Privacy Statement

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by this Privacy Policy.

PRIVACY POLICY Effective Date: January, 2010

1. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting amended terms on this website. Your continued use indicates your acceptance of the amended Privacy Policy. You should check this Privacy Policy periodically for modifications by referencing the Effective Date posted above.

2. Additional "Click-Wrapped" Agreements. This Privacy Policy provides the general policies of this site regarding the collection and use of private information and this site's use of email to contact you. We reserve the right to offer to you participation in such additional agreements in "click-wrapped" format (where you may indicate your agreement by clicking on a button or icon) that may provide specific exceptions to these general policies. If there is any inconsistency or conflict between this Privacy Policy and any such "click-wrapped" agreement, the "click-wrapped" agreement shall prevail.

3. Privacy Statement. Freshly Served operates this web site. All references to "we", "us", "this web site" or "this site" shall be construed to mean Freshly Served. Freshly Served regards the privacy and security of user information as a critical component of the service that we offer to our users. The following information explains our information gathering and dissemination practices.

4. Registration Data. We reserve the right to require you to register to receive certain benefits or services and to provide certain registration data including your name, gender, birth date, country, zip/postal code, time zone and email address ("Registration Data").

5. Use of Registration Data; Opt-Out And Discontinue For Emails. We reserve the right to use Registration Data to tailor our site to your particular needs. We also reserve the right to use Registration Data to send you emails specific to the site and required for the normal functioning of the site, plus additional emails, subject to your right to opt-out and discontinue such emails. We reserve the right to use demographic and profile information to tailor your experience at our site, showing you the content that we think you might be interested in as well as displaying the content according to your preferences.

6. Cookies. Cookies are pieces of information that a web site transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of a web site if you do so. We reserve the right to use cookies to collect demographic and profile data for purposes of delivering content specific to your interests. Advertisers that display ads on our site may also use cookies; however we do not have access to the information obtained from cookies issued from other sites.

7. IP Addresses. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as "traffic data" so that data (such as the web pages you request) can be sent to you. We will not use your IP address to attempt to identify your personal information.

8. Referers. A Referer is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as "traffic data". We reserve the right to use this information to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

9. System Information. System information that we collect as part of "traffic data" includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system. You will not be personally identified from this information.

10. Sharing of Information. We feel strongly that your personal data should only be seen by you, unless you choose to share it with others. We will never sell, rent, license or exchange personally identifiable data with a third party. No personally identifiable data or information will be shared with advertisers or partners. Notwithstanding the forgoing, we will only disclose personally identifiable data without your permission in the following limited circumstances: (i) if we are required to do so by law, or (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us, or to protect and defend this site's rights or property or the rights or property of an account holder of this site.

11. Other Web Sites, Links, And Advertisers. This web site contains links to other web sites. We reserve this right to have advertisers or other third parties on this site who may also have links on this web site and may link to this site. The privacy practices of advertisers or web sites linked to this site are not covered by this privacy statement, and we are not responsible for the privacy practices or the content of such web sites. Additionally, if you make a purchase from a store or merchant listed on or linked to this site, any information that you give, such as your credit card number and contact information, is provided to those merchants. These merchants have separate privacy and data collection practices, and we have no responsibility or liability for these independent policies. You should be careful to review any privacy policies posted on any of these sites before signing up with and using them.

12. Security. Information collected by this site is stored in secure operating environments that are not available to the public. We do not store any banking or credit card information on this site. Our employees are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

13. Update/Edit. Registered users may update or edit their account and personal information previously entered by following these instructions: log in, click on the link "Modify Profile"; then view and modify your personal data per the instructions provided on the linked page.

14. No Liability for Acts of Third Parties. Although we will use reasonable efforts to safeguard the confidentiality of your personally identifiable information (including credit card information), transmissions made by means of the Internet cannot be made absolutely secure. We will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties. In addition, we will release specific information about you to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of security or a physical threat to you or others.

Please note that if you give out personal identification information online -- that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

15. Transfer of Your Information. As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that all or substantially all of our business or assets are acquired, both personally identifiable and non-personally identifiable user and customer information will be one of the transferred assets.

16. A Note to Children and Parents: We intend that this site be used by adults only. Children: Before sending any information about yourself over the Internet to us or anyone else, be sure to ask your parents for permission. Parents: We recommend that parents take an active role in their children's use of the Internet. We encourage you to talk to your children about safe and responsible use of their personal information while using the Internet. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us at the e-mail address, phone or mailing address provided by this website if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our databases.

17. Contact Us. If you have submitted personally identifiable information through this site, or if someone else has submitted your personally identifiable information, and you would like to review, request changes or have that information deleted from our databases, please contact us via email or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. You may also contact us through either of the above methods to request or review the personally identifiable information that we have collected about you. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Our contact information is as follows:

SmilingGardener.com
10314 Hedley Dr
Ilderton, ON, Canada, N0M 2A0
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: 646-480-0650

Terms Of Use

PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT (THE 'AGREEMENT') CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.

BY UTILIZING THIS WEB SITE, YOU ('USER' or 'YOU') HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE (1) DO NOT UTILIZE THE SITE, (2) EXIT THE SITE IMMEDIATELY AND (3) UNDER NO CIRCUMSTANCES ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.

Phil Nauta (referred to as 'we' or 'us') is the owner and operator of this Website and the Materials and Services (as defined below) sold thereon.

Eligibility and User’s Warranties and Representations

We intend that this website and the Materials and Services (as defined below) be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials and Services should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials and Services, and you do not have our consent to do so.

Fraud

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

Links to Third Party Websites

We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

There may be exceptions where we DO endorse a particular product or service on the blog. For these exceptions, you should still not rely solely on our endorsement of the product or service because (1) we may receive an affiliate commission in exchange for the referral in the event you make a purchase on the external site; (2) these sites are managed by other organizations, companies, and/or individuals and are therefore not under our authority or control. Accordingly, this Agreement also does not apply to your use of these exception sites to which this site only provides links.

User’s Information

"User’s Information" is defined as any information or other material you provide to us or others in connection with the website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from the website, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or the website.

License, Access and Interference

Use of the Site, Materials and Services. The contents of this website and the Materials and Services are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal, internal business use of the (i) website in order to obtain information about, and/or to purchase the Materials and Services offered on the website and (ii) the Materials and Services. Except as otherwise provided, this license does not include any resale or commercial use of this website or its contents or the Materials and Services; any collection and use of any Materials and Services, descriptions, or prices; any derivative use of this website or its contents or the Materials and Services; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website or the Materials and Services, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any commercial or other purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, Services and Materials and Services that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise.

Breach

Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website or the Materials and Services in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy

Our current Privacy Policy is available on the website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

Warranty Disclaimers and Liability Limitations

We are the owner, distributor and publisher of the ebooks, videos, seminars, teleseminars, webinars, audio CDs and/or software, DVDs and/or electronically distributed VIDEOS, and/or transcripts, and/or report and/or the accompanying materials described on this site (collectively the 'Materials'). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS. The information contained in these Materials are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. You agree that this applies equally to all forms of products and services offered in the Materials, including especially (but not limited to) ebooks, LIVE AND RECORDED videos, LIVE AND RECORDED seminars, LIVE AND RECORDED teleseminars, LIVE AND RECORDED webinars, LIVE AND RECORDED telephone calls, and LIVE AND RECORDED consultations (whether delivered in person, via telephone, fax, live chat and/or electronic internet messaging or telephone text messaging).

WE expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose IN CONNECTION WITH THE Materials and Services OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE shall in no event be held liable to YOU OR any OTHER party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Materials and Services OR WEBSITE, which ARE provided 'as is', and without warranties.

OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE Materials and Services OR USE OF THIS SITE.

CERTAIN STATE LAWS 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

As always, the advice of a competent legal, tax, accounting or other professional should be sought.

WE DO NOT WARRANT THE PERFORMANCE, EFFECTIVENESS OR APPLICABILITY OF ANY SITES LISTED OR LINKED TO IN THIS WEBSITE OR THE Materials and Services.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Indemnity

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Release; Covenant Not To Sue

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials and Services or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials and Services to you which you paid for). If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 10314 Hedley Dr, Ilderton, ON, Canada, N0M2A0 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration

Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the website or the Materials and Services, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

General

Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the Province of Ontario, without regard to rules governing conflicts of laws. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the Province of Ontario. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.

Severability

The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment

This Agreement and any shrink wrap agreement that comes with the Materials and Services that you purchase, contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation

The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

The Materials and Services are © copyrighted by Phil Nauta. No part of the Materials and Services may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials and Services under any circumstances.

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