PRIVACY POLICY
MikeFerry.com Privacy Policy Statement
UPDATED: July 1, 2014
CONTACT INFORMATION
The Mike Ferry Organization
7220 South Cimarron Road, 3rd Floor
Las Vegas, NV 89113
E-MAIL: crdmailbox@mikeferry.com
PHONE
To find out more information about The Mike Ferry Organization’s events, retreats or products, call (702) 982-6260 or (800) 448-0647
FAX: (702) 982-6265
OFFICE HOURS
Monday–Friday | 8:00am–5:00pm (PST)
INTRODUCTION
The Mike Ferry Organization recognizes that your privacy and the protection of your personal information are important to you. This statement applies to the www.mikeferry.com Web site and is intended to disclose how The Mike Ferry Organization uses and attempts to protect your personal information gathered through your use of this Web site.
On this Web site, The Mike Ferry Organization collects both “personally identifiable information” and “non-personally identifiable information.” By using The Mike Ferry Organization web site, you consent to the data practices described in this statement.
MANAGING YOUR PERSONAL INFORMATION
You can always review, add, update, or make changes to the information in your Mike Ferry Organization profile. The information contained in your website profile can be changed at anytime by logging into the “My Account” section of the website using your assigned username and password. Once logged in, you can click the “Edit” tab on your homepage and make any changes that you desire. When you have finished, click the “Save” button at the bottom of the page and the changes are stored.”
COOKIES
A cookie is a piece of data that identifies you as a unique user. We use cookies to store visitors’ preferences and record session information, such as items that consumers add to their shopping cart.
INFORMATION COLLECTION AND USE
Non-personally identifiable information is anonymous information that cannot be associated with a specific individual. For each visitor to our Web page, our Web server may collect non-personally identifiable information by automatically recognizing your domain name (where possible) or the Internet Protocol address of the computer being used, your browser type and language, access times, or choices of links. We also collect information on what consumers access or visit. The non-personally identifiable information we collect is used in the aggregate to improve the content of our Web site, and may be shared in summary form with our service providers or other third parties in order to improve our Web site. This non-personally identifiable information is not shared with other organizations outside the Mike Ferry Organization for their own commercial purposes.
The Mike Ferry Organization also collects your personally identifiable information when you submit it to us voluntarily, such as in survey responses or site registrations. The Mike Ferry Organization allows Customers or potential Customers to enroll for events sponsored by The Mike Ferry Organization. In addition, The Mike Ferry Organization allows existing Customers to create a sign-in name and password for use in accessing those portions of The Mike Ferry Organization web site that are relevant to the goods or services purchased by the Customer. Those Customers who have purchased Premier Coaching™ may access the Members Only area of the Web site, which includes scripts and reports and the Numbers Analyzer. The Mike Ferry Organization collects and processes this personal information to enable us to authenticate Customer Accounts, to allow Customers or prospective Customers to enroll in events, to allow existing Customers to access the appropriate areas of the Web site and to facilitate the purchase of products.
When you register with The Mike Ferry Organization Web site you will be asked to provide certain personal information that will be stored in a profile maintained for you. The information requested will depend upon your reason for accessing the Web site. New or existing Customers who enroll for events, as well as new or existing Customers who purchase products, will be asked to provide personally identifiable information including their name, address, phone number, e-mail address, telephone number(s), company, referral source, if any, as well as current credit or debit card information. Existing Customers who access the My Account area of the Web site will be asked to provide their names, as well as a user name and a password.
Your name, address, phone number, company name, and e-mail address will be stored on a directory of The Mike Ferry Organization Customers, which is generally available to authorized employees and agents of The Mike Ferry Organization.
Your other personal information, including your user name, password, goal setting, and financial information are maintained on The Mike Ferry Organization’s secure internal servers. This information can only be accessed by The Mike Ferry Organization’s IT personnel, Sales, and Customer Service.
The Mike Ferry Organization will not sell, rent, or disclose your personally identifiable information to third parties for their own commercial purposes. We may share your personally identifiable information with contractors, service providers, agents, or other third parties that work with us to provide services to you and our other Customers.
We may disclose your personally identifiable information in response to a court order or a request from a law enforcement or other government agency, to establish or exercise our legal rights, or as otherwise required by law. We may also disclose your personally identifiable information when we believe disclosure is necessary to investigate or prevent illegal activity or other wrongdoing; to protect our company, employees, other Web site users, or others; or to enforce our Web site terms and conditions or other policies.
In the event that all or substantially all of The Mike Ferry Organization’s stock and/or assets are transferred or sold to another entity, we may transfer your personally identifiable information to the acquiring entity.
EMAIL OPT-OUT
If at any time you would like to opt-out of e-mail communications from The Mike Ferry Organization, please send a request to unsubscribes@mikeferry.com. Please be sure to include any/all e-mail addresses that you wish to have removed from our database(s). You must use this method to notify The Mike Ferry Organization of your opt-out request, as we cannot guarantee that other methods of notification will be effective. Please be aware that we may contact you in the future via e-mail for administrative or informational purposes, including follow-up messages regarding events you have registered for, products you have purchased or other transactions you have entered into with The Mike Ferry Organization. By law, such messages are not considered to be commercial e-mail.
LINKS TO OTHER SITES
Our site may contain links to other sites whose information practices may be different than ours. We do not have control over the information that is submitted to, or collected by, these third parties. You should consult the privacy policy of these other sites to learn how your privacy is protected.
SECURITY
We have appropriate security measures in place to protect against the loss, misuse, or alteration of information that we have collected from you through our Web site. However, no Web site or data system can be completely secure, and therefore we cannot guarantee that your information will always remain secure.
CONTACTING US
If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to the address at the top of this page.
If you supply us with your postal address online, you may receive periodic mailings from us with information on new products and services and upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the above telephone number. Please provide us with your exact name and address.
If you supply us with your telephone numbers online, you may receive calls from us with information regarding new products and services and upcoming events. If you do not wish to receive such telephone calls, please let us know by calling us at the above telephone number. Please provide us with your name and phone number.
YOUR CONSENT AND CHANGES TO THE PRIVACY POLICY
By using our web site, you consent to the collection and use of your information as we have outlined in this policy. From time to time, we may use Customer information for new, unanticipated uses not previously disclosed by our privacy notice. If our information practices change materially at some time in the future, we will post the policy changes to our web site. If you are concerned about how your information is used, you should check our web site periodically.
If you feel that this site is not following its stated information policy, you may contact us at the above address or phone number.
TERMS AND CONDITIONS OF USE
Welcome to The Mike Ferry Organization Web site. This Web site is provided to you subject to the following terms and conditions. By visiting the Web site, shopping at our online store or purchasing products or services, you are agreeing to all of these terms and conditions. Please read them carefully.
We reserve the right to change these terms at any time without notice to you. We will post all changes to this Web page. Your continued use of the site after such changes have been posted constitutes your agreement to the changes.
PRIVACY
Please review our Privacy Policy which governs your visit to The Mike Ferry Organization Web site to understand our privacy practices.
ELECTRONIC COMMUNICATIONS
When you visit The Mike Ferry Organization Web site or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you also consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
All content included on this site such as text, graphics, logos, icons, images, audio clips, digital downloads, or video clips are the property of The Mike Ferry Organization, its licensors, or other third party owners and are protected by United States and, if applicable, international copyright laws. The compilation of all content on this site is the exclusive property of The Mike Ferry Organization and is protected by United States and, if applicable, international copyright laws. Nothing in these Terms gives you a right to use any of the trade names, trade marks, service marks, logos, domain names, and other distinctive brand features appearing on this site in any manner or for any purpose, unless you have obtained the express written consent of The Mike Ferry Organization, its licensors, or other third party owner.
LICENSE AND SITE ACCESS
The Mike Ferry Organization grants you a personal, revocable, non-exclusive limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of The Mike Ferry Organization. This license does not include any resale or commercial use of this site or its contents; any collection and use of any products, product listings, descriptions or prices; any derivative use of this site or its content; any downloading or copying of information for the benefit of another person or business; or any use of data mining, robots or any similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without the express written consent of Mike Ferry Organization. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of this Web site without The Mike Ferry Organization’s express written consent. You may not use any metatags or other “hidden text” utilizing Mike Ferry Organization’s name or trademarks without the express written consent of The Mike Ferry Organization. You may not circumvent any encryption or other security tools used anywhere on the Web site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to any area of the Web site). You may not use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Web site, server or activities conducted therein.
Any unauthorized use terminates the permission or license granted by The Mike Ferry Organization. You may not use any Mike Ferry Organization logo or other proprietary graphic or trademark without express written permission.
MY ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 you may use The Mike Ferry Organization’s Web site only with the involvement and consent of a parent or guardian. The Mike Ferry Organization reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from The Mike Ferry Organization are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MIKE FERRY ORGANIZATION ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. THE MIKE FERRY ORGANIZATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. BY USING THIS WEB SITE, PLACING AN ORDER, OR PARTICIPATING IN ANY OF THE MIKE FERRY ORGANIZATION PROGRAMS, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE MIKE FERRY ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THIS WEB SITE OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, INCLUDING WITHOUT LIMITATION THAT THEY WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED IN CONNECTION WITH THEM. THE MIKE FERRY ORGANIZATION ALSO DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS OR E-MAIL SENT FROM THE MIKE FERRY ORGANIZATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
BY USING THIS WEB SITE, PLACING AN ORDER, OR PARTICIPATING IN ANY OF THE MIKE FERRY ORGANIZATION PROGRAMS, YOU EXPRESSLY AGREE THAT WE AND ANY OF OUR OWNER(S), PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR FROM ANY FAILURE, DELAY, PERFORMANCE, OR NON-PERFORMANCE BY US, THIS WEB SITE, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES, INJURIES, LOSSES OR CLAIMS CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OR, OR USE OF YOUR INFORMATION. NOTWITHSTANDING THIS DISCLAIMER, IF WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE OCCURRENCES DESCRIBED IN THIS PARAGRAPH, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US $100.00.
CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
APPLICABLE LAW
By visiting The Mike Ferry Organization you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and The Mike Ferry Organization.
DISPUTES
Any dispute arising from or relating in any way to your visit to The Mike Ferry Organization or our Web site or to products or services sold or distributed by The Mike Ferry Organization shall be adjudicated in any state or federal court of Clark County, State of Nevada and you consent to exclusive jurisdiction and venue in such courts.
ENTIRE AGREEMENT
These Terms make up the entire agreement between us and you relating to this Web site and the products or services offered herein and replace any prior understandings or agreements (whether oral or written) regarding the Web site the products or services. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
NO WAIVER OF RIGHTS
You agree that if The Mike Ferry Organization does not exercise or enforce any legal right or remedy which is contained in these Terms (or which The Mike Ferry Organization has the benefit of under any applicable law), this failure to act will not be taken to be a formal waiver of The Mike Ferry Organization’s rights and that those rights or remedies will still be available to The Mike Ferry Organization.
THIRD PARTY BENEFICIARIES
You acknowledge and agree that each member of any group of companies of which The Mike Ferry Organization is the parent, now or in the future, shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
TERM
These Terms apply as long as you access the Web site, use any functions or features of the Web site, or order anything from the Web site. We reserve the right to terminate this agreement without notice and/or refuse to sell to anyone who we believe, in our sole discretion, (i) has violated any of these Terms or other company policies; (ii) is abusing the products or the services we provide; or (iii) is unable to provide us with sufficient information to allow us to properly identify the Customer’s real name, address, or other contact information.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies and these conditions of use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.