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eMerchantClub, LLC (EMC) takes privacy matters seriously. Please read the following to learn more about our privacy policy. What This Privacy Policy Covers This policy covers how EMC treats personal information that EMC collects and receives, including information related to your purchase and use of EMC websites and services. Personal information is information about you that is personally identifiable like your name, address, E-mail address, or phone number, and that is not otherwise publicly available. By using any EMC pages, in any way accessing www.emerchantclub.com, or using other services of EMC, you are accepting the practices described in this policy and our terms of use. This policy does not apply to the practices of companies that EMC does not own or control, or to people that EMC does not employ or manage. In addition, EMC works with drop-shipping companies that may have their own privacy policies. Information Collection and Use General EMC may collect personal information when you (a) visit EMC pages or the pages of EMC business partners, (b) request information from EMC, (c) have a website designed or hosted by EMC, or (d) use EMC services. EMC may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name and contact information. In connection with purchases we may also ask for credit card numbers, Social Security numbers or other financial information. Once you register with EMC and sign in to our services, you are not anonymous to us. EMC collects information about your transactions with us and with some of our business partners, including information about your use of services and purchase of products that we offer. EMC may automatically receive and record information on our server logs from your browser, including your IP address, EMC cookie information, and the page you request. EMC may use information we receive from you for any business purpose, such as to (a) fulfill your requests for products and services, (b) improve our services and customize the advertising and content you see, (c) provide our business partners and others with the ability to contact you and offer additional products and services you may be interested in, (d) conduct research, troubleshoot problems, resolve disputes, or (e) provide reporting for internal and external clients. You consent to the collection and use of your personal information, including the transfer of information within and outside the United States for storage, processing, and use as set forth in this privacy policy. Children EMC offers business products and services that are not appropriate for children under 18. EMC restricts access by minors by requiring use of a credit card to purchase EMC products and services online. When a minor attempts to purchase from EMC, we ask that his or her parent or guardian provide consent. EMC does not knowingly collect information from children under the age of 18. Information Sharing and Disclosure EMC does not currently provide any personal information about its members to nonaffiliated companies. EMC may share personal information about you with our business partners, affiliated companies and others. Your personal information may be used by EMC to, among other things: Provide products, services or information you’ve requested. Provide you with information about additional products and services you may be interested in. Communicate with you about offers from EMC and our marketing partners via direct mail, E-mail, telemarketing or other direct marketing. Help us respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of EMC’s terms of use, or as otherwise required or permitted by law. We transfer information about you if EMC is acquired by or merged with another company. EMC may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personal information about you needed to perform their functions. EMC works with vendors, partners, advertisers, and other service providers in different industries and categories of business. We reserve the right to send you certain communications relating to the EMC service, such as service announcements and administrative messages that are considered part of your EMC membership, without offering you the opportunity to opt-out of receiving them. Cookies Cookies are alphanumeric identifiers that EMC may transfer to your computer hard drive through your Web browser. EMC may set and access cookies on your computer. EMC may use IP addresses and cookies to analyze trends, administer the site, track member and user movements, and gather broad demographic information for aggregate use. EMC may also use web beacons to access EMC cookies inside and outside our network of web sites and in connection with EMC products and services. Text Messaging (SMS) eMerchantClub LLC, offers consumers and itsmembers the option of receiving certain information by Short Message Service (“SMS”) or texting services (“text(s)”). eMerchantClub offers consumers and members the option of opting into marketing & updates by text. Please see the information below to learn more about receiving and opting out of text messages. eMerchantClub is looking forward to texting with you soon! To stop receiving text messages text STOP or email quit@emerchantclub.com for text messaging assistance. eMerchantClub LLC does not charge a fee to send texts. However, message and data rates apply from your carrier (e.g., AT&T, Verizon, Sprint, etc.). The number of texts you receive will depend on the number of texts sent for the program and is highlighted upon opting in to SMS messaging. Text is available to subscribers of carriers that can receive text message, such as T-Mobile, AT&T, Sprint, Boost, Nextel, Verizon, etc. You must be 18 years of age or older and enrolled in SMS text service. You also agree to eMerchantClub LLC Text terms of service. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt in data and consent; this information will not be shared with any third parties.” Compliance with TCPA Regulations We are committed to complying with all applicable regulations set forth by the Telephone Consumer Protection Act (TCPA). This includes obtaining express written consent before contacting consumers via automated telephone calls or text messages. We also maintain an internal “do not call” list and honor any requests to opt-out of marketing communications (manually opt out HERE). By providing your contact information to us, you are consenting to receive communications from us in accordance with our TCPA-compliant policies and procedures. Security Measures At eMerchantClub, we take the security of your personal information seriously. We have implemented administrative, technical, and physical security measures designed to protect your information against unauthorized access, disclosure, alteration, and destruction. Our security measures include but are not limited to: access controls, encryption, firewalls, regular security assessments, and employee training programs. We also monitor our systems and networks for potential security threats and take immediate action to address any issues that arise. By implementing these security measures, we strive to ensure the confidentiality, integrity, and availability of your personal information. Purpose of Collection We collect personal information in order to provide our services to you, to personalize your experience, and to improve our offerings and services. We may also use your information to send you marketing communications or to contact you about new products or services. We will not share your information with third parties for marketing purposes without your express consent. Types of Information Collected We collect various types of information from our customers, including but not limited to names, phone numbers, email addresses, and other personal information. This information is necessary for us to provide our services to you and to maintain your account. We may also collect information about your interactions with our website and other online platforms, including but not limited to your IP address, browsing history, and device information. Retention and Disposal of Personal Information We will retain your personal information only for as long as necessary to provide you with our services and as described in our Privacy Policy. We may also be required to retain this information to comply with our legal and regulatory obligations, to resolve disputes, and to enforce our agreements. We will securely dispose of your personal information when it is no longer needed. Data Sharing We do not share your personal information with third-party service providers or other organizations unless it is necessary to provide a service you have requested. In those cases, we disclose only the information required to perform the service and require that our partners keep the information confidential and use it only for that purpose. Our privacy policy provides details about how we protect your personal information and keep it secure. Opt Out of All Marketing Communications If you would like to opt out of receiving marketing communications from us, you can do so by following the unsubscribe link provided in our emails or by contacting us directly. Additionally, we will provide you with a link below to a webform where you can easily and automatically opt out of all email marketing, sms, and telephone communication: Click HERE for Opt Out Web Form Changes to this Privacy Policy EMC may modify, cancel or update this policy at any time in its sole discretion. Any changes will become effective immediately, and will apply to all personal information then in EMC’s possession, custody or control, including all previously-collected information. EMC may notify you about significant changes in the way we treat personal information by sending a notice to the primary E-mail address specified in your EMC account or by placing a notice on our site. Updating Personal Information If your personal information changes EMC may provide a way to correct or update the personal data provided to EMC EMC members may update their account information in the Site Manager area of their individual eCommerce website or by contacting Tech Support. Other Terms Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with or in relation to your personal information or this Privacy Policy will be resolved by binding arbitration pursuant to EMC’s Terms of Use.e...
eMerchantClub (EMC) provides use of, and access to, its Internet websites and other services subject to the following terms of use. Please read the following to learn more about our terms of use. What These Terms of Use Cover EMC’s terms of use cover your access to and use of this website, www.emerchantclub.com, and all other websites and pages owned or operated by EMC. In addition, EMC members are subject to the EMC Standard Membership Rules, which are incorporated herein by reference. These terms of use do not apply to websites that EMC does not own or operate. EMC works with drop-shipping companies that may have their own terms of use. Acceptance of Terms You may access EMC websites only subject to these terms of use. By using any EMC pages, in any way accessing this website, www.emerchantclub.com, or using other services of EMC, you are accepting these terms of use. EMC Privacy Policy All information that EMC obtains from or about you is subject to our Privacy Policy. By providing EMC with information, or using any EMC website or services, you consent to the collection and use of this information as set forth in the Privacy Policy. Password and Security You may receive a password and account designation upon joining EMC. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EMC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EMC cannot and will not be liable for any loss or damage arising from your failure to comply with these terms of use. Prohibited Activities By using any EMC website or accessing any information contained on any EMC website or system, you agree not engage or assist in any of the following conduct: Using spiders, robots or otherwise harvesting other’s E-mail addresses or telephone numbers from any EMC site or server for purposes of sending unsolicited or unauthorized material. Manipulating identifiers, such as E-mail headers, to disguise the origin of any content transmitted to or through EMC computer systems. Relaying E-mail from a third party’s mail servers without the permission of that third party. Using or causing to be used EMC computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, E-mail, transmit, or otherwise make available. Uploading, posting, E-mailing, or transmitting the same message, URL, or post multiple times. Disrupting the normal flow of dialogue, or causing the screen to scroll faster than users of the service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to use any service. Harm minors in any way. Impersonate any person or entity, including, but not limited to, EMC or any EMC representative, or falsely state, imply or otherwise misrepresent your affiliation with EMC or any person or entity. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content. Upload, post, E-mail, transmit or otherwise make available any content or material that: – is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. – you do not have a right to make available under any law or under a contractual or fiduciary relationship with EMC or any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) – infringes any patent, trademark, trade secret, copyright or other proprietary rights of EMC or any third party – is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation – contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks. Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. Collect or store personal data about other users or EMC members. Attempt to override or circumvent any of the usage rules embedded into EMC websites. Infringe on any EMC trade names, trademarks or service marks. Use the names EMC or eMerchantClub, the EMC logo or any other trademarks or trade names of EMC or its affiliates, or any confusingly similar names, in the conduct of any business. Use the name or likeness of any EMC spokesperson, employee or other member. Infringe on any EMC copyright, copy or link to www.emerchantclub.com, or any other website of EMC or its affiliates, copy or use any text, graphics or online content of EMC or its affiliates. Contact or solicit other EMC members. Engage in any unlawful, unfair or deceptive business practice. Nothing in these terms of use is intended to grant any right to transmit E-mail to or through EMC computer systems. EMC does not waive any rights by the failure to enforce this policy in every instance in which it might apply. Notice: Sending unsolicited E-mail advertisements to or through EMC computer systems will use or cause to be used EMC servers located in Los Angeles County, California. Any unauthorized use of EMC computer systems is a violation of these terms of use, the EMC Standard Membership Rules, and federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Any violations may subject the sender and his or her agents to civil and criminal penalties. Charges For purchases made by you from eMerchantClub, your credit card will be billed as “eMerchantClub” on your statement. Registration Obligations In consideration of your use of the website, you represent that you are of legal age to form a binding contract, are over 18 years of age, and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. Content Any unauthorized reproduction, publication, further distribution or public exhibition of the content and materials provided on any EMC website, in whole or in part, is strictly prohibited. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by EMC or submitted to EMC, including without limitation information in EMC forums or message boards, and in all other parts of any website. Under no circumstances will EMC be liable in any way for any content on any of its websites, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, E-mailed, transmitted or otherwise made available by EMC. With respect to any content or information you submit to EMC in any way or make available for inclusion on any EMC website, you grant EMC the following perpetual, world-wide, royalty free rights and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content. Please remember that EMC websites are designed to appeal to a broad audience. Accordingly, it is the responsibility of the parent or legal guardian to determine whether access to any EMC services or content is appropriate for a minor. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Modification and Cancellation EMC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the use or content of any EMC website, any EMC service, or any part thereof, with or without notice. EMC shall not be liable to you or to any third party for any modification, suspension, cancellation or discontinuance. Dealings with Others Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through EMC or its websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. EMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such persons. Copyright and Legal Claims EMC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, your intellectual property rights, or any applicable laws, rules or regulations have been otherwise violated, please provide EMC with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest a description of the work, property or requirement that you claim has been infringed a description of where the material that you claim is infringing is located on the site your address, telephone number, and E-mail address a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law a statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or are authorized to act. Warranty Exclusions ALL EMC WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMC IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF ANY EMC WEBSITE, ANY SERVICES WE PROVIDE OR THE ADVERTISING OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY EMC OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY EMC OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY. Damage Limitations EMC’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OR ACCESS TO ANY EMC WEBSITE SHALL NOT EXCEED THE HIGHER OF US $1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO EMC WITHIN THE PRIOR YEAR. EMC AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE. Indemnity You agree to indemnify and hold EMC, and its subsidiaries, affiliates, agents, employees and business partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any EMC service, your use of any EMC website or content, your violation of these terms of service, EMC’s privacy policy or Standard Membership Rules, or your violation of any rights of another. Other Terms Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with or in relation to your use of any EMC website or these terms of use, or involving you and EMC, including the issue of arbitrability, will be resolved by binding arbitration before a retired judge at JAMS in Santa Monica, California in accordance with its rules. If you are not a resident of the United States, the UNCITRAL Arbitration Rules shall apply and JAMS will be the appointing authority. The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses. Judgment on any interim or final award may be entered in any court of competent jurisdiction. You may opt out of this arbitration clause of this agreement by notifying EMC in writing within thirty days of your first becoming a member. These terms of service and the relationship between you and EMC shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to exclusive personal jurisdiction and venue in Los Angeles County, California, and agree that it shall be the sole forum and venue for any and all disputes involving EMC. The failure of EMC to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If one or more provisions of these terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. These terms of service may be revised or amended by EMC at any time in its sole discretion, by posting the revised terms at www.emerchantclub.com, and the amended terms will become effective upon posting. No one may modify or waive any of these terms, except in writing signed by the President of EMC. These terms of service constitute the entire agreement between you and EMC and govern your access to and use of any EMC websites. You also may be subject to additional terms and conditions that may apply when you use or purchase products or services from EMC, its affiliates or third-parties. Text Messaging (SMS) eMerchantClub LLC, offers consumers and its members the option of receiving certain information by Short Message Service (“SMS”) or texting services (“text(s)”). eMerchantClub offers consumers and members the option of opting into marketing & updates by text. Please see the information below to learn more about receiving and opting out of text messages. eMerchantClub is looking forward to texting with you soon! To stop receiving text messages text STOP or email quit@emerchantclub.com for text messaging assistance. eMerchantClub LLC does not charge a fee to send texts. However, message and data rates apply from your carrier (e.g., AT&T, Verizon, Sprint, etc.). The number of texts you receive will depend on the number of texts sent for the program and is highlighted upon opting in to SMS messaging. Text is available to subscribers of carriers that can receive text message, such as T-Mobile, AT&T, Sprint, Boost, Nextel, Verizon, etc. You must be 18 years of age or older and enrolled in SMS text service. You also agree to eMerchantClub LLC Text terms of service.