Terms and Conditions

Privacy Policy, Disclaimers, Legal Information and More

Privacy is our Policy

Welcome to PluckyWize’s website.  We are committed to providing you with the best possible online experience, as well as excellence in services.  We thank you for reviewing our privacy policy and terms and conditions, and know that you will check back for any updates, on your future visits.  We look forward to helping you.

We respect your privacy, and intend our site to be a safe place for everyone who visits and corresponds with us.  Privacy is the confidentiality and protection you expect when sharing important information.  The information you provide is required to fulfill your request for a product, service or additional information, or to enter and participate in one of our forums.  We are committed to keeping your information confidential.  No action is required on your part for this benefit.  You should recognize, however, that there is no such thing as perfect security on the Internet.

Please do note that PluckyWize.com could merge with or be acquired by another business entity at any time. Should such a combination occur, you should expect that PluckyWize.com would share some or all of your information in order to continue to provide its services.

The term “PluckyWize.com” or “PluckyWize” shall mean Dr. Robin O’Heeron and the business entity PluckyWize, PluckyWize.com and/or their affiliates, agents or licensors. PluckyWize reserves the right, at its and their sole discretion, to change, modify, update, add, or remove portions of the Agreement at any time without notice. Please check the terms of the Agreement for any changes or updates. Your continued use of this website following the posting of changes to the Agreement will indicate that you accept those changes. If you do not agree to any amendment, you must stop using the Site immediately.

You agree to accept full liability and financial responsibility for any and all actions taken as a result of any breach of any part of this agreement, directly or indirectly.

Information We Collect
The types of personally identifiable information that may be collected include: name, address, e-mail address, telephone number, and information about your interests in and use of various products, programs, and services. When you register as a user, you are asked to enter your name and email address plus additional information.  As such, we are collecting all the information that you yourself input.  We may also collect information when we ask you marketing questions, or when you ask to receive any of our newsletters or to participate in our forums.

While you are using our websites, we may also collect certain non-personally-identifiable information about you, such as the URL you just came from, the next URL you go to, what browser you are using (e.g. Safari, Internet Explorer), the domain name of your Internet Service Provider (e.g. Comcast.net), and your IP address. We also use “cookies,” which are pieces of information that websites transfer to your computer’s hard drive for record-keeping purposes and to track and customize advertising served to you.

How We Use Your Information
We may use the information you provide to fulfill your requests for products, programs, information and/or services, to respond to inquiries offerings, and to offer you third party products, programs or services that may be of interest to you.  We also use the information collected from you to better understand the demographics, interests and behavior of our collective audience or to deliver targeted advertisements and promotions. We do not share individual information about you with advertisers in the process, but rather as an aggregate to profile our collective audience. Our partners may also share the aggregate information we provide with third parties, or it may be shared with independent market research companies.
We may have to disclose information about you to law enforcement, other government officials or third parties in order to comply with applicable law or legal process (e.g. a court order or subpoena) or to protect the personal safety of our users or the public.

Sales /NO Returns
All sales are final. We’re not trying to be mean, we’re just a small company, so for now please make sure you really want what you order. If there is a problem with your order, please contact customer service at www.PluckyWize.com for details.

Copyright and Trademark Information
Copyright © 2012 Dr. Robin O’Heeron and PluckyWize & its licensors. All rights reserved. By using this website, you indicate your acceptance of the terms and conditions listed here and any additional terms, conditions and restrictions listed on PluckyWize.com.
You may not use any trademark or service mark appearing on the PluckyWize.com sites without the prior written consent of the owner of the mark.
You may not incorporate into another Web site or other service any intellectual property of PluckyWize.com. Requests for permission to use our content may be submitted by email.
Certain products may not be distributed directly or indirectly to countries, or citizens, nationals or residents of countries, under the control of Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban controlled areas of Afghanistan, nor any other country to which the United States has prohibited export. Contact www.PluckyWize.com for details.

Usage
All content is provided for informational purposes only and should not be viewed as medical advice. Please check with a licensed medical professional before utilizing any and all information, products or services provided on this site.

Unless otherwise specified, the materials, products and services on this website are for your personal and non-commercial use only and are not for commercial use or resale without the prior written permission of PluckyWize.com. All designs, products, materials and services may not be modified, displayed, copied, removed from the website in any manner, distributed, transmitted, reproduced, published, licensed, used to create derivative works, transferred, or sold without written permission from PluckyWize.com, and you understand that doing so may be deemed intellectual property infringement, for which there are civil and criminal penalties.
The materials on this website are intended to be for informational purposes only and are not intended to be an advertisement or solicitation to provide advice and do not create a formal consultative engagement between PluckyWize.com and our visitors. The giving of information shall not be deemed an offer or solicitation on our part with respect to the sale or purchase of any services, nor shall it be considered legal, investment, medical, financial planning, tax, or business advice.  You should not act or rely on any information on this website without seeking the advice of a competent financial planner, health professional, tax advisor or attorney.
Specifically, we furnish the information available on this website without responsibility for accuracy and you agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action against us. Although we believe the data provided by us on our website is reliable, its accuracy is neither warranted nor guaranteed.  The website also includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. We cannot and therefore do not guarantee or check the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.

Products
By ordering, you understand and agree that many of the items on www.PluckyWize.com may display some variation. Every effort is taken to make sure the products you receive are of the highest quality.
We endeavor to create a high quality product that our customers will be proud to use, but you specifically understand and agree that all products are sold AS IS. If you have any concerns, please order a small quantity to be sure you like the product because, as noted above, there are NO RETURNS.

Privacy Policy

We respect your privacy. Your information may be stored and processed but it will not be sold or used to any outside source without your permission. We endeavor to use secure servers and to keep your information safe and protected but you understand and agree that PluckyWize.com shall not be liable for any breach in security that might render your information accessible to outside parties. If you do not desire to agree to this policy, do not input any such information on the site.
When necessary, customer information will be shared with one or more third parties for the purpose of credit card authorizations, order fulfillment, and delivery.

Disclaimers
All products and services are designed to be informational, and anyone using these products or services should consult with competent professionals as part of adopting any of these suggestions. PluckyWize.com assumes no responsibility for your actions. Your actions are your responsibility.

As such, you agree to not hold PluckyWize.com or any of its employees or representatives liable for anything, ever.

 

Disclaimer of Warranties and Liabilities

We work hard to make our products and services interesting and enjoyable. Please read this Agreement carefully before purchasing or utilizing any of the materials on PluckyWize.com.

YOU AGREE THAT YOUR USE OF PluckyWize.COM, all products and services IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES SHALL PLUCKYWIZE.COM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF any OF ITS SITES, PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF IT OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PLUCKYWIZE.COM IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF PLUCKYWIZE.COM, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITES, PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO FOR ANY SUCH PRODUCTS AND/OR SERVICES.

Applicable Law
This Agreement shall be construed and interpreted pursuant to the laws of the State of California without consideration to its choice of law provisions, and any claims arising hereunder shall be prosecuted in Marin County, California. The parties consent to the jurisdiction of the courts of the State of California and hereby waive all objections to such jurisdiction and venue.

Dispute
Any claim, dispute or controversy arising out of, or relating to any section of this agreement or the making, performance or interpretation of the rights and obligations explicitly set forth in this agreement, shall be settled on an expedited basis by binding arbitration in California before a single arbitrator from the Judicial Arbitration Mediation Service (“JAMS”) mutually agreeable to the parties hereto, and, if no agreement is reached as to the arbitrator, before an arbitrator from JAMS selected in accordance with the rules of JAMS then in effect.  The arbitration shall be conducted in accordance with JAMS’ rules, and judgment upon any award rendered may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be binding on all of the parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived, unless otherwise provided by applicable law or in any paragraph of this agreement, except suit to enforce the arbitration award or in the event arbitration is not available for any reason or in the case PluckyWize.com is required to bring a collection action or an action to protect its intellectual property or the Site hereunder, when PluckyWize.com in its sole discretion can elect arbitration or a court action. The arbitrator shall be bound by the terms and conditions of this agreement and shall not extend, modify or suspend any of the provisions of this agreement. The parties to this agreement agree that no punitive damages may be assessed by the arbitrator against PluckyWize.com. In the event any party that is part of this agreement institutes a court action or arbitration proceeding to enforce or interpret any rights hereunder, the prevailing party, in addition to any other relief which may be awarded, shall be entitled to recover its reasonable attorney’s fees, costs and litigation expenses.

Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PluckyWize.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement, as such may be amended from time to time, sets forth the entire understanding and agreement between PluckyWize.com with respect to the subject matter hereof.

Modifying These Terms/No Representations

PluckyWize.com reserves the right to modify, alter or change the Terms Of Use of this website, including the Privacy Policy, at its sole discretion at any time — so please check often for updates.  We want you to be aware that when you click on any links that take you to third-party web sites, you will be subject to the third parties’ privacy policies and terms of use.  We cannot take any responsibility for any such websites, and are not giving you a referral to these third parties – the links or references are for your convenience only.  In this respect, we are acting like a library, providing you with reference materials for you to investigate yourself.  While we support the protection of privacy on the Internet, PluckyWize.com cannot be responsible for the actions of third parties.  We encourage you to read the posted privacy statements and terms of use when you visit any website.  PluckyWize.com fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our site, or third party content. We have not taken any steps to confirm the accuracy or reliability of any of the information. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
PluckyWize.com makes no representation that materials on this web site are appropriate or available for use in jurisdictions other than the State of California, and accessing them from jurisdictions where their contents are illegal is prohibited.  Those visitors who choose to access this website from other locations do so at their own risk and are responsible for compliance with local laws and regulations.

Keep Your Wits About You…

Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any forum or user-generated content area. Information obtained in a forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.  Please keep in mind that whenever you give out personal information online — for example, via message boards or chat — that information can be collected and used by people you don’t know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Please also exercise discretion while browsing the Internet. You should be aware that when you are on our website, you could be directed to other sites that are beyond our control. There are links to other sites from our website pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers may send cookies to users that we do not control.  We reserve the right to disable links from any third party sites at any time.

Limitations of Liability

PluckyWize.com assumes no responsibility regarding the accuracy of the information that is provided by PluckyWize.com and use of such information is at the recipient’s own risk. PluckyWize.com provides no assurances that any reported problems may be resolved with the use of any information that PluckyWize.com provides. By furnishing information, PluckyWize.com does not grant any licenses to any copyrights, source code or any other intellectual property rights.
Information may be changed or updated without notice. PluckyWize.com may also make improvements and/or changes in the services described in this information at any time without notice.
You are entirely responsible for maintaining the confidentiality of your information and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Subscribing to Forums

“Forum” means a chat area, message board, or e-mail function offered by PluckyWize.com.  By subscribing to or utilizing our forums, you agree to the following:
*           All authors are solely responsible for, and indemnify and hold harmless PluckyWize.com from, the content of their messages or postings.
*           If you post a message hereon, you grant PluckyWize.com and other forum participants the nonexclusive, perpetual right and license to display, copy, reproduce, modify, adapt, translate, creative derivative works from, publish, distribute, transmit, print and use such information or other material without remuneration of any kind, or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called moral rights in those materials have been waived.
*           PluckyWize.com accepts no responsibility for the opinions and information posted on its website or email lists or forums by any parties save the authorized postings of PluckyWize.com itself.
*           The email listserv program and/or forum posting lists messages to all current subscribers with no editorial review by PluckyWize.com; PluckyWize.com does not verify the accuracy of submitted messages nor does it endorse the opinions expressed by message authors.
*           In the event an inappropriate posting or person abusing the forums/email lists is brought to PluckyWize.com’s attention, PluckyWize.com will take the action that it deems appropriate in its sole discretion. PluckyWize.com reserves the right to terminate access at any time and/or to discontinue these services.  If you do not agree to these guidelines, do not click through to utilize or post to PluckyWize.com’s listings or forums.
You must not:
•           defame, abuse, harass or threaten others;
•           make any bigoted, hateful or racially offensive statements;
•           advocate illegal activity or discuss illegal activities with the intent to commit them;
•           post or distribute any material that infringes and/or violates any right of a third party or any law;
•           post or distribute any vulgar, obscene, discourteous or indecent language or images;
•           advertise or sell to, or solicit others;
•           use the forum for commercial purposes of any kind;
•           post or distribute any software or other materials which contain a virus or other harmful component; or
•           post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our websites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all of our websites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.

Trademarks, Copyrights and Links
PluckyWize.com is not necessarily affiliated with websites that are linked and is not responsible for their content, terms of use, or privacy policies. The linked websites are for your convenience only and you access them at your own risk.  PluckyWize.com takes no responsibility for any information contained in this website, including links that may take you to other web sites.

www.PluckyWize.com is copyrighted and the materials found therein, including but not limited to graphics, design, or other content, may only be used with the prior express written consent of PluckyWize.com.  Copying, printing, reproducing, republishing, distributing or otherwise using the materials on these web sites without such consent shall be willful infringement of U.S. or other countries’ copyright laws.

Copyright 2012 Dr. Robin O’Heeron.  All rights reserved.

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