1.0 Agreement
These Terms and Conditions (the “Website Terms and Conditions”) govern your use of the Websites, your receipt of any premium or subscription-based services and information made available through the Websites, and your use of any demonstrations or versions of WisdomPan.com products available through the Websites (collectively, the “Services”).
The Websites are provided by WisdomPan.com, and/or their respective affiliates (collectively, “WisdomPan.com,” also referred to as “we” or “us”), and these Website Terms and Conditions constitute an agreement between you and WisdomPan.com. Some of the services, information and products available from WisdomPan.com or third parties through the Websites may also be governed by additional agreements.
To the extent that there is any conflict between these Website Terms and Conditions and any separate written agreement you have executed or otherwise entered into with WisdomPan.com regarding any premium or subscription-based services or information available through the Websites, the terms of such separate agreement shall control. Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing any of the Websites or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with, them.
In addition, if you register as a user (a “Subscriber”) of any of the features of our Websites or Services offered through our Websites, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.
2.0 Forward Looking Statements
The Websites may contain forward-looking statements within the meaning of the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Such statements include any statements regarding our future financial performance, future operating results or our plans or expectations for our company and our business.
These statements are based on management’s current expectations and beliefs and involve known and unknown risks, uncertainties and other factors that may cause actual results to be materially different from those contemplated by the forward-looking statements. For further information on risk factors affecting our company and our business, please refer to our most recent annual, quarterly and other (e.g. Form 8-K) reports filed with the Securities and Exchange Commission.
3.0 Conditions on Participation
You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction, including, but not limited to, United States export controls; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Website Terms and Conditions.
You acknowledge and agree that WisdomPan.com may terminate your access to the Websites and the Services should you fail to comply with the Terms and Conditions. Any such termination shall be in WisdomPan.com' sole discretion and may occur without prior notice, or any notice. WisdomPan.com further reserves the right to terminate any user’s access to the Websites or the Services for any conduct or activity that WisdomPan.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to WisdomPan.com, or for any conduct or activity that violates any local, state, federal, or foreign laws or regulations.
WisdomPan.com further reserves the right to terminate any user’s access to the Websites or Services for any reason or for no reason at all, in WisdomPan.com sole discretion, without any prior or other notice.
4.0 Purpose of Services and Websites
The Services and Websites are made available solely as a convenience to you for general informational purposes. Top
5.0 Disclaimer regarding Content
WisdomPan.com cannot and does not represent or guarantee that any of the information available through the Services or Websites is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or Websites may be provided by parties with whom WisdomPan.com has no relationship (or no relationship other than one established through these Terms and Conditions).
Some other information available through the Services or Websites may be specially obtained by WisdomPan.com from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g., the New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones), who are believed to be sources of reliable information (collectively, the “Data Providers”).
Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Websites are not and cannot be guaranteed by WisdomPan.com.
6.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Websites, and all information made available through the Websites or the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of WisdomPan.com, its affiliates or its Data Providers.
To the extent that the Websites or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), WisdomPan.com owns all right, title, and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Websites or in the Services, as well as in the selection, arrangement, and presentation of all other content on the Websites and in the Services.
Certain materials may be made available for download from these Websites. Subject to these Website Terms and Conditions, WisdomPan.com grants you limited permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further that you do not modify the materials in any way.
Without limiting any other right or remedy available to WisdomPan.com, at law or in equity, the limited permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF ESIGNAL AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF ESIGNAL AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS. YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY ESIGNAL TO PROTECT THE RESPECTIVE RIGHTS OF ESIGNAL, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7.0 Our Data Providers' Requirements
These Website Terms and Conditions are subject to any requirements of WisdomPan.com' Data Providers under WisdomPan.com' agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
8.0 Disclaimer regarding Links and Other Third Party Content
The Websites and Services may provide you with the ability to access a variety of information, material or other content from third parties (“Third-Party Content”), including through links to other websites and forums on which users or other third parties, themselves, may post Third-Party Content.
Whenever you access Third Party Content, YOU PROCEED AT YOUR OWN RISK.
You understand and agree that such third parties are solely responsible for any such content, and you further agree that WisdomPan.com is not, and will not be, liable for any content or other material posted or otherwise provided by third parties.
You further acknowledge that WisdomPan.com does not control the third parties who provide Third-Party Content, does not necessarily (and is not obligated to) review or screen any Third-Party Content either before or after it becomes available through the Websites and Services, and cannot and does not guarantee, attest to, verify, or otherwise warrant that any Third-Party Content is or will be accurate; free from errors, defects or harmful elements; consistent with what it purports to be; appropriate to fit your needs; or otherwise safe or non-objectionable. You agree that WisdomPan.com shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Websites.
We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Users are prohibited from using the Websites or Services to violate any laws or to violate the rights of WisdomPan.com or of any third parties, all as further provided in our Subscriber Code of Conduct, below. You further understand that when using the Websites or Services, you may be exposed to content that you find objectionable, crude, indecent, harassing, or otherwise inappropriate. You agree that WisdomPan.com is not, and shall not be, liable for any such material.
9.0 No Duty To Monitor Websites
You understand and agree that WisdomPan.com has the right, but not the obligation, to monitor the Websites, and to remove content from the Websites for any reason, including content that you submit. You further understand and agree that WisdomPan.com has the right, but not the obligation, to review content before it is posted to the Websites, and to refuse to allow content to be posted for any reason.
Any and all decisions on whether or not to retain, disseminate, or remove content posted by users shall be made by WisdomPan.com in its sole discretion.
10.0 Subscriber Code of Conduct
When you register as a Subscriber at our Websites, you may gain access to a range of Services, including the ability to participate in chat rooms, exchange instant messages, post messages to forums, and share files. You may use the Websites for lawful purposes only.
You agree not to post, upload, e-mail, transmit, distribute, or otherwise make available through the Websites any of the following:
11.0 No Creation of Third-Party Rights
Nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
12.0 Shared Files; Information You Download
WisdomPan.com cannot and does not guarantee or warrant that information available for downloading through the Websites or Services will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to WisdomPan.com for the reconstruction of any lost information.
13.0 Materials You Post; Your License to Other Users
By posting or transmitting, inputting or uploading information or content (“Content”) to the Websites, you warrant that such Content does not violate or infringe the rights of any third parties. In addition, you automatically grant WisdomPan.com, WisdomPan.com users, and WisdomPan.com Subscribers under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such Content, without compensation to you. Top
14.0 Complaints over Perceived Copyright Infringement
WisdomPan.com respects intellectual property rights and expects its users to do the same. WisdomPan.com, may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that materials posted on our Websites infringe your rights under copyright law in specific materials (collectively, a “Work”), we request that you notify us of your concerns or objections.
15.0 Disclaimer Regarding Investment Decisions and Trading
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through the Websites or our Services.
16.0 No Advice or Solicitation
The Websites and Services are for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company or security by eSignal, its affiliates, officers, directors, employees or agents. You acknowledge and agree that neither the Websites nor any of the Services is intended to supply investment or financial advice. eSignal offers no advice regarding the nature, potential value, or suitability or any particular security, transaction, investment or investment strategy. You acknowledge and agree that the use of the Websites and Services, and any decisions made in reliance upon the Websites and Services, are made at your own risk.
17.0 Product Demonstrations
All product demonstrations (“demos”) may only be used during the time periods specified for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
18.0 Professional/Non-Professional Status
With respect to Services involving the receipt of financial market information, if you are a professional broker, dealer or trader or employed by or conducting business in the securities industry, you must agree to be bound by WisdomPan.com' agreements with the Data Providers before utilizing the Services for commercial purposes.
If you are such a professional, you must contact WisdomPan.com Customer Service to obtain such agreements. Unless you have obtained and executed such agreements, you hereby represent and warrant:
19.0 Access and Security
You accept responsibility for the confidentiality and use of any access codes, account numbers and customer code numbers that you may receive for your access to and use of the Services.
You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers.
You agree to notify WisdomPan.com immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
20.0 Disclaimer of Warranties and Limitation of Liability
You agree that neither WisdomPan.com, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers, nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Websites or the Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Websites or the Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Websites or the Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Websites or the Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Websites or the Services.
THE WEBSITES AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE AVAILABLE VIA THE WEBSITES OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT. IN NO EVENT WILL ESIGNAL OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITES OR THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF ESIGNAL OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITES MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITES, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITES AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITES.
By way of example, and not by way of limitation, neither WisdomPan.com nor the Data Providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
21.0 Indemnification
You agree to indemnify and hold harmless WisdomPan.com, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees, of every kind and nature, arising from or relating to your use of the Websites or the Services or the information made available through the Websites or the Services, and/or your violation of these Website Terms and Conditions or any third party’s rights, including, but not limited to, copyright, proprietary rights, privacy rights, and rights under defamation law.
22.0 Disclaimer of Right to Sue
You release WisdomPan.com, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Websites or Services, or arising in any way from content posted to any of the Websites by any third party.
If you are a California resident, you waive California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect 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.”
23.0 Modification and Termination of Websites; Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions, WisdomPan.com reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) its Websites, (ii) any particular Services made available via its Websites, or (iii) these Website Terms and Conditions. Your use of our Websites following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as changed.
24.0 Data Providers Enforcement Right
Data Providers may enforce these Website Terms and Conditions against you by legal proceedings or other appropriate means. Top
25.0 Force Majeure
In addition to applicable disclaimers, stated above, WisdomPan.com' performance under these Website Terms and Conditions and the Services shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.
26.0 Entire Agreement
These Website Terms and Conditions and our Privacy Policy embody the entire understanding between the parties with respect to WisdomPan.com' Websites and supersede any and all prior representations and agreements, if any, oral or written, with respect to WisdomPan.com' Websites. In the event of any conflict between these Website Terms and Conditions and/or Privacy Policy and any separate agreement you have executed or otherwise entered into regarding subscription services available through eSignal’s Websites, the terms of such separate agreement shall control.
27.0 Severability
Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Website Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
28.0 Choice of Law; Choice of Forum
These Website Terms and Conditions and any dispute arising from the Websites or the Services shall be interpreted in accordance with the laws of the State of Illinois, U.S.A. without reference to its conflicts of law principles. You expressly consent and agree that any claims arising under or related in any way to these Terms and Conditions, the Privacy Policy, the Websites or the Services shall be brought only in the state or federal courts located in the State of Illinois and therefore you consent to the jurisdiction and venue of those courts.
29.0 Assignment
These Website Terms and Conditions shall not be assignable by you, either in whole or in part. eSignal reserves the right to assign its rights and obligations under these Website Terms and Conditions.
30.0 Survival
Sections 1, 2, 5, 6, 11, 12, 13, 15, 16, 17, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30 and 31 of these Website Terms and Conditions shall survive the termination of these Website Terms and Conditions and shall apply indefinitely.
31.0 Your Consent
By using our Websites, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit our Websites. Top
Last Updated: April 3, 2006
1.0 Applicability.
We value our relationship with you and respect your right to privacy. Our Privacy Policy ("Privacy Policy") covers WisdomPan.com' treatment of information that we collect and maintain about you in connection with your use of the Websites and your use of our products and services. This policy does not apply to the practices of companies that WisdomPan.com does not own or control or to individuals whom WisdomPan.com does not employ or manage, including operators of sites you may link to or from the Websites or from which you link to the Websites.
By using the Services and/or accessing our Websites, you are acknowledging that you have read and understood this Privacy Policy and consent to the practices described herein. In addition, if you register as a user of any of the features of our Websites (a “Subscriber”), during the registration process (and from time to time as eSignal may require) you may be prompted to click an “I Accept,” “Submit” or similar button, which further confirms your consent to the practices described in this Privacy Policy.
2.0 Scope of Policy
This Privacy Policy applies only to information you provide to us online or that we obtain in connection with your use of the Websites (or any service offered through the Websites) or through any websites that we operate or acquire. It does not apply to information obtained offline or through other non-electronic means.
3.0 What Information We Collect and Use
WisdomPan.com reserves the right to use and control the information collected on the Websites. We will not share this information with any third party, other than as disclosed in this Privacy Policy.
WisdomPan.com collects information from users at different points on our Websites and through our software, as follows:
3.1. Registration
In order to subscribe to WisdomPan.com products and services, we require that you complete a registration form. This form may ask for contact information, such as name, address, email address, telephone number, company name, fax number and other basic contact information (“Registration Information”).
After submitting your Registration Information, you can view and modify this information within the self-maintenance area of the Websites. You agree to notify WisdomPan.com of any change to your billing address within thirty (30) days of such change.
3.2. Orders and Requests
When you subscribe to an WisdomPan.com product or service, we request the appropriate billing information on our order form. This information includes your credit card number, expiration date and billing address (“Order Information”).
Order Information is kept with your Registration Information in a database and will be retained for future purchases. You may also provide personal information to us when you voluntarily communicate with us, such as for requesting information or submitting an application for employment.
3.3. WisdomPan.com Software
While accessing and operating an WisdomPan.com product, the WisdomPan.com software will record general statistical and tracking information, such as the date and time a client accesses his or her product and the time spent using it. The WisdomPan.com software transfers this information to WisdomPan.com' servers, and such information is used exclusively for internal resource management purposes.
3.4. Other
WisdomPan.com may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Websites are being used.
3.5. Cookies
A cookie is a small amount of data, which often includes unique, but anonymous, code, which is sent to your browser from a web site's computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use the Websites upon a future visit.
WisdomPan.com will also use cookies to recognize you when you return to our Websites. Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation of your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your computer, some parts of the Websites may not function properly.
3.6. Referrers
A “referrer” 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.
This information is collected and used by WisdomPan.com to understand the websites referring traffic to our Websites and to present appropriate content to our potential customers. WisdomPan.com tabulates referrer information on an aggregate basis to identify trends and traffic patterns.
3.7. Partners
WisdomPan.com may enter into agreements with other companies that market software or services that either function similarly to WisdomPan.com software or that enhance or extend WisdomPan.com' functionality. Some of these may be third party products that may utilize components of eSignal software. Under the terms of these agreements, we may be required to collect information about your sessions and your use of these third party products and share this information with these third parties.
3.8. Providers
A provider is an entity that agrees to pay for the WisdomPan.com services being provided to you. We have entered into contractual agreements with these providers governing the provider arrangement.
Under the terms of these agreements, we may be required to collect information about your sessions and your use of your WisdomPan.com product and share this information, along with your personally identifiable information, with the provider paying for your WisdomPan.com service. This information is kept strictly confidential, and is not shared with other third parties, except as provided for in this Privacy Policy.
3.9. Computer Configuration
In order to determine whether your computer is supported by our system, we may collect certain anonymous information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of the WisdomPan.com software or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided in this Privacy Policy.
3.10 Access to Information
If you are a resident of Australia, on request, we will provide you with access to personal information that we hold about you collected when you visit our Website or use our Services (unless there is an exception that applies under Australian privacy laws, such as where we have a legal duty of confidentiality).
Your request to obtain access will be dealt with in a reasonable time. We may recover from you the reasonable cost of providing you with access. Top
4.0 What We Do with Information We Collect and Use
In general, except as provided in this policy, we will not disclose your personally identifiable information to unaffiliated third parties without your express consent or allowing you to decline to permit the disclosure.
There are, however, some limited circumstances in which we may need to disclose personally identifiable information about a user without express consent, including, but not limited to, the circumstances set forth below:
4.1. WisdomPan.com Website Vendors
We may employ other companies to perform functions on our behalf, such as fulfilling orders, providing customer service, sending print and electronic mail, processing credit card payments, or other functions necessary to our business. In order to allow these companies to perform their obligations, we may need to share your personally identifiable information with them. However, we will provide these companies with only that information necessary to perform their functions on our behalf, and we will not allow them to use your personally identifiable information for any other purpose.
4.2. Resellers
WisdomPan.com may from time to time enter into agreements with companies that resell WisdomPan.com' products or services, either on WisdomPan.com' behalf, or on their own behalf on a private labeled basis and/or on a co-branded basis. Under the terms of these agreements, we may be required, and therefore we reserve the right, to share your personally identifiable information with such resellers.
Once your personally identifiable information is provided to such resellers, it will no longer be covered by this privacy policy. In those instances, your personally identifiable information will be governed by the privacy policy of the resellers to whom it is provided. Notwithstanding the foregoing, WisdomPan.com will not share your Order Information with any reseller that is not billing you directly for the re-marketed, private labeled and/or co-branded WisdomPan.com services to which you subscribe.
4.3. WisdomPan.com Publishers and Merchants
WisdomPan.com reserves the right to provide to publishers and other merchants for whom WisdomPan.com sells or distributes products or services any personally identifiable information as is necessary to fulfill any requests you may make for their products or services.
In addition, merchants of the products you purchase or to which you subscribe through WisdomPan.com may request additional personally identifiable information from you. WisdomPan.com will provide the merchants of such products the information you supply in response to those requests and, following such disclosure by WisdomPan.com, your personally identifiable information will no longer be covered by this policy.
In those instances, your personally identifiable information is governed by the privacy policy of the merchants whose products you have purchased or to which you have subscribed.
4.4. Protection of Rights
We may reveal your personally identifiable information to attorneys, private investigator organizations or law enforcement agencies if we believe that you have harmed or interfered with (or will imminently harm or interfere) other eSignal users or anyone else or violating (either intentionally or unintentionally) our Website Terms and Conditions of Use or infringing any of WisdomPan.com' legal rights, or harming the legal rights, property, or health or safety of any other person.
4.5. Required by Law
WisdomPan.com will reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of any of your personally identifiable information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
4.6. Asset Transfers
WisdomPan.com shall be entitled to transfer to a third party information it maintains, including any personally identifiable information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Websites or a business in connection with which such information is maintained.
5.0 Changing or Removing Personal Information; Opting Out
To ensure that you have appropriate control over your personally identifiable information, you can access your account (after supplying your user name and password) in the Self-Maintenance area of our Websites to update and/or correct the information you have previously submitted.
In addition, we provide you with the ability to decline -- or “opt-out of” -- certain mailings and other materials we may offer. For these materials, you will be able to specify whether you wish to opt-out by following directions provided in the Self-Maintenance area, as further detailed in Section 6.0 (Communications to out Users) of our Privacy Policy, below. Finally, if you request, we will remove your name and other personally identifiable information from our active databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions.
If you wish to remove your name and other personally identifiable information from our database, please create an email with the term “Unsubscribe” in the subject line, and send the email to the address listed in Section 12.0 of this Privacy Policy. As an alternative, you may write to us with your request, at the mailing address set forth in Section 12.0.
You will be removed from our databases generally within ten business days of our receipt of your request. You may also request to review or amend any personal information that we maintain about you, by sending a written request to the same address, subject to our verification of your identity acceptance of any proposed revision.
6.0 Communications to our Users
6.1. WisdomPan.com:
WisdomPan.com sends emails and/or postal mailings to new subscribers and to provide to existing subscribers information regarding their specific WisdomPan.com products. Periodically, WisdomPan.com will send news and information to subscribers and other parties who have expressed interest in WisdomPan.com and its products. You can opt out of receiving these promotional communications through the Self-Maintenance area of our Websites. For so long as you use WisdomPan.com products and services or otherwise maintain a business relationship with WisdomPan.com, however, you may not opt out of receiving communications from WisdomPan.com relating specifically to those products and services or business relationship.
6.2. Third Parties:
Except as described in this Privacy Policy, we do not share personally identifiable information with anyone, unless we have informed you of a change to our Privacy Policy and given you the opportunity to then choose to opt out.
WisdomPan.com can no longer update any of your personally identifiable information once it has been transferred to such third parties and cannot implement or impose your opt out requests upon such third parties.
Instead, you must either contact that third party or refer to its privacy policy to update your personally identifiable information or to let the third party know that you no longer want to receive promotional and/or marketing information about its products, services or offerings.
7.0 Security of Personally Identifiable Information
WisdomPan.com maintains controls to protect the financial information you provide us, including credit card details, during the product purchase process.
These controls include:
8.0 Children
Persons under the age of eighteen (18) are not permitted to register for the WisdomPan.com service and WisdomPan.com does not knowingly collect, either online or offline, personally identifiable information from persons under the age of eighteen (18). If we learn that a child under the age of eighteen (18) has provided us with personally identifiable information, we will attempt to delete this information from our databases, subject to any technical limitations on our ability to do so.
9.0 Notification of Changes
WisdomPan.com reserves the right to change or modify this Privacy Policy from time to time, or to terminate this Privacy Policy. We will post notice of the new policy from the Privacy Policy link on the homepage of our Websites. Your use of our Websites following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. If we make any significant changes regarding disclosure of personally identifiable information to third parties, we will attempt to notify you prior to the date the modified policy takes effect.
10.0 Relationship to Website Terms of Conditions
Our obligations with respect to your use of the Websites are reflected in this Privacy Policy and our Website Terms and Conditions and any additional terms of services that may be applicable.
11.0 Your Consent
By using our Websites, you consent to our collection and use of your information, in accordance with this Privacy Policy. If you do not agree with some, or all of the terms of this Privacy Policy, you may not become a Subscriber, or otherwise visit our Websites.