Privacy Policy
Terms of Use Agreement
Privacy PolicyEffective Date: __________ 2008The following Privacy Policy governs the online information collection practices of www.talktools.net and www.innovativetherapists.com.Specifically, it outlines the types of information that we gather about you while you are using the talktools.net and innovativetherapists.com website (“Site”), and the ways in which we use this information. This Privacy Policy does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy and our Terms of Service. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified. Talktools.net Privacy PolicyInnovative Therapists International, Inc., and its parent, subsidiaries and affiliates (collectively, “TalkTools”), believes in protecting the privacy of its customers. The purpose of this privacy policy is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information.By visiting the Site, you are consenting to the practices described in the current version of this privacy policy. If you have visited the Site previously, please review the privacy policy again to be sure you are familiar with its present terms. If you have any questions or concerns about the privacy or security of your information, you may contact us. Non-Personal Information that We CollectWe automatically collect non-personally identifiable information from you when you visit our Site. This information includes your IP (Internet Protocol) address, which is the number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer our Site.
We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive so that it can remember something about you while you are using the Site or when you return to the Site. Cookies make it easier for you to use our Site. We use a cookie in order to retain the contents in your shopping cart while you are checking out other areas on our Site. When you are done, the products in your cart are still there for you to buy. We also use cookies to gather certain aggregate usage information about the numbers and frequency of visitors to our Site and individual pages of our Site. This data helps us improve the appearance and usability of the Site. These cookies do not collect personally identifiable information nor do we combine information collected through these cookies with other personally identifiable information about you.TalkTools may also use cookies, as well as files called “Web beacons” or “clear gifs” to determine on an anonymous basis which advertisements and promotions our Site users have seen and how users responded to them. However, we do not use these technologies to collect personally identifiable information. Personal Information that We CollectWe may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order, or when we otherwise communicate with you. For example, through order forms on our Site and in our catalog, and through signups for our mailing list, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address). Information from Other SourcesInformation that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily. Information from Other SourcesInformation that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily. Uses of your InformationFinancial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below. Disclosures of Your InformationWe do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of TalkTools, our customers, our employees or others.Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Innovative Therapists International, Inc. or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information. How to Remove your Name from Our Mailing, Sharing or Email List/RemoveOur emails generated by campaign provide you with an opportunity to “unsubscribe” from the campaign.If you wish to have further information removed from our system or database, please call (520) 795-8544 and ask to speak with a customer service manager. Your California Privacy RightsCalifornia Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: Customer Service – 3420 N. Dodge Blvd., Suite 148 Tucson, AZ 85716 Protection of Personal InformationWe want you to feel confident about using the Site or making purchases from TalkTools, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us. Children’s PrivacyThe Site does not sell merchandise for purchase by children. If you are under 18, you may use our website only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information. External LinksIf any part of the Site links you to other Web sites, those Web sites do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information. Changes to this Privacy PolicyTalkTools may update this privacy policy in the future. We will notify you about material changes to this privacy policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Web site. How to contact UsIf you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways 1.You may send an email to customerservice@talktools.net 2.You may send mail to the following postal address: 3420 N. Dodge Blvd., Suite 148 Tucson, AZ 85716 3.You may call the following telephone number: (520) 795-8544 Terms of Use AgreementEffective Date: 2008This Web Site, talktools.net and innovativetherapists.com (“Site”) is hosted by Innovative Therapists International, Inc. and its parent, subsidiaries and affiliates (collectively, “TalkTools”).By using this Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this Site you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site. In addition, when you use any current or future version of this Site or any other Talk Tools Web Site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement. PrivacyPlease review our privacy policy, which also governs your visit to the Site, to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and made a part of this Agreement. OrdersTalkTools does sell products for children, but it does not sell products to children. TalkTools only sells products to adults, ages 18 years and older, who can purchase them with a credit card. TalkTools reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if TalkTools believes that user conduct violates applicable law or is harmful to the interests of TalkTools or its affiliates. TrademarksTalkTools® is a registered trademark of Innovative Therapists International, Inc. in the United States and other countries.ITI™ and other marks indicated on our Site are trademarks or registered trademarks of Innovative Therapists International, Inc. in the United States and other countries. All rights reserved. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Talk Tools or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TalkTools or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of TalkTools or any third party. CopyrightAll copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by TalkTools or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of TalkTools or any third party.The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of TalkTools or its lawful successors and assigns. For usage permission, contact us at. Notice of Copyright InfringementTalkTools respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide TalkTools’ Copyright Agent with the following information: - Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Your name, address, and daytime telephone number, and an email address if available, so that TalkTools may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
TalkTools’ Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: Scott Atteberry 3420 N. Dodge Blvd., Suite 148 Tucson, AZ 85716 Third Party and Co-Branded Web SitesThis Site may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than TalkTools (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from TalkTools to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. TALK TOOLS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION. Your ResponsibilitiesYou agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Talk Tools. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with TalkTools or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as: - Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;
- Sending unsolicited email, including promotions and/or advertising of products or services, and
- Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of LossAll products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, TalkTools. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when TalkTools delivers these items to the carrier. Product InformationTalkTools attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Most Talk Tools products displayed on the Site are available in select foreign markets while supplies last. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITYTHIS SITEIS PROVIDED BY TALK TOOLS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALK TOOLS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALK TOOLS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT WILL TALK TOOLS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO TALK TOOLS THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Applicable Law and DisputesThis Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Arizona, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Arizona. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating in any way to your visit to Talk Tools or to products you purchase through TalkTools shall be submitted to confidential arbitration in _________County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate TalkTools’ intellectual property rights, TalkTools may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, United States of America, and you consent to exclusive jurisdiction and venue in such courts. IndemnificationYou agree to defend, indemnify, and hold harmless TalkTools and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by TalkTools arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another. Miscellaneous Legal ProvisionsWe may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TalkTools as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of TalkTools’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by TalkTools with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of TalkTools to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between TalkTools and you regarding our Site and its contents. All rights not expressly granted herein are hereby reserved.  |
Innovative Therapists Int, Inc.
