by both parties.  This agreement shall be construed as to its fair language and not strictly for or against any party.

BY USING THE SITE, USERS EXPRESSLY ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS SET HEREIN, INCLUDING ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR THE COMPANY AND SERVICE PROVIDERS.

Choice of Law

This agreement is governed by the laws of the State of New Jersey, USA.  All Users hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Passaic County, New Jersey, USA in all disputes arising out of or relating to the use of the Site.

Severability

If any part of this agreement shall be held to be unenforceable, the rest of this agreement shall nevertheless remain in full force and effect.

Non-Waiver

The failure of either party to this agreement to exercise any of his, her, or its rights under this agreement at any time does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

Site Usage

Users agree not to use the Site for any fraudulent or unlawful purposes.  In addition, each User agrees not to (a) alter, remove, or obscure any notices or markings from the Site, (b) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof; (c) create derivative versions of any part of the Site; (d) rent, transfer, distribute, or grant any rights in the Site in any form; or (e) use the Site for any purpose that the Company deems to be inappropriate.

The Company has the sole responsibility of calculating Site traffic and engagement statistics, including impressions, clicks, and orders, as well as determining which acts and/or omissions are deceptive or fraudulent in nature, in the sole and absolute discretion of the Company.  Users agree not to use, or allow the use of, any deceptive, mechanical, computerized, or other artificial means of increasing the number of page-views, impressions, clicks, orders, or any other measure of Internet traffic.  In no event may more than 5% of Advertisement impressions or clicks come from one IP address.  The Company reserves the right to prosecute to the fullest extent of the law any User that is found artificially inflating their traffic.

No Agency

All Users agree that no joint venture, partnership, employment, or agency relationship exists between such Users and the Company as a result of this agreement or use of the Site.

THE COMPANY DOES NOT RECOMMEND OR PROVIDE ADVICE REGARDING ANY SPECIFIC SERVICE PROVIDER, NOR ANY OF THEIR PRODUCTS OR SERVICES.  THE COMPANY DOES NOT SELL, SOLICIT APPLICATIONS FOR, OR WRITE CONTRACTS FOR ANY SERVICES.  THE COMPANY IS NOT A BROKER ACTING ON BEHALF OF ANY CUSTOMER AND IS NOT AN AGENT ACTING ON BEHALF OF ANY SERVICE PROVIDER.

No Warranty

Each User expressly acknowledges and agrees that its use of the Site, any services or goods obtained or websites linked through the use of the Site, and any data transmitted through the Site is at the sole risk of the Users.

Neither the Company nor any Service Provider warrant that Service Providers are licensed or certified to practice in any jurisdiction.  The Company has no control over the quality, safety, reliability, or legality of the services, the truth or accuracy of the claims, any breach of this agreement by any Users of the Site, the ability of Service Providers to provide services, or the ability of the Customers to pay for services.  User identification on the Internet is difficult to validate, and therefore the Company cannot and does not confirm that any User is who he, she, or it claims to be.

The Company and Service Providers do not provide or make any undertaking or representation with respect to any Service Provider or as to the quality or nature of any of the products or services purchased through the Site or any other representation, warranty, or guaranty.  The Company and Service Providers make no warranty as to any particular outcome from use of the Site or as to the accuracy or reliability of any information obtained through the use of the Site.

THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.  THE COMPANY AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.  THE COMPANY AND SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR WITHOUT BREACHES OF SECURITY.

Liability

Users agree that they are fully responsible for their own actions and behaviors regarding any communication, business, or event that takes place as a result of the use of the Site.  The Company is not responsible, nor does it assume any responsibility, for any of the actions or behaviors of any User.

The Company and Service Providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use of the Site or any products or services provided through the Site, including but not limited to claims relating to performance, quality, timeliness, legality, lost profits, lost data, User disputes, or satisfaction.  All Users release the Company and Service Providers from claims, demands, liabilities, expenses, including reasonable attorney fees, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Site or Advertisements.

California residents agree to waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

ALL USERS, INCLUDING CUSTOMERS AND SERVICE PROVIDERS, HEREBY RELEASE, WAIVE, AND DISCHARGE THE COMPANY, SERVICE PROVIDERS, AND OTHER USERS FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LOSSES, LIABILITIES, DAMAGES, RIGHTS, OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE.

Dispute Resolution

Any problems, civil, and/or criminal actions that arise or occur between Users are to be dealt with by and between such parties involved.  All disputes or claims arising out of or relating to the Site, or products or services provided through the Site, or this agreement, including disputes between Users, Service Providers, and/or the Company, must be resolved exclusively through binding individual arbitration, and not in court.  Users waive the right to a jury trial and agree not to participate in any class, collective, or representative action.  This clause survives termination of these Terms and Conditions.

Tax Filing

By using the Site, Merchants agree that the Company is an independent contractor for the Merchant, and Affiliates agree to be independent contractors for any Merchants their Affiliate accounts are linked to.  All parties are responsible for filing their taxes accordingly.

Merchants agree to send any applicable tax reporting forms, including, but not limited to, IRS Form 1099 or IRS Form W-8BEN, by February 28 of each calendar year, to the Company and any Affiliates that have received commissions from such Merchant in the previous calendar year, as required by law.  The use of Third-Party Settlement Organizations to send payments may still require Merchants to send such tax forms.  Merchants are solely responsible for reporting their independent contractor payments to government authorities.

The Company and Affiliates are solely responsible for claiming any income received on their tax returns.  Payroll taxes, including federal, state, and local taxes shall not be withheld or paid by the Merchant on behalf of the independent contractor or for the employees of the independent contractor.  The independent contractor shall not be treated as an employee with respect to the services performed for federal and state purposes, and shall be responsible to pay all taxes as mandated by law.

Fringe Benefits

Service Providers are not employees of the Company.  Service Providers are therefore not eligible for, and shall not participate in, any employee benefit of the Company, including, but not limited to, pension, health, or other fringe benefits.

Affiliates are not employees of any Merchants.  Affiliates are therefore not eligible for, and shall not participate in, any employee benefit of the Merchant, including, but not limited to, pension, health, or other fringe benefits.

Declaration by Service Providers

The Service Provider declares and states that he, she, or it has complied with all federal, state, and local laws regarding business permits and licenses that may be required to carry out the work to be performed under any business that the Service Provider accepts through the Site.

Materials, Supplies, Equipment, and Tools

The Service Provider shall supply, at his, her, or its expense, all materials, supplies, equipment, and tools needed to accomplish the agreed work to be performed in accordance with any order made through the Site.

Payment Authorization and Capture

Products or services offered on the Site may be subject to a multi-step payment process.  This process may involve a payment authorization hold at the time of checkout or billing recurrence, while the actual charge or payment capture occurs at a later time after certain conditions are met.

The conditions under which authorized payments are captured may vary and are defined on the Site, in the descriptions of the products or services that use a multi-step payment process.  These conditions may include, but are not limited to, confirmation of Merchant availability, inventory status, reaching of profit targets, or fulfillment of other criteria noted in the descriptions of such products or services.  No payment is charged if such conditions are not met, by voiding payment authorizations or allowing them to expire.  Products and services without descriptions or those with descriptions that do not indicate a delayed or conditional capture may have their payments authorized and immediately captured at the time of checkout.

All payment authorizations, captures, and recurring charges are securely managed by a third-party payment processor, so no payment details are stored or processed directly by the Site.

Financial Products or Services

For any financial products or services provided through the Site, including, but not limited to, trading signals, market analysis, educational content, or any information related to financial markets, Users acknowledge and agree to the following:

1. No Financial Advice

All information, signals, alerts, indicators, strategies, and content provided by the Site are for general informational purposes only and should not be construed as financial advice.  Information provided through the Site is not intended to recommend or promote any specific investment or financial decision, and should therefore not be considered financial guidance.

2. No Guarantee of Accuracy

The Company, Merchants, and Affiliates do not warrant the completeness, accuracy, or usefulness of any signal, strategy, alert, or content provided.  Markets are volatile, and information can change rapidly.

3. No Guarantee of Success

The Company, Merchants, and Affiliates do not guarantee that any signal, strategy, alert, or content provided will result in profits or protect against losses.  Users understand and agree that past performance of trading signals or market analysis is not indicative of future results.

4. Trading Involves Risk

Trading or investing in financial markets, including, but not limited to, stocks, bonds, ETFs, forex, cryptocurrencies, and commodities, involves substantial risk, as the value of investments can fluctuate significantly and Users may lose all or part of their initial investment.  Users are advised to conduct their own independent research and analysis before making any financial decisions.

5. Personal Responsibility

Users are solely responsible for evaluating the risks associated with any financial decisions they make, and assume full responsibility for any losses that may occur.  Users agree that no Company, Merchant, or Affiliate will be held liable for any losses or damages arising directly or indirectly from the use of the Site, including reliance on any information, signal, analysis, strategy, alert, or content provided.

FINANCIAL CONTENT PROVIDED BY THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, OR TRADING ADVICE.  NO GUARANTEE IS MADE REGARDING THE ACCURACY, TIMELINESS, OR RESULTS OF ANY SIGNAL, STRATEGY, ALERT, OR OTHER CONTENT.  THE COMPANY, MERCHANTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE, AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Recurring Payments

Order amounts may be authorized and/or captured in installments, as in cases where orders contain products or services to be delivered sequentially, orders contain time-sensitive products or services, or Customers opt into subscriptions or other recurring billing plans.

Recurring charges will continue until the total order amount is collected.  Users acknowledge and agree that all charges necessary to complete the total order amount may be initiated automatically and without further authorization.  For subscriptions and recurring billing plans, the total order amount is defined by the most recent active order.  No refunds will be issued for any remaining installments, as these are part of the original order amount.

If any payment is declined or fails for any reason, the Company reserves the right to suspend or cancel access to the associated services until the outstanding amount is collected.

Digital Delivery

Products and services may be delivered electronically via email or SMS, based on the contact information provided by the User via the Site.  It is the sole responsibility of the User to ensure that all contact details submitted are accurate, complete, and current to ensure proper delivery.

The Company and its Service Providers shall not be held responsible for any non-delivery, delays, or access issues resulting from incorrect, incomplete, or outdated contact information provided by the User.  Order charges will apply regardless of whether the User receives the products or services, if delivery fails due to the User's error or omission.

No Refunds

All purchases made through the Site are final and non-refundable.  Any exceptions to this policy may be made solely at the discretion of the Company and Merchant whose products or services where ordered.  The granting of a refund does not entitle the recipient to a refund in the future.

User Content

A User may be able to post files, links to other websites, and/or additional information for other Users to view through the Site.  Each User acknowledges and agrees that such User is solely responsible for the form, content, and accuracy of any content or information placed on the Site by the User, or on behalf of such User.  Users also agree not to use the Site for posting any incomplete, false, or inaccurate information, or any obscene, indecent, or offensive language, or to place on the Site any material that is false, defamatory, abusive, harassing, or hateful.

The Company and its Service Providers are not responsible for any content posted on the Site by any Users, or on behalf of any Users.  The Company does not review the content before it is posted and does not verify, endorse, or otherwise take responsibility for any User content.  Users are solely responsible for all files contained in their own directories, and are legally liable for their content.  Users grant the Company and its Service Providers a non-exclusive, royalty-free license to use, publish, edit, alter, move, copy, remove, or create derivative works from User content.  Users agree to indemnify the Company and its Service Providers from any and all damage, liabilities, cost, and expenses, including reasonable attorney fees, related to or arising from any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made to such content, including, but not limited to, the infringement of any copyright, trademark, patent, intellectual property, or other right.  The Company reserves the right in its sole discretion to remove any User content for any reason.

Advertisements on External Websites

Affiliates grant the Company the right to audit Affiliate websites for content, traffic, Advertisement placement, and fraudulent behavior, as well as reference their referral methods (including affiliate id, domain, image, or logos) for any advertising and/or public relations purposes.

All Advertisements used on External Websites or third-party ad campaigns must comply with the rules below.  Advertisements provided by the Company or any Merchant as a convenience are also subject to these same policies.

1. The Advertisement must appear with a minimum spacing of 25 pixels between all sides of the Advertisement and other graphic or textual elements on the advertising web page or email communication.

2. Users may not frame or mirror any page from the Site (including the page that appears in response to a click on the Advertisement) on the External Website.

3. Users may only display the Advertisement in a manner that makes accurate references to the Company or Merchant, and does not imply a relationship or affiliation with, sponsorship, or endorsement by the Company or Merchant, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of the Company, Merchant, or their personnel.  The Advertisement may not appear larger or more prominent than the External Website's own company name, web page title, service name, product name, or other trademarks.

4. In no event will Users hold the Company, any Merchant, or any Affiliate liable for the content of any Advertisement.

5. Users may not display the Advertisement in a manner that is misleading, defamatory, libelous, disparaging, obscene, or otherwise objectionable to the Company or Merchant, or impairing of the rights of the Company or Merchant in its trademarks or logos, infringes on any Company or Merchant intellectual property or other rights, or violates any state, federal or international law, in the sole opinion of the Company or Merchant.

6. This agreement does not grant a license or any other right in the logos or trademarks of the Company or Merchants.  The Company and Merchants reserve the right in their sole discretion to terminate or modify the User's permission to display the Advertisement at any time.  The Company and Merchants reserve the right to take action against any User that does not conform to these guidelines, infringes on any intellectual property or other right, or violates other applicable law.

THE COMPANY, MERCHANTS, AND AFFILIATES DISCLAIM ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE ADVERTISEMENT, INCLUDING WARRANTIES AGAINST INFRINGEMENT.

Affiliate Commissions

The current commission rate to be paid to Affiliates is defined on the Site, based on the total order amount collected.  Any traffic reports provided by the Company may vary until payments are issued to Affiliates.

There is a $50 USD (US Dollars) minimum payout threshold for all payments issued to Affiliates (i.e., once the amount of the funds to be released to the Affiliate reaches $50 USD or above, a payment may be issued to the Affiliate for that amount).  In the event that the Company, Site, or Merchant sending the payment ceases operations, is dissolved, files for bankruptcy, or is otherwise shut down for any reason, no payment will be issued for unpaid Affiliate commissions that do not meet the minimum payout threshold of $50 USD.

For tax reporting purposes, Affiliates may be required to provide additional information before receiving their first payment, including, but not limited to, full legal name, physical address, tax identification number, and email address or username for digital payment deliveries.  Affiliates understand and agree that failure to provide such information will result in forfeiture of any and all payments.

A $2 USD fee may be charged for every mailed check, digital deposit, or otherwise issued payment.  If the User's mailing address or delivery information is incorrect in the Site's database when the funds are released, an additional $20 USD processing fee will be charged to the User to resend the funds.  Users acknowledge and accept the responsibility of maintaining their delivery information up to date.

Merchants reserve the right to withhold payment from any Affiliate suspected of fraudulent or illegal behavior, in the sole opinion of the Merchant.

Merchant Payments

Payments from Merchants to the Company and payments from the Company to Merchants, including, but not limited to, service fees, earnings splits, revenue shares, or other forms of compensation, shall be made in accordance with payment schedules mutually agreed upon by the parties through separate agreements.  These agreements may include, but are not limited to, joint venture agreements, partnership agreements, service agreements, or other offline arrangements.

The Company reserves the right to remove content and/or revoke privileges from any Merchant suspected of fraudulent or illegal behavior, in the sole opinion of the Company (see the "User Warnings and Account Termination" section below).

Reviews

Customers may have the opportunity to submit reviews or testimonials about a Merchant's products or services.  Merchants may also have the opportunity to review Customers they have performed work for through the Site.  These reviews may be posted on the Site for the general public to view.  Offensive or obscene reviews will be removed from public view, with the Company reserving the right to decide which reviews are considered offensive or obscene.  A review that is negative will not necessarily be removed from the Site merely due to its negativity regarding a Merchant or Customer, however such Merchant or Customer may request that the Company remove the review.  There is no guarantee that such review will be removed.

Rating System

The Company may assign a rating to all registered Users of the Site, which may or may not be visible to the general public.  A User's rating is defined by several factors, including, but not limited to, the User's reviews and warnings given to the User regarding improper usage of the Site.  For Merchants, these ratings may directly affect their placement on search results.

User Warnings and Account Termination

The Company reserves the right in its sole discretion to issue a warning, temporarily suspend, indefinitely suspend, remove any User content, terminate any User account, and/or grant or revoke any User privileges for any reason.  Such reasons include, but are not limited to, unresponsiveness, misconduct, outstanding balance, User complaints, offensive or obscene User content, low ratings, and/or deceptive advertising claims.

Copyright

All content included on the Site, such as text, images, photographs, audio, video, and software is the property of the Company and protected by United States and international copyright laws.  Reproduction, modification, distribution, transmission, replication, or display of Site content is prohibited.

Trademarks

ByThePros.com, and the ByThePros.com logo are all trademarks or registered trademarks of Avatar Strategies LLC in the United States and other countries.  The Company's trademarks may not be used in connection with any non-Company product or service in any manner that may cause confusion, or in any manner that disparages or discredits the Company.  Other trademarks, service marks, registered trademarks, and registered service marks displayed on the Site are the property of their respective owners.

Patents

The Site may contain proprietary information and content, operational aspects, and associated technology that are the subjects of an application for patent protection filed with the United States Patent and Trademark Office.  Except as expressly provided herein, the Company and its Service Providers do not grant any express or implied license or right to any patents, patent applications, or other intellectual property.

Notification of Changes

The Terms and Conditions of the Site are subject to change.  If changes are made to this agreement, such changes will be posted on the Site to make its Users aware of the present Terms and Conditions governing the Site.  Such changes will become binding and will be considered received by all Users on the date posted to the Site, and no further notice by the Company is required.

PRIVACY POLICY

Information Collection and Use

The Company is the sole owner of the information collected on the Site.  The Company will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.  User information is collected at several different points on the Site.

Security

The Company takes every precaution to protect User information, by collecting the minimum personal data necessary to provide services on the Site.  All payment transactions are securely encrypted via SSL and processed through PCI-DSS compliant payment processors, so that no sensitive payment data ever touches Company servers.

In addition, access to all User information (beyond just payment information) is restricted.  Only relevant Merchants and authorized personnel who need the information to perform a specific task (for example, a billing clerk or a customer-service representative) are granted access to personally identifiable information.

Cookies and Tracking Technologies

The Site uses cookies and similar tracking technologies, including pixels and local storage, to remember preferences, perform analytics, and enhance the User experience.  Cookies set by the Site are essential to the proper functioning of the Site, and are in no way linked to personally identifiable information.  The Site's service providers and marketing partners may also use cookies, but the Company has no access to or control over their cookies or tracking technologies.

Under GDPR and CCPA, Users have the right to opt out of non-essential cookies.  Disabling cookies via browser settings may result in the Site not functioning properly.

Rights Under GDPR and CCPA

For Users located in the European Economic Area (EEA), the GDPR grants Users the right to access, correct, delete, or restrict the processing of their personal data.  Users have the right to withdraw consent where processing is based on consent.  For Users that are California residents, the CCPA grants Users the right to know what personal data is collected, to request its deletion, and to opt out of any sale of their personal information.  To exercise rights under GDPR or CCPA, Users can send messages using the "contact" links on the Site.

Log Files

The Company may use Internet Protocol (IP) addresses to analyze trends, administer the Site, improve User experience, and gather broad demographic information for aggregate use.  Internet protocol addresses are not linked to personally identifiable information on Company servers.

Order Information

The Site requests information from the User on all order forms, such as contact information (like name and shipping address) and financial information (like credit card number, expiration date).  This information is used for billing purposes, to fill the Customer's orders, and to get in touch with the User.

The Company does not store sensitive payment information.  Such details are sent directly to a third-party payment processor, so no sensitive data ever touches Company servers.  Only tokenized references to payments may be stored for order logging and recurring payments.

Sharing

The Company may share aggregated demographic information with its Merchants, partners, and advertisers.  This is not linked to any personal information that can identify any individual person.

The Company may use an outside shipping company to ship orders, a payment processing company to bill Users for goods and services, and partners with other parties to sell products and provide certain services.  The Company only shares the contact information necessary for such parties to provide their respective services.  These parties are not allowed to retain, share, store, or use personally identifiable information for any secondary purposes.

Supplementation of Information

The Company may supplement the information it receives with information from outside sources.  For example, to tailor the Site to an individual's preference, the Company may combine information about the purchasing habits of similar Users with information from its partners.  When a User makes a purchase from such partner companies, the companies may collect and share that purchase information to assist the Company in tailoring the Site to the Users' preferences.

Newsletters and Promotional Materials

Users may occasionally receive information via email on products, services, special deals, or a newsletter.  Out of respect for the privacy of its Users, such emails will present the option to not receive these types of communications (see the "Choice/Opt-out" section below).

Website Service Notifications

The Company may send the User website announcement updates, as well as emails required for the proper usage of the Site.  Users are not able to unsubscribe from these notices, which contain important information about Site services.  The Company communicates with the User to provide requested services and in regards to issues relating to their account via email, regular mail, phone, or posting notices or links to notices on the Site.

Surveys & Contests

From time-to-time, the Site may request information from Users via surveys or contests.  Participation in these surveys or contests is completely voluntary and the User therefore has a choice whether or not to disclose any information, which may include contact information (such as name and address), and demographic information (such as postal code and age level).  Contact information will be used to notify the winners and award prizes.  Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site.

Tell-A-Friend

If a User elects to use the Site's referral service for informing a friend about the Site, the friend's email address will be required.  The Site will automatically send the friend a one-time email inviting them to visit the Site.  The Company may store this information, but the recipient may request the removal of their information from the Site's database.

Updating Personal Information

If a User's personally identifiable information changes (such as email address or phone number), the User can update their data and/or notification options on the Site.

Choice/Opt-out

Users of the Site are given the opportunity to "opt out" of having their information used for purposes not directly related to the Site.  Users who do not wish to receive newsletters and/or promotional materials of the Site or of the partners of the Site may opt out of receiving these communications by visiting the "unsubscribe" link included in the messages.

Links to Other Websites

The Site contains links to External Websites.  These links are provided solely as a convenience and are not endorsements of any products or services in such websites, and no information in such website has been endorsed or approved by the Company.  These websites may also contain opinions and viewpoints that do not necessarily coincide with the Company's opinions and viewpoints.  Those External Websites may also have privacy policies different than this policy.  Please be aware that the Company is not responsible for the privacy practices of such other websites.  The Company encourages Users to be aware when they leave the Site and to read the privacy statements of each and every website that collects personally identifiable information.  This Privacy Policy applies solely to information collected by the Company's Sites.

Notification of Changes

The Privacy Policy of the Site is subject to change.  If changes are made to this policy, such changes will be posted on the Site to make its Users aware of the present policies governing the Site, what information is collected, how it is used, and under what circumstances, if any, it is disclosed.  If at any point a User's personally identifiable information will be used in a manner other than that stated at the time of collection, Users will receive email notification offering them the option of prohibiting such use.