This Privacy Policy describes the terms of our commitment to your privacy.
1.1 In this document, this website's contents, codes, products, software, services, memberships and Affiliate Programs are referred to collectively as the "Materials", excluding any Materials provided to you by the website under a different written contract.
1.2 Discussed in paragraph 1.1, the website's contents include--but not limit to--images, pop-ups, downloads, advertisements, and informational content delivered by media such as texts, images, videos, audios, and podcasts.
1.3 The website (minttree.com), its agents, owners, operators, and employees are referred to herein collectively as "Website" or "Site".
1.4 Persons who visit, view, access, or use this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Users".
1.5 Subscribers to lists or Newsletters are referred to herein as "Subscribers".
1.6 Persons who join an organization or marketing endeavor (e.g. "affiliates", "join venture" or "referral partners") promoted by this website are called herein the "Members".
1.7 People who order, attempt to order, or receive a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called herein the "Customers" or "Purchasers".
1.8 The terms of any other legal notices specified for the Materials are referred to herein collectively as the "Specified Privacy Policy".
1.9 The terms and conditions set out in this document are referred to herein collectively as the "Privacy Policy".
2.1 Your viewing, reading, using, or relying upon the website's Materials is subject to the terms of a legal agreement between you and the Website.
2.2 The Privacy Policy is intended to cover all Users of this website, all Subscribers to lists or newsletters whether paid or unpaid, all Members whether paid or unpaid, and all Customers.
2.3 Parties to the Privacy Policy are the Website and you, whose status is the User, the Subscriber, the Member, and/or the Customer.
2.4 The Customers or Purchasers are also subject to the agreement of the Privacy Policy not only by passive acceptance, but also by virtue of the Purchase Agreement contract.
2.5 In the event that a person excluded from this website because of the Terms of Use (referred in the other document as the "Terms") or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the the Privacy Policy and is in violation of the Terms of Use.
2.6 This website is not lawfully accessible to persons under the legal age or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the legal age, you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.
2.7 Unless the you has formed a separate written contract with the Website, it is expressly understood that you and the Website are, in all respects, independent parties to the Privacy Policy. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create any relationship of partnership, joint venture, agency, franchise, sales representative, employment, or similar relationship between you and the Website.
3.1 In order to access, view, and/or use the website and its Materials, you must first agree to the website's Privacy Policy, Terms, and Disclaimer. You may not access, view, and/or use the website and its Materials if you do not accept the Privacy Policy, the Terms, and the Disclaimer.
3.2 You can accept the Privacy Policy by:
(1) clicking to accept or agree to Privacy Policy, if this option is made available to you by a user-interface specified for the Materials;
(2) actually accessing, viewing, and/or using the Materials; or
(3) your continuance of accessing, viewing, and/or using the Materials.
3.3 You can accept the Disclaimer and the Terms in the similar fashion as you accept the Privacy Policy (described above).
3.4 If there are other terms specified for the Materials, you can also accept such terms in the similar fashion as you accept the Privacy Policy (described above).
3.5 You may not access, view, and/or use the Materials and may not accept the Privacy Policy if (a) you are not of legal age to form a binding contract with the website, or (b) you are a person barred from receiving the Materials under the laws of the United States or other countries including the country in which you are resident or from which you use the Materials.
3.6 Unless you have formed a separate written contract with the website, your agreement with the website will always include, at a minimum, the Privacy Policy.
3.7 If there is any contradiction between what the Privacy Policy says and what the Specified Privacy Policy on the website says, then the Specified Privacy Policy shall take precedence in relation to the involved Materials.
4.1 It is the intent of the Privacy Policy to comply with the California Act. Various provisions throughout this Privacy Policy address requirements of the act. In summary, you must presume that we collect electronic information from all visitors. This is not usually personally identifiable. If you purchase a product or service via this website (and thereby become covered by the Act), the purchase agreement you electronically sign prior to purchase allows the website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties. There is no way you can modify this information and you have no right to do so. Under the terms of the purchase agreement, you have no right to view or receive any information about our database. In the event that the website, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the website to insure that the website is releasing information to the correct party. Other provisions of the OPPA may exempt this website from complying. While we take measures to ensure that outside parties do not have access to any information we have about you, we do not warranty that outside parties will not breach our system and thus have access to your information. (You should know that merchant service providers do not allow us access to your credit card information.) This Privacy Policy also is subject to change without notice. You are required to read it prior to using the website. By interacting with the website you agree to the terms and conditions of the Privacy Policy. By using the website or purchasing a product through this website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.
5.1 This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
USER, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
5.2 Registration means that the User, 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.
5.3 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.
6.1 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.
7.1 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’ 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.
8.1 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.
8.2 Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
9.1 Users 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. Users must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that this website does not have any control over what happens with this information, (4) that this website takes no responsibility over the accuracy or content of advertisers, (5) that this 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 this website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.
10.1 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.
11.1 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.
12.1 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.
12.2 "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.
12.3 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.
13.1 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.
14.1 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 use it in fraud investigation or for litigation.
15.1 Users, subscribers, members, or customers who use any site provided 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.
16.1 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.
16.1 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.
18.1 The Privacy Policy was last modified: May 17th, 2008.
18.2 Unless otherwise stated by the website, any modification of the Privacy Policy shall be effective immediately upon its posting on the site.
18.3 Unless, in the sole opinion of the website, the Privacy Policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to the Privacy Policy nor, under any circumstances, does this site promise notification.
18.4 You understand that the website reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the website or Materials, including the Privacy Policy, at any time without prior notice. You may not assume that the Privacy Policy remains the same and agrees to check it upon each visit to the website for changes.
19.1 The Privacy Policy will continue to apply until terminated by either you or the website as set out in this Section below.
19.2 If you want to terminate this legal agreement with the website, you may do so by (a) notifying the website at any time and (b) closing your registered accounts, where the website has made this option available to you. Please use the contact page on the site to send the notice of the agreement's termination.
19.3 The website may, at any time, terminate its legal agreement with you if:
(1) you have breached any provision of the Privacy Policy (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Privacy Policy); or
(2) the website is required to do so by law (for example, where the provision of the Materials to you is, or becomes, unlawful); or
(3) the partner with whom the website offered the Materials to you has terminated its relationship with the website or ceased to offer the Materials to you; or
(4) the website is transitioning to no longer providing the Materials to users in the country in which you are resident or from which you use the service; or
(5) the provision of the Materials to you by the website is, in the website’s opinion, no longer commercially viable.
19.4 When the Privacy Policy come to an end, all of the legal rights, obligations and liabilities that you and the website have benefited from, been subject to (or which have accrued over time while the Privacy Policy have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of all Section 21 shall continue to apply to such rights, obligations and liabilities indefinitely.
19.5 The website, in its sole discretion, reserves the right to suspend or terminate your account(s), or to terminate the contract with you without notice, if the website has reason to believe that you have been involved with any of the following conduct that is related in any manner to the website, its Users, its Subscribers, its Members, or its Customers:
- engaging in illegal activity, including but not limited to, spamming, credit card fraud, consumer fraud, bank fraud, or other illicit commercial activities;
- promoting the website's Materials in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the website's Materials in relation or for any other purpose which is prohibited by law;
- infringing intellectual property rights of the website, its affiliates, publishers, customers or other related parties;
- misrepresenting the website and any, some or all of the website's Materials, or misrepresenting, over-promising or other acts in violation of federal or state law governing consumer protection and commercial activities; or
- otherwise violating this website's rules or policies.
If the website suspects you have been involved with any misconduct, the website will suspend your registered account and/or will review conduct that appears to violate this Privacy Policy. This review will be conducted in a manner decided by the website. You agree to cooperate with such review. If the review concludes that there is a reasonable basis to believe actionable misconduct has occurred, the website may terminate your account and this agreement and may seek remedies for liquidated damages and/or for the benefit of third parties affected by the misconduct. The website may also pursue other legal prosecutions and remedies as allowed by law.
19.6 You understand that the website may freely assign or otherwise transfer any or all of the rights and obligations described in the Privacy Policy without your consent and without notice to you.
19.7 You agree that if any provision of the Privacy Policy is declared or determined by any court to be illegal or invalid, the validity and enforceability of the remaining parts, terms or provisions shall not be affected by that determination, and the illegal or invalid part, term, or provision shall not be deemed to be part of the Privacy Policy.