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Terms of Use
Welcome to the TWO FEATHERS PRIVATE SECURITY Web site (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. TWO FEATHERS PRIVATE SECURITY may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Privacy
It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy"), which you may view BELOW, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.Miscellaneous
These Terms are governed by and shall be construed in accordance with the laws of the CA without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by TWO FEATHERS PRIVATE SECURITY.
THE LAW: REGARDING AUDIO SURVEILLANCE:
United States Codes, Title 18, section 2510 t2) states: ‘’Oral communication means any ‘’oral communication’’ uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.’ By definition of the code section, a person cannot have an expectation of privacy, nor can he or she expect that communication will not be intercepted, if there are public signs posted, indicating that the communication is being monitored. The First Amendment of the Constitution provides that any conversation between individuals is private, unless otherwise notified.
In simple terms, this means that ANY overhearing or recording of a conversation is illegal ... unless both parties are aware that it IS being done. In order to comply with the law, TWO FEATHERS PRIVATE SECURITY. notifies all customers that a disclaimer stating: ‘’AUDIO MONITORING ON THESE PREMISES. MUST be affixed, IN PLAIN VIEW, to all entrances where microphones are Installed. It is suggested that you notify your customer at the time that you install (or sell) the equipment that DISCLAIMERS MUST BE IN PLAIN VIEW AT ALL ENTRANCES AND EXITS
In that some state laws may vary, it is further suggested that you consult with your local attorney, and become fully aware of the local laws in this regard. TWO FEATHERS PRIVATE SECURITY. will not be held responsible for any illegal actions committed by illegitimate use of audio/video recording equipment.
OVERVIEW, VIDEO SURVEILLANCE AND RECORDING LEGAL ISSUES IN THE U.S.
In general, most video recordings are legal in the US. with or without consent. Laws do exist regarding “Invasion of Privacy” which deals with the area of expected privacy. These include areas such as bathrooms, locker rooms, changing/dressing rooms, adult bedrooms, and other areas where a person should expect a high level of personal privacy. While the majority of laws dealing with video recording privacy issues tend to allow surreptitious recording and monitoring of video activity under most circumstances without notification of any of the parties involved, It is highly recommended that you consult with your local or state law enforcement or an attorney who specializes in this area to comply with all local laws and regulations prior to utilization of video surveillance and monitoring. It is also advised that notice/disclaimer of Video Surveillance on These Premises,” be prominently displayed in public areas.
Some General Guidelines on video surveillance:
Covert video surveillance Is illegal when:
- The subject has a reasonable expectation of privacy (Fourth Amendment rights);
- The subject is engaged in sexual activity (even If one of the partners consents);
- If audio eavesdropping is also taking place (without consent of the parties and/or notice;
Covert video surveillance may be Illegal when:
- The person with authority over the premises has not consented;
- The reason for the video surveillance fosters an illegal purpose;
- If under the Sixth Amendment principles the subject has the right to counsel;
Covert video surveillance should be avoided when:
- A less intrusive, legal investigative method is equally available;
- Whenever you feel uncertain about the legality or ethics of the installation.
TWO FEATHERS PRIVATE SECURITY PRIVACY POLICY
REV. AUGUST 2007 – EFFECTIVE AUGUST 1, 2007
At TWO FEATHERS PRIVATE SECURITY (Company) your privacy is very important to us. Information collected about you is used to process orders and to provide a personalized experience while visiting the Company's Web Site (Site). Please read on for more details about our privacy policy.
Hit Logs:
The Company monitors and records all traffic on the Company's Sites to industry standard Hit Logs. These Hit Logs provide the company with Site usage statistics, traffic pattern data, and information to aid in the investigation of individuals that perform illegal, mischievous, or malicious activity on the Company's Sites. Hit Log data at a minimum may include date of visit, time of visit, host IP address, and browser type. The Company may exchange Hit Log data with other Company partners or third parties for Company development and outside research and marketing.
Cookies:
The Company does not use cookies. The Company believes that Cookies don't represent the anonymous and private nature concepts of the Internet. Cookies are small files that are stored by your browser on your computer that may contain personal information about you, your computer, or your experience on a particular web site. Most Web browsers accept cookies by default, but can normally be modified to prevent so.
Information that may be collected:
To interact with the Site, and purchase items from the Company, we may need to know your full name, mailing address, email address, phone number, credit card number, and credit card expiration date. This information is used for contests, promotions, processing inquiries, processing payments, and to process, fulfill, and deliver purchases and the communication of such items with you. It may be necessary to share your name, address, and telephone number with a shipping company and partner of our choice to process your order, and deliver requested items to you.
The Company may use information collected about you to notify you of changes to our web sites, services we offer, and other special offers we think you may be interested in. If you decide you do not want be contacted by the Company, please notify the Company as outlined on the “Contact Us” page of the Site. Your message must have "Privacy Please" noted in either the subject line or body area of the message. Once the message is received, we will cease to notify you until you inform us otherwise.
The Company may request your correspondence via email, telephone, postal mail, or via the Site. Correspondence with the Company and/or Site is voluntary and your participation and response does not prohibit or influence your use of our Site. Information obtained via correspondence with the Company and/or Site is used to help the Company to provide a better Site and experience for it's visitors. Some correspondence may be shared with third party partners of the Company for research and Company development ONLY!.
Information Protection
When exchanging personal information, or purchasing items from the Company, the Site utilizes the industry standard Secure Socket Layer (SSL) protocol. SSL provides two way encryption for information sent between the visitor and the web site. The Company also protects personal information we collect against unauthorized access physically or electronically.
Children and Minors:
Because children may not fully understand privacy issues, the Company recommends that children not be allowed to view or interact with the Company's Site without the permission or oversight of a parent or guardian 18 years of age or older.
Information Accuracy:
Information accuracy is important to the Company, and we work hard to ensure the information we collect from you is correct. Personal information such as your full name, address, and zip code may be verified with the data on file with your credit card company to ensure accuracy when conducting business with the Company. These steps help to ensure the data collected is accurate and to aid in fighting fraud.
Bank Card Protection:
According to Federal law (The Fair Credit Billing Act), your bank cannot hold you liable for more than $50.00 of fraudulent charges on your Bank Card. Many banks do not hold you liable for even this amount. In accordance with your Bank Card provider's stated rules, regulations, and terms, you should immediately notify them if there is any unauthorized use of your Bank Card. You should always review your Bank Card provider's rules and regulations before using their Credit Card.
In summary:
The Company is committed to protecting your privacy. The Company does not normally exchange personal information about it's visitors to others. We may choose to do so in the future with responsible third parties or partners for Company purposes. If you do not want be contacted by the Company or wish to ensure complete information privacy, please notify the Company as outlined on the “CONTACT US" page of the Site. Your message must have "Privacy Please" noted in either the subject line or body area of the message. Once the message is received, we will cease to notify you or share information until you inform us otherwise.
Your consent:
By using our Site, you consent to the collection and use of this information by the Company. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. You should visit this page prior to each use of this Site to determine the current privacy statement.
Contacting the Company:
The Company encourages you to communicate your questions, comments, or concerns. You can find out how to contact the Company on the “CONTACT US" page listed on the Site.
ADDED: 7/25/08:
TERMS OF USE AND LEGAL DISCLAIMER:
By purchasing a report of any kind from TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM you agree to the terms, conditions, and notices contained herein. All transactions will be in US DOLLARS. We reserve the right to change the terms, conditions, and notices under which this service is offered at any time and without notice. By ordering a report you warrant that you are at least 18 years of age and have the legal authority to enter into this agreement and use this service in accordance with all terms and conditions set forth. You also warrant that all information provided by you or members of your household in using this website is true and accurate. As a condition of accepting this agreement, you warrant that you will not use this information either intentionally or unintentionally to violate any applicable local, state, federal or international law or regulation. By purchasing TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM services, you agree that: you intend to use any and all information provided to you by TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM and its employees only for a use which will cause no emotional or physical harm to any person. The information you are purchasing is highly sensitive and highly regulated. The client will be provided with consumer, business public record and/or other data through TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM
TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM guarantees the client that it will use its best means and efforts to fulfill each client's request quickly and efficiently. TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM will have no obligation or liability to the client or any third party for any delay or failure of its network due to circumstances beyond its control, including, but not limited to computer malfunction, trunk or telephone line failure, weather related problems, supplier performance, or Acts of God. To the fullest extent permitted by law, the information is provided "as is", without warranty of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, implied warranties of merchantability. You acknowledge that any information or report which is covered by the FAIR CREDIT REPORTING ACT (public law 91-508, 15 USC section 1681, et seq. subsections 604-615) will be requested and used by the client in full compliance with the terms and intent of that act. The client understands that the purpose of the information purchased as covered by the Fair Credit Reporting Act must be identified, that the information received is for the client's use only, and that there are criminal penalties for willful violation of this act TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM, its affiliates, agents and employees are not liable to any party for any consequential, direct, indirect, or special damages for any reliance or use upon the information obtained from TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM including but not limited to, business interruption, lost profits, loss of programs or other data, even TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM is expressly advised of the possibility of such damages. In addition, eFindOutTheTruth.com, Inc., its affiliates, agents and employees are not liable to any party for any special, consequential, direct, or indirect damages for any correspondence between our customers and their search subjects or any reunions resulting from use of our information. Client shall indemnify, defend and hold harmless TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM from any and all claims, damages or liability whatever arising out of the services or data. All notices hereunder shall be given in writing to TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM by certified mail, return receipt requested, postage prepaid, the address of TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM at P.O. BOX 956 HOPLAND, CA 95449-0956 If any action shall be brought on account of any breach of or to enforce any of the terms or conditions of this agreement, TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM shall be entitled to receive from client a reasonable attorney's fee. The client shall pay reasonable attorneys fees and all costs incurred by WWW.TWOFEATHERSPS.COMWWW.TWOFEATHERSPS.COM. Client agrees that venue for any proceeding shall be in MENDOCINO, CALIFONRNIA. TWO FEATHERS PRIVATE SECURITY – WWW.TWOFEATHERSPS.COM guarantees the client that it will use best means and efforts to fulfill each client's request in the most efficient and expeditious manner. The client is responsible for entering all subject information correctly and completely as this is our only means to begin and complete the requested report. Once research has commenced no refunds will be given for data entry errors on the part of the client. Client agrees to be fully responsible for payment once research has commenced on behalf of the client irrespective of whether the client needs or wants the information any longer. Should client place research into dispute we will take action to retrieve our funds, including but not limited to placing the account in collections. Once research has been placed in dispute for fraud our confidentiality agreement is null and void. Should a fraud charge be made, we will notify the subject of the search, and inform the proper authorities. Client will execute this agreement upon payment for a search.
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