Kinds of Information. Owner collects certain information in various ways from The Site and from communications you may have with Owner and uses that information in various ways. If you subscribe to our newsletter or if you participate in our Get Started Package or if you participate in our discussion groups, blogs or other forms of interactivity, among the information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, information about your Internet connection or other information including but not limited to any metadata including personally identifiable and other information. Whether or not you subscribe to our newsletter or participate in our Get Started Package or participate in discussion groups, blogs or other forms of interactivity, Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of “cookie” or other technologies, whether from advertisements on The Site or otherwise, and all other such information. All of the foregoing shall be referred to herein as “The Information.” Owner shall be entitled to use all The Information for purposes of operating The Web Site but Owner shall not intentionally sell, lease or otherwise provide to others The Information except that any credit card information shall be provided to credit card processors for the limited purposes of collecting payments, communicating with credit card companies, Pay Pal or similar services but Owner will not be liable for any inadvertent use or disclosure by Owner or use by any other parties of The Information. You agree that Owner may use and provide to other parties The Information as indicated herein. If you do not agree with the provisions of this paragraph, you should not provide any information to Owner.
Your Rights to Opt Out and Change or Delete Your Information: If you do not wish to receive e-mail or other correspondence related to Owner’s or other parties’ marketing, promotions, products or services, you should indicate your said preference when you sign up for The Site. You may change the information you provide by accessing your account or by sending Owner email at the address indicated below.
General Provisions. Please keep in mind that whenever you voluntarily disclose personal information online including but not limited to on The Site (for example on message boards, through email, or in chat areas), that information is publicly available and is not private and can be collected and used by Owner and by other parties and may result in unsolicited messages or other communications with you. Owner does not guarantee the security of any information you post or otherwise communicate to Owner.
Miscellaneous. The Site is provided by Owner, who is located at PO Box 442, Fulton, California 94539, email support(at)eftuniverse(dot)com (replace (at) with @ and (dot) with .) and the name of Owner’s agent is Dawson Church located at PO Box 442, Fulton, California 94539. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement may be executed in electronic form via fax or email or otherwise and you acknowledge that your electronic signature is valid. Fax and email and other digital signatures shall be valid as originals. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Sonoma County, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court and you expressly waive the right to a jury trial. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
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