LOVE CITY CAR FERRIES, INC.

PRIVACY POLICY

 

This Privacy Policy describes the terms of our commitment to your privacy.

 

 

PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

 

In the event that a person excluded from this website because of the Terms of Use or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.

 

PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE

 

This website is not lawfully accessible to persons under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA).  If you are under the age of 18 you must leave this site immediately.  Fraudulent use of this website may make you subject to civil or criminal sanctions.

 

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

 

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the website.  If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.

 

ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED

 

This website routinely collects information about its visitors, subscribers, members, and customers.  This information is obtained in various ways, such as:

 

VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'

 

Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website.  This can include pages or 'pop ups' where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate program or other membership organization, paid or unpaid; it may be from ordering a product or service.

 

Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing.  This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.

 

VISITOR EMAIL INQUIRIES

 

Website visitors who wish to communicate with the website do so under two conditions:  one, they give their permission for contact by the website; two, they are subject to any ‘submission’ provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy.  While your email address may or may not be used to solicit you, it is added to the website's general solicitation database.

 

CUSTOMER EMAIL OR TESTIMONIALS

 

If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site, you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.

 

Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.

 

INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS

 

Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them.  This site is not responsible for the use of information collected in such a fashion.  Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

 

INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS

 

If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend.  You must assume that referred emails or web pages may appear to come from your email.  You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.

 

INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS

 

Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will not be shared with joint venture partners, affiliates, marketing organization.

 

INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'

 

Many websites, including this one, collect information about your computer, your email address, your IP address.  You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected.  This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

 

"Cookies" is web jargon for bits of computer code placed on your hard drive.  Websites use this to keep you 'logged in', to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site.  Cookies can also be used to obtain information about your computer configuration or your use of your computer.

 

Cookies can be used to electronically gather information about you.  Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use 'cookies' and to use the information gathered from their use to benefit you.  You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.

 

HOW INFORMATION MAY BE USED

 

The use of information as described below declares how information is customarily used by this site.  Actual use of any information collected may be used quite conservatively and thus, is not shared with other persons or entities for commercial purposes.  The type of information we collect include your name, address, phone number, email address and buying habits, as well as other information.  This information is used for general commercial solicitation by this website and is not shared with third parties.

 

INFORMATION THAT IS NOT SHARED

 

Credit card information or other financial information is not usually known to the website.  However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies.  However, the provider of such information gives express permission to use it in fraud investigation or for litigation.

 

SPAM 

 

By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us.  However, all email communication with you shall contain an 'unsubscribe' link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.

 

DATA SECURITY

 

This website takes measures to protect its data that contains information related to you.  However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information.  You must assume that it is possible for your personal data to be obtained by others, such as "hackers," and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

 

QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

 

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

 

This Privacy Policy is dynamic.  It will continually change.  You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes.  Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this site promise notification.  Your continued use of this site always evidences your acceptance of the terms this Privacy Policy or any modifications.

 

LATEST UPDATE

 

This Privacy Policy was last updated on:  November 19, 2007.

 

COPYRIGHT

 

This Privacy Policy is used under license and Love City Car Ferries, Inc. is licensed to use this copyright.

 

 

DISPUTES

 

As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

 

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association.  Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605.  Hearing will take place in the city, county, or territory of the Seller.

 

In no case shall the Visitor have the right to go to court or have a jury trial.  Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

 

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.

 

 

JURISDICTION AND VENUE

 

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the territory and city declared in the contact information of the web owner unless otherwise here specified.  The seller’s address is The Marketplace Office Suite I Room 306E, St. John, VI  00831 with the mailing address as P. O. Box 12209, St. Thomas, VI  00801.  In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.

 

APPLICABLE LAW

 

Visitor agrees that the applicable law to be applied shall, in all cases, be that of the United States Virgin Islands.