EFFECTIVE DATE: October 01, 2003
This Policy notifies you of: (a) what personal information of yours is collected when you access RevitaLady and/or use the Services or purchase any product; (b) how the information is collected; (c) how the information is used and shared; (d) our efforts to maintain the security of Sensitive Information; and (e) other details concerning your personal information and our policies.
This Policy does not apply to the practices of companies that RevitaLady does not own or control, or to people that we do not employ or manage.
Information Collection and Use
Information collected by RevitaLady.com is stored in a single, secure database, accessible only by RevitaLady.com. RevitaLady.com collects information from our paying customers or other persons who use, attempt to use, or purchase RevitaLady.com products or the services at several different points and from different sources, all or some of which may apply to you.
When you sign up as a customer or potential customer, we ask for, and you are required to give, your name, address, zip code, telephone number, email address, credit card or checking account number, and credit card expiration date. Once you register as a customer with us, you are not anonymous to us.
Cookies are alphanumeric identifiers that we transfer to your computers hard drive through your Web browser.
* Log Files
RevitaLady automatically receives and records information on its server logs from your Web browser, including your IP address, cookie information, and the page you requested. We use IP addresses and cookies to analyze trends, administer the site, track members and users movements, and gather broad demographic information for aggregate use. IP addresses are not linked to your personal information.
* Information from Other Sources
for reasons such as improving personalization of our Service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
Use of Information
Information we collect is generally used for the following purposes:
1. To build features that will make the services available on our site easier to use. This includes faster search requests, better member support and timely notice of new services and special offers.
2. To improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our sites content, layout, and services. These uses improve our Services and better tailor them to meet your needs.
3. To resolve disputes, troubleshoot problems and enforce our Terms and Conditions of Use. At times, we may look across multiple members or users to identify problems or resolve disputes, and in particular we may examine your information to identify members using multiple Member Ids or aliases.
4. Sharing of Information. Except as otherwise provided herein, the information we collect from you is shared with our marketing partners or other third parties. We may use the personal information that you supply to us and we may work with other third parties to bring selected retail opportunities to you via direct mail, email, online and telemarketing. RevitaLady.com may sell or rent aggregated statistical information and user, member or former member specific information, including name, address, telephone number and payment information, to our marketing partners or other third-parties. If you want RevitaLady.com to stop sharing information it has about you in the future, you may notify us of this fact by contacting RevitaLady.com's Member Services department.
We reserve the right to disclose personal information, including Sensitive Information, when we believe that such disclosure is appropriate to comply with the law or a request by a government official, to protect the rights or property of RevitaLady, or to enforce our Terms and Conditions of Use. In the event that RevitaLady or substantially all of its assets are acquired by a third party, member information and Sensitive Information may be some of the transferred assets.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from member lists, analyzing data, providing marketing assistance, processing credit card payments, and providing member services. They have access to personal and Sensitive Information needed to perform their functions, but may not use it for other purposes.
Special Offers and Announcements
Active customers and former customers will occasionally receive information on products, services, special deals, and a newsletter.
RevitaLady takes every precaution to protect our users and members Sensitive Information, both online and offline. Your Sensitive Information is password-protected for your privacy and security. Sensitive Information is encrypted and is protected online with the best encryption software in the industry - SSL.
Sensitive Information is also protected offline in our offices. Only employees who need the information to perform a specific job (for example, a billing clerk or member services representative) are granted access to Sensitive Information. Furthermore, all employees are kept up-to-date on our security practices and changes in those practices. Finally, the servers that we store Sensitive Information on are kept in a secure environment. If you have any questions about the security at our website, you can send an email to us using RevitaLady online contact form.
RevitaLady forwards users and members to other sites. Please be aware that RevitaLady is not responsible for the business and privacy practices of these other sites. We encourage you to be aware of this when you leave our site and to read the legal notices and privacy policies of each and every website you visit.
Correction/Updating Personal Information
If a members personal information changes we will endeavor to provide a way to correct or update that members personal data provided to us. This can usually be done by contacting our Customer Services Department at 1-800-756-3499.
Notification of Changes
If we decide to change our Policy, we will post these changes on our Homepage or provide other notification of our revised Policy so our users and members are always aware of what information we collect, how we use it, and when we disclose it.
Childrens Online Privacy Protection
RevitaLady serves general users of the World Wide Web. We support and comply with the Childrens Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use RevitaLady only with the involvement of a parent or guardian.
Special Notification for California Residents, Your California Privacy Rights
Individual customers who reside in California and have provided their personal information to RevitaLady may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us using RevitaLady online contact form. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
Insurance Terms of Service
TERMS AND CONDITIONS OF USE, RIGHT TO ACCESS AND ACCESS ELIGIBILITY
The following terms and conditions apply to all users of GSCM Ventures/Pacific Naturals Insurance which is provided by U-PIC Insurance Services, Inc. Before you can use GSCM Ventures/Pacific Naturals Insurance, you must read, understand and agree to abide by this statement of U-PIC Terms and Conditions. After reading the following terms and conditions and agreeing to abide by them, access to insuring your parcel with GSCM Ventures/Pacific Naturals Insurance is granted by clicking on the “I AGREE" button.
U-PIC is an American corporation and as such, its terms and conditions are fully articulated in the English language. By clicking on the “I AGREE” button, you state that you are capable of reading and understanding the English language and that you understand, acknowledge and accept these terms and conditions. U-PIC reserves the right to change these terms and conditions from time to time at its sole discretion. Your continued use of GSCM Ventures/Pacific Naturals Insurance after a posted change in these terms and conditions will constitute your continued acceptance of such changes in these terms and conditions. Accordingly, you are advised to visit this page regularly in order to keep apprised of any changes in these terms and conditions. In the event of any such changes, the date upon which the changes were instituted will be clearly set forth at the beginning of this document. In the case of any violation of these terms and conditions, U-PIC reserves the right to seek any and all remedies available whether at law or in equity for such violations.
U-PIC, maintains GSCM Ventures/Pacific Naturals Insurance information on GSCM Ventures/Pacific Naturals website and its own site for customers’ personal or corporate cargo insurance service. It is also intended to be an information, education and management resource and as such, the information contained herein is deemed to be true and accurate at the time of its writing however no guarantee, whether implied or direct is assured relative to its accuracy as a direct and proximal result of constantly changing laws, rules, interpretations and regulations at the local, state and federal levels. As with all information, you are specifically directed to verify, through additional sources, the veracity and validity of the information contained herein.
U-PIC SERVICES (hereinafter “U-PIC” or “Company”) is an insurance brokerage firm as defined under to the laws of the State of California. It is a California corporation duly organized under the laws of the State of California and is doing business as such within the State of California and others as well as internationally. In addition, it is governed by the federal laws of the United States of America and regulated pursuant to the State of California Insurance Commission.
In the normal course and scope of its business, U-PIC operates its own Internet Web Site which allows the company to enable its individual and corporate cargo owners, shippers, consignees and/or duly authorized representatives of such stated interests (hereinafter "User" and collectively “Users”) to insure individual goods shipped in transit electronically. The following relates to any and all use of U-PIC’s own Internet Website (Hereinafter “Site”) whether accessing a link from a 3rd party website, or by direct access to the site unless stated otherwise.
You, the viewer, are hereby granted, subject to the terms and conditions articulated herein, a limited, non-exclusive, non-transferable license to view the screens and materials on this site. Except as stated herein, none of the information or documents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of U-PIC. Permission is granted to display, copy, distribute and download the documents on this site for personal, non-commercial and informational use only unless otherwise stated provided that you may not, without the permission of U-PIC, (a) copy, publish or post any information or documents on any computer network or broadcast or publications media, (b) modify the information or documents and (c) remove or alter any copyright and other proprietary notices contained in the information or documents. Any use not authorized automatically will terminate your license to continue to use this site and/or services offered. Within the normal course and scope of administering this site, U-PIC will report any unauthorized or possible criminal activity to law enforcement authorities as appropriate in its sole discretion. In consideration of this authorization, you agree that any copy of the documents or any portion of the documents that you make shall retain all copyright and other proprietary notices contained herein or therein.
The trademarks, logos and service marks (hereinafter “Marks”) displayed on this site are the property of U-PIC or other third parties. Users are not permitted to use these marks without the prior written consent of U-PIC or such third party which may own the rights to the mark.
Intellectual Property Rights
The information provided in this site may also be the subject of intellectual property rights reserved by U-PIC and/or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether implied or express, any license, title to or ownership of any intellectual property rights of U-PIC or any third party. Further, you are specifically enjoined from “reverse engineering” any and all proprietary information, systems, formulas, calculations, engines, methodologies or any other form of system employed in the business of U-PIC.
Third Party Content
Other sites may provide hypertext links (hereinafter “Links’) to this site. No such links shall imply any relationship or connection between U-PIC and the operator of the site containing the link to this site unless specifically stated. U-PIC has no liability to you arising out of your use of any site that provides links to this site. You agree to refer to and abide by the policies posted by such third-party websites before you use them. Further, you agree that U-PIC is not responsible for third-party content, including opinions, advice, statements and advertisements and understand that you bear any and all risks associated with the use of such content. You agree that U-PIC is not responsible for any loss or damage of any sort you may incur from accessing third-party websites from the links. Unless approved in writing in advance by U-PIC, you agree not to (a) provide or create a link to this site or (b) create any frames at any other websites pertaining to any of the information located at this site. Please contact U-PIC for approval for linking to this site. U-PIC reserves the right to terminate any link or linking program at any time in its sole discretion.
The information contained in this site has been compiled by U-PIC from both internal and external sources. While U-PIC attempts to assure the accuracy and timeliness of the information contained within this site, as laws, statutes, ordinances, rules and regulations at the local, state and federal levels are subject to continuing change, no representation is made or warranty, express or implied, is provided herewith relative to the completeness or accuracy of the information contained on this Site. In particular, you should be aware that the information may be incomplete, may contain errors or may have become outdated. You should verify any information obtained from this Site before you make any use of it. Except where expressly provided, this Site and all content, materials and information provided in this site are provided on an "as is" and "as available" basis. U-PIC makes no warranty that (a) this site will meet your needs, (b) this site will be available on an uninterrupted, secure or error-free basis and/or (c) the use of this site will be accurate or reliable.
Non-Recurring Duty to Cover
U-PIC is pleased to be able to offer insurance services to individuals using GSCM Ventures/Pacific Naturals. However, where such insurance policies are provided, they are provided on an INDIVIDUAL, SINGLE-TRIP, NON-RECURRING basis only unless otherwise negotiated via separate instrument. U-PIC DOES NOT PROVIDE BLANKET COVERAGE FOR MULTIPLE PARCELS SHIPPED BY A SINGLE CUSTOMER FOR A PRESCRIBED PERIOD OF TIME OTHER THAN ON AN INDIVIDUAL BASIS. THEREFORE, ANY COVERAGE PROVIDED VIA THE GSCM VENTURES/PACIFIC NATURALS INSURANCE PROGRAM OR U-PIC’S SITE FAILS TO CREATE ANY FORM OF MASTER POLICY AGREEMENT BETWEEN THE PARTIES WHEREIN THERE IS PERCEIVED TO EXIST AN ON-GOING CONTRACTUAL RELATIONSHIP. EACH POLICY, WHERE GRANTED, IS INDIVIDUAL AND SPECIFIC TO EACH INDIVIDUAL INSTANCE AND WHERE THE SHIPPER ELECTS TO PETITION TO HAVE SUBSEQUENT PACKAGES, PARCELS OR OTHER FORM OF GOODS INSURED IN TRANSIT, COVERAGE MAY OR MAY NOT BR PROVIDED UPON SAID PETITION. U-PIC reserves the right to refuse coverage to any individual or corporation for any reason at any time at the sole discretion of Company with or without cause.
Use of Web Site /Limitation of Liability/Applicable Laws
In no event shall U-PIC be liable for any damages suffered or injury caused, including any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this site, or from your reliance on any information provided in this site, even if U-PIC and/or its affiliates have been advised of the possibility of such damages. U-PIC will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Further, U-PIC is a United States of America corporation and operates from offices located in the State of California. It’s website, accessed via the Internet, can be accessed from all 50 states and globally from other countries around the world. Each of these locations has laws that may differ from those of California and/or the United States of America therefore it is incumbent upon you, and you as the user of the U-PIC site agree, to assure that the transaction of U-PIC insurance business does not place you, the user, broker or the participating underwriters, if any may be, in breach of any insurance or other laws and/or regulations applicable within your individual region, state or country. U-PIC makes no representation that the materials on this website are appropriate in other locations, and accessing them from regions, states or countries where its contents are illegal is specifically and strictly prohibited. Where you as the visitor elect to access this site from other locations, you do so upon your own, individual initiative and thus are responsible for compliance with the laws which govern such activity within your individual region, state or country.
Some of the information on this site may contain projections or other forward-looking statements. You understand that these statements are only predictions and that actual events or result may differ materially. Although such projections and other forward-looking statements contained in this site are intended to be accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. U-PIC makes no representations and disclaims all express, implied, and statutory warranties of any kind to any user and/or any third party, including warranties as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose. U-PIC assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements contained on this site.
News Releases Ancillary Material
U-PIC shall not be liable for any errors or delays in the delivery of such information provided through this site or for any actions taken in news releases. The information contained in any news releases issued by U-PIC should not be deemed accurate or current except as of the date the release was posted. U-PIC fails wholly to update news releases after they are posted and specifically disclaims any duty to do so. To the extent any information therein is forward-looking; it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Collection/Disclosure of Information
U-PIC does not collect any personal information about you unless 1) you voluntarily provide it to us in the normal course and scope of doing business including submission of an application for an insurance policy, sending e-mail information, submitting forms or other information and/or providing your credit card, check or other payment information to us as payment for services rendered. We may however employ certain software programs to assist us in creating summary statistics relative to assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications and identifying system performance or problem areas and generally improving the content, context and performance of our site and the information contained therein.
Unless otherwise noted, where needed to assess the insurability of your goods or in the case of receiving official, law enforcement request under subpoena, we do not give, sell or rent your individual, personal information to any third parties.
Dispute Resolution/Venue/ Binding Arbitration
Where you elect to employ the services provided by U-PIC for your parcel insurance needs and enter into a contract with U-PIC for such services, by entering into such contract for U-PIC insurance services, you understand and agree that you are possessed of certain unalienable rights, one of which is the right avail yourself of the federal and state judicial system in the resolve of any and all disputes which may arise from any such contract. This being said, the present judicial calendar, whether federal or state, is inarguably a crowded one and one which makes for a protracted period of resolve. Further, the judicial system is an expensive one for both plaintiff and defendant. In light of these acknowledgements and to lessen the burden on the court system and to expedite the resolve of matters which may arise from the specific performance pursuant to any contract which may come to exist between you and U-PIC and to minimize the cost of such resolve, you agree to submit all matters requiring resolve to Binding Arbitration for review and resolve as does U-PIC.
In order to assure fairness and equity such that one party fails to enjoy a significant advantage over the other, both in providing for and agreeing to Binding Arbitration through the American Arbitration Association (“AAA”), it is necessary to articulate herein the rights, to the extent possible, available to you in Binding Arbitration. The information contained herein is not meant to be construed as educational and you are encouraged to seek the advice of competent legal counsel where you have questions relative to Binding Arbitration. It is presented, rather, in the interest of justice and provided in an effort to fully inform you of the methodologies of dispute resolution U-PIC employs in its resolve of such issues. It contains the information which courts have deemed necessary to allow you to make a fully informed and competent decision prior to entering into an agreement with U-PIC for the provision of services and satisfies the directives the courts have opined as necessary for mandating Binding Arbitration.
1) Representation - Arbitration is an administrative procedure in which the parties, and each of them, are allowed to represent themselves, retain an attorney admitted to the bar and duly licensed to practice law or be represented by another individual of their choice which said individual need not be a duly licensed attorney. Where you elect to represent yourself in Arbitration, it is incumbent upon you to familiarize yourself with the federal and/or state laws governing the presentation of your case as well as the rules and regulations as they apply to administrative law and the arbitration system. The Arbitrator or Arbitration Panel is not empowered to provide advice to either party, render assistance in the presentation of the parties’ cases nor make allowances for ignorance because of unfamiliarity with the aforementioned laws, rules and/or regulations once the arbitration proceedings commence. Whether you elect to represent yourself or retain counsel, whether a duly licensed attorney or an administrative representative representing the interests of the party before the Arbitration panel in an administrative matter, it is incumbent upon you to assure that that you or the individual so retained is competent and well-able to represent your case in the instant matter. Any decision and subsequent judgment is final and not subject to appeal unless otherwise allowed specifically by law. Therefore, by agreeing to this Binding Arbitration Clause, you are advised to select representation carefully and with regard to the applicable laws, rules and regulations.
2) Costs - While Binding Arbitration is substantially less expensive than conventional judicial review, arbitration cost can be substantial as can be the judgment. Conventional costs relative to arbitration fees and others as set forth within the American Arbitration Association handbook shall be shared equally however costs attendant to special requests shall be borne entirely by the requesting party. An example is that of a court reporter whose fees shall be borne exclusively by the requesting party. A complete list of costs and non-mandatory services may be found within the AAA Handbook.
3) Arbitrator (s) - The number of arbitrators shall depend upon the amount in dispute. You agree, however, that, where the amount in question is less than fifty thousand dollars, ($50,000.00), there shall be one (1) arbitrator which shall hear and rule on the case. Where the amount sought exceeds the stated sum, three (3) arbitrators shall be empanelled. The selection of the arbitrators shall be governed by the AAA Handbook. Further, you will have the right to select an advocate to serve as arbitrator to assure that all important issues are understood and considered. An advocate is an individual whose credentials include experience and familiarity with the subject matter, in the instant matter, insurance law.
4) Discovery - Each side has the right to ask and have answered certain questions and demand the production of certain documents and other forms of evidence which may be in the possession of the opposing party. Discovery may include depositions, interrogatories, requests to produce documents, requests to admit evidence and requests for inspection or physical examination. The time for the commencement of such discovery and the close of such timeframe shall be set at the time of arbitration.
5) Privacy – U-PIC has been the insurer of choice for a number of Fortune 1000 corporations as well as smaller entrepreneurial companies and individuals successfully insuring thousands of highly-sensitive packages containing goods that are manufactured using highly proprietary information. For myriad reasons, privacy may be an issue in Arbitration. For this reason, each party shall have the right to require the opposing party to execute a non-disclosure agreement, complete with penalty remedy, upon the commencement of arbitration. Failure to execute such agreement shall constitute a breach of this Binding Arbitration Agreement and exist as cause for a finding for the breaching party. Where the Arbitrator finds such breach has occurred, the Arbitrator shall find for the aggrieved party.
6) Mediation - Arbitrators may or may not be well-versed in the subject matter which is before them however may lend valuable insight into settling the instant issue. For this reason, you agree to allow the arbitrator(s) to attempt settlement of the instant matter one (1) time at a time and place convenient to both parties. The mediation may be conducted either in person or via tele-conference. Where the arbitrator is able to successfully mediate the issue, with such decision having been reached in concert with all parties concerned before a duly appointed mediator, such decision shall be deemed final.
7) Rules of Evidence - It is customary that, in most arbitration cases, the Rules of Evidence as set forth within conventional judicial application do not govern, and that the arbitrator has discretion to consider whatever evidence may be admitted. In order to provide as much latitude to the parties as possible given the vast majority of opposing parties are not represented by counsel, the conventional Rule of Evidence, for the purposes of any arbitration which may arise pursuant to this Contract, shall be suspended and the arbitrator(s) shall have sole discretion relative to the admissibility of any and all evidence. Arbitration is meant to provide for a level playing field and you agree that abandoning the conventional Rules of Evidence furthers this cause.
8) Briefs - Briefs shall be allowed provided they shall be confined to information relative to the instant matter and supported by attached evidence. It is strongly recommended that briefs be prepared and submitted either by a duly licensed attorney or by administrative counsel. Briefs may be prepared and submitted by either party however, in order to speed the process and make the job of the arbitrator(s) easier, all briefs shall be in the form prescribed by law as set forth within 2007 California Rules of Court Rule 8.204 - Contents and Form of Briefs, a copy of which is available either on-line or via the local law library. Briefs shall be limited to pre-hearing and post-hearing briefs as well as Amicus Briefs. Each party however, in order to fully inform the arbitrator(s) on the instant matter, shall personally prepare an opening letter brief, no more than 3 pages in length, setting forth the party’s position at the outset of arbitration. Such opening letter brief must be prepared and postmarked not later than fifteen (15) days subsequent to the party’s receipt of Arbitrators assignment. In this way, all parties are able to personally and professionally represent their case to the Arbitrators.
9) Venue - U-PIC is a California corporation and thus operates pursuant to the laws of the state in which it was incorporated. Therefore, Arbitration shall take place within the State of California, specifically in the Los Angeles area, and the law of California shall be used in the interpretation of any contract which may arise between you and U-PIC as well as arbitration relative thereto. Arbitrators shall be selected from a roster of qualified Southern California arbitrators and the Arbitrators shall hear testimony, examine evidence and generally employ the laws of the State of California in their conduct and deliberation of all aspects of the Arbitration including issuing his/her/their final ruling, a ruling which may be final and binding, pursuant to the laws of the Sate of California. This is another benefit of the Internet where any and all evidence, briefs and other such aspects of consideration may be exchanged electronically. It should be well-noted that it is incumbent on both parties to provide not only the arbitrator(s) but also the opposing parties with exact copies of all evidence submitted into evidence. In an effort to further reduce the cost of arbitration, the parties shall submit to electronic appearance via telephone or live video rendering personal appearance unnecessary.
10) Decision – Immediately after the hearing, the Arbitrator (s) will announce his/her/their decision at which point such decision and any compensation awarded will become final. Compensatory damages may be included as the Arbitrator is empowered to award compensatory damages. The Arbitrator is not empowered to issue injunctions.
In selecting an insurance representative for the coverage of your parcels, we at U-PIC believe that there’s no such thing as “TMI” or Too Much Information. Why? Because in selecting an insurance carrier, you’re actually selecting a partner in your business; one to whom you entrust a substantial portion of the very economic viability of your company. And, in return U-PIC feels the same way as we know that our own success is tied directly to the level of confidence and satisfaction you find in the service we provide.
As the Internet continues to certify its place in the future of global commerce, U-PIC will continue to lead by example, confident that by creating, disclosing and applying fairly and equitably the guidelines by which we do business, we will assure our own success by insuring our yours.
Phone: (800) 238-1413
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