NIAGARA CONSERVATION CORPORATION

PRIVACY POLICY & WEBSITE TERMS OF USE

Niagara Conservation Corporation is dedicated to providing our customers with outstanding customer service and uncompromising privacy protection.  For this reason, we believe you should understand the privacy policy (the "Policy") and terms of use that we have adopted to help us provide you with that level of service.  Our privacy policy describes the types of information we may gather about you, how we use that information, and the conditions under which we may disclose it to third-parties.  Our current Policy is effective as of August 2007.  Our terms of use establish your rights and obligations as a user of our website.

APPLICABILITY

This Policy applies only to the website of Niagara Conservation Corporation and does not state the policies of any companies, entities, or organizations to which we may link. You should carefully review the privacy policies of those websites in order to determine how they treat your personal information.

INFORMATION WE GATHER

We gather both personally identifying and personally non-identifying information about visitors to and users of our website, as specified below:

PERSONALLY IDENTIFYING INFORMATION

The personally identifying information we collect and retain includes such items of personal information as needed to enable us to contact our customers directly for the business purposes set forth in this Policy, to complete their on-line transactions, to meet their customer service needs, and to maintain accurate business records.  Such items of information may include our customers' first and last names, full street addresses, log-in data, telephone numbers, facsimile numbers, and/or email addresses as may be needed from time to time as we offer new and/or different products and services.  We collect that information from our customers when they place orders with us, register for services we may offer, inquire about our products and services, or participate in a customer service chat.  We may also gather our customers' billing and/or shipping addresses if they differ from the residence or business address previously supplied.  By providing us with their personally identifying information, our customers grant us their consent to use and retain that information for the uses specified in this Policy, including the provision of that information to such third party service providers and others who are necessary to support and process our customers' transactions on our website.  Such third party processors may include shippers and data management and processing entities.  Your personally identifying information will never be collected by us without your knowledge.  If you do not want your personally identifying information to be collected and retained by us in this manner and for the purposes described in this Policy, you should not use our website. 

            PERSONALLY NON-IDENTIFYING INFORMATION

The personally non-identifying information we collect is generic information we track with respect to customer visits to and uses of our website, including such information as the number of unique visitors, the frequency with which they visit, and the areas of the website that they favor.  We may also collect information about our customers' internet use. 
We collect some of this information by using "Cookies," which are small data files that are written to and stored on the hard drives of the computers of the visitors to and users of our website. Cookies do not read files on the hard drive of the computer on which they reside.  Most Internet browsers allow users to establish their own preferences with regard to the use of cookies on their computers, including the ability to erase cookies from their hard drive, block cookies, or have the browser prompt the user to either accept or refuse to store the cookie.  If you decline the cookie generated by this website, you may continue to use the website and place product orders.  The data and information we collect with cookies is only reviewed in an aggregated form, which is not personally identifiable.  However, it will make your return visit to our site easier by allowing our website to recognize your computer.

We may also collect some personally non-identifying information through formatted links on our website which help us keep track of whether those links have been followed to third party websites.  We can not identify specific users who click on links available on our website. 

A third way in which we collect personally non-identifying information is through the log files located on our web server, which record the date and time of each visit to our website, the visitor's IP (internet protocol) address, the referring IP address or domain (the prior website visited by that user), and the files viewed on our website (including HTML pages, graphics, etc.). We use log file information to analyze data in the aggregate to determine the usage of our site. We can not correlate the log data to identify specific users.

HOW WE USE THE INFORMATION WE COLLECT

We use our customers' personally identifying information to fulfill orders, bill for purchased products, allow access to certain restricted areas of our website, provide customer service, and maintain records of our sales.  We may also use it to contact our customers directly for reasons related to their transaction or our products and services.  We need to collect our customers' names and addresses so that we can ship their orders and maintain accurate business records with regard to those transactions.  We will retain that personally identifying information as necessary to maintain accurate sales and order records and for provision of customer service in relation to your order(s).  We may also use email addresses, facsimile numbers, and telephone numbers to contact our customers in relation to their orders or customer service needs.    
We use the personally non-identifying information we collect to help us understand your interests and concerns, and therefore to help us make decisions about the type of products and services we should offer.  We also use it to customize our customers' return visits to our website by storing their preferences, recording information on what web pages they access or visit, and recording their session information, including such things as the products those customers add to their shopping carts.  We can not use personally non-identifying information to identify or contact individual website users.

DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION

Niagara Conservation Corporation will not sell personally identifying information about any individual customers to third parties for any purpose.  We will only disclose personally identifying information to those third party service providers who have agreed to maintain its confidentiality and who need that information in order to provide a service to us in relation to the legitimate business purposes referred to herein.  For example, we may disclose names and addresses to a third party shipping company in order to deliver products to those customers. 
Notwithstanding any other provision of this Policy to the contrary, we may also disclose personally identifying information, with or without prior notice to you, when we believe that the law requires it, in response to legal process such as a search warrant, subpoena or court order, at the demand of governmental agencies, to protect our systems or business, to protect other visitors to the website, or to respond to an emergency.  If you engage in, or we reasonably suspect you of engaging in, any illegal activity we may also disclose your personally identifying information to an appropriate law enforcement agency. We may also make disclosures of your personally identifying information with your affirmative consent. 

CHANGES TO OUR PRIVACY POLICY

From time to time, we may collect different personally identifying information or use customer personally identifying information for new, unanticipated uses not previously disclosed in this Policy. If our information practices change at some time in the future we will post the policy changes to our website to notify you of these changes.  We will not use any personally identifying information collected before the effective date of our new Policy for any new purposes specified therein.  Only personally identifying information collected from the time of the policy change forward will be used and disclosed in the new manner.
Additionally, Niagara Conservation Corporation will occasionally update this Privacy Policy in response to changing business circumstances and legal developments.  You should periodically check this page of our website to stay informed about how we are protecting your personally identifying information.

WEBSITE TERMS OF USE

Access to the Niagara Conservation Corporation website is provided subject to its Privacy Policy and to the terms and conditions set forth hereinafter.  Please read these terms and conditions carefully as your use of this website constitutes acceptance of all of the following terms and conditions as well as of the Policy:

RULES FOR ONLINE CONDUCT

WEBSITE SECURITY   
      
Although we use commercially reasonable efforts to maintain the privacy of your collected and retained personally identifying information, due to the risk of unlawful interception of and access to that information, we cannot guarantee, and you should not expect, that your personally identifying information or any other electronically communicated information between us will be absolutely confidential.  For all e-commerce transactions, we use industry-standard commercial encryption technology to protect the data and information that you transmit to us via our website. We assure you that we will endeavor to update our protective devices as encryption and other data security technology develops further.

DISCLAIMER OF LIABILITY FOR WEBSITE PERFORMANCE

In no event shall Niagara Conservation Corporation be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of its website. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. This disclaimer of liability applies to any damages or loss, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether CAUSED BY SOFTWARE, HARDWARE OR OTHERWISE, AND WHETHER for breach of contract, tort, strict liability, negligence, or under any other cause of action.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM OR THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

DISCLAIMER FOR EXTERNAL LINKS

This website provides links to other websites that are maintained by third parties over which Niagara Conservation Corporation has no control. Niagara Conservation Corporation does not represent or warrant that any particular link will be on-line and functional at any given time. When a user leaves the Niagara Conservation Corporation website and visits another site, the user is subject to the privacy policy of that new site.  It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites. Niagara Conservation Corporation does not endorse the content, operators, products, or services of such sites, and it shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any such external content, products, or services available on or through such external sites.

WARRANTY DISCLAIMERS       

Although the Niagara Conservation Corporation shall use commercially reasonable efforts to post, display, and make available current and reliable information about its products and services on and through its website, it makes no warranty, express or implied, regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information.  All information is provided by Niagara Conservation Corporation on an "as is" basis.  All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are specifically and generally disclaimed.

THIRD PARTY PRODUCTS AND SERVICES

            Niagara Conservation Corporation may from time to time promote or offer services and/or products of a third party.  IN no event shall niagara conservation corporation be liable for any incidental, indirect, special, incidental, exemplary, punitive or consequential damages arising out of your purchase, inability to purchase, or use of such third party services or products.

LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will Niagara Conservation Corporation be liable to you for any incidental, indirect, SPECIAL, INCIDENTAL, EXEMPLARY, punitive OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR damages to BUSINESS REPUTATION), arising out of the use of or inability to use our website, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHER legal or equitable basis, EVEN IF Niagara Conservation Corporation or its agents or representatives have been ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU tHROUGH use of THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THese terms of use.

USE BY CHILDREN UNDER THE AGE OF 13

Niagara Conservation Corporation is committed to complying fully with the Children's Online Privacy Protection Act. Accordingly, if a user of this website is under the age of thirteen, that user is not authorized to provide us with personally identifying information.  Users under the age of thirteen and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by e-mail will be treated the same as information voluntarily given by an adult until Niagara Conservation Corporation becomes aware that the user is under the age of thirteen.  This website is not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifying information in connection with your use of this website.