Updated October 1, 2017
this policy contains a binding individual arbitration provision and limits the types of damages for which the Company may be liable.
What type of information does the Company collect?
- Browsing Information. When you visit a Company website, your activity within the website may be captured for tracking and monitoring purposes. The Company may use small text files known as browser cookies to enhance your experience and to recognize and track your computer. The Company may also capture your internet protocol (IP) address.
- Login Information. If you create a login to a Company website or a Company product or service, the Company may collect your name, email address, company, username and password, and other information. If the Company uses a third party to provide a service, then the third party’s privacy practices may apply.
- Information Submitted or Posted. If you submit information to the Company or post information on a Company websites, the Company may collect information related to your submission or post.
- Personally Identifiable Information. Some of the information that the Company collects from you may indentify you personally. The Company may collect personally identifiable information in a variety of ways, including when you visit a Company website, fill out a form, contact the Company, interact with the Company via social media, purchase a Company product or service, or register for or sign in to a Company website or a Company product or service.
- Non-Personally Identifiable Information. Much of the information that the Company collects from you will not identify you personally. It is possible, however, that this information be combined with other information to identify you personally. This type of information may include your internet browser name, the type of computer you use to visit a Company website or access a Company product or service, what type of social media plug-ins you have installed, and other technical information.
How does the Company use the information it collects?
- Provide Products and Services. The Company may use certain information to provide you with products and services for which you are eligible. The Company may also use certain information to facilitate payment and other business functions.
- Gain Insight. The Company may use your information along with others’ information to determine how to improve the Company’s websites or the Company’s products and services.
- The Company may use your information market its products and services to you.
- Sharing with Third Parties. The Company may share certain information with its business partners and third parties who provide services to or have strategic alliances with the Company. The Company may also share information as required by law or as necessary to protect itself. The Company will not sell information it collects from you to a third party.
- The Company may transfer or assign information in connection with the sale, transfer, or other disposition by The Company of all or substantially all of its assets or a controlling interest in The Company.
Does The Company collect information from children?
- The Company’s websites are intended for adults and are not intended for children under the age of 13. The Company does not knowingly collect information from children under the age of 13. The Company’s websites are created for general user access only.
How does The Company protect the information collected?
- The Company takes precautions to protect the information it collects. These precautions are reasonable in relation to the nature of the information.
Can I opt-out of having the Company collect information related to me?
- If you do not access a Company website or use a Company product or service, the Company will not collect information related to you. However, the Company may purchase data from third parties that contains information related to you.
- If you access a Company website or use a Company product or service, you cannot opt-out of having the Company collect information related to you.
- The Company may use third party analytics providers to provide statistics and analytical information about the use of the Company’s websites. Those third party analytics providers may have “do not track” practices that are different from the Company’s practice.
Can I update my information?
- If you created an account for a Company website or a Company product or service, you may update your account information by logging on and following the links to update your account information.
How do I opt-out of receiving emails from the Company?
- If the Company sends you a marketing email, you may opt-out of receiving such emails by following the instructions in the email.
- The Company may send you certain emails if you have an existing business relationship with the Company.
How can I contact if I have a question or concern about my privacy?
Additional Terms and Conditions
- Except where prohibited, by visiting and using Viralherd.com, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of these Terms and Conditions shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Greenville, South Carolina, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Claims shall be heard by a single arbitrator. The place of arbitration shall be Greenville, South Carolina. The arbitration shall be governed by the laws of the State of South Carolina without giving effect to any choice of law or conflict of law rules of the State of South Carolina or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.