IMPORTANT
-- PLEASE READ
This Privacy Policy
describes the terms of our commitment to your
privacy.
PERSONS OR PARTIES
COVERED
This Privacy Policy is
intended to cover all visitors to this website,
all subscribers to lists or newsletters whether
paid or unpaid, all members or affiliates
whether paid or unpaid, and all customers.
Persons who visit or view this website, whether
intentionally or unintentionally, whether
solicited or unsolicited, are described herein
as "Visitors" and are parties to this Privacy
Policy. Subscribers to lists or Newsletters are
referred to herein as "Subscribers" and are
parties to the Privacy Policy. Persons who join
an organization or marketing endeavor (e.g.
"affiliates") promoted by this website are
called "Members" herein and are covered by this
Privacy Policy. Finally, anyone who orders,
attempts to order, or receives a product sold
(recipients) or advertised on or delivered from
this website, even at no cost, is called a
"Customer" herein and is subject to this Privacy
Policy not only by passive acceptance, but by
virtue of the Purchase Agreement contract. The
website, its agents, owners, operators, and
employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM
THIS WEBSITE ARE STILL COVERED
In the event that a person
excluded from this website because of the Terms
of Use or from denial of service by the website,
who nonetheless unlawfully views this site, that
person remains subject to the terms of this
Privacy Policy and is in violation of the Terms
of Use.
PERSONS UNDER 18 YEARS
OF AGE ARE EXCLUDED FROM THIS
WEBSITE
This website is not
lawfully accessible to persons under the age of
18 or who are otherwise covered by the
provisions of the Child Online Privacy Act of
1998 (COPA). If you are under the age of 18 you
must leave this site immediately. Fraudulent use
of this website may make you subject to civil or
criminal sanctions.
VIEWING AND/OR USE
AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE
OF THE TERMS OF THIS POLICY
Acceptance of the terms of
this Privacy Policy is a portion of the
consideration required for your right to visit
the website. If you do not accept these terms,
you have no right to visit this site and you are
fraudulently using this site.
A NOTE TO CALIFORNIA
RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003
-- OPPA)
It is the intent of the
Privacy Policy to comply with the California
Act. Various provisions throughout this Privacy
Policy address requirements of the act. In
summary, you must presume that we collect
electronic information from all visitors. This
is not usually personally identifiable. If you
purchase a product or service via this website
(and thereby become covered by the Act), the
purchase agreement you electronically sign prior
to purchase allows the website to collect and
archive all the personal information you provide
and to transmit and/or transfer that personal
information to third parties. There is no way
you can modify this information and you have no
right to do so. Under the terms of the purchase
agreement, you have no right to view or receive
any information about our database. In the event
that the website, under advice of counsel agrees
to divulge information, the requesting party
must submit whatever information is demanded by
the website in insure that the website is
releasing information to the correct party.
Other provisions of the OPPA may exempt this
website from complying. While we take measures
to ensure that outside parties do not have
access to any information we have about you, we
do not warranty that outside parties will not
breach our system and thus have access to your
information. (You should know that merchant
service providers do not allow us access to your
credit card information.) This Privacy Policy
also is subject to change without notice. You
are required to read it prior to using the
website. By interacting with the website you
agree to the terms and conditions of the Privacy
Policy. By using the website or purchasing a
product through this website, you waive the
right to use state or federal court systems to
address complaints and, instead, agree to use
the American Arbitration Association located in
a city and county specified herein.
ABOUT THE PERSONAL
INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS
USED
This website routinely
collects information about its visitors,
subscribers, members, and customers. This
information is obtained in various ways, such
as:
VISITOR, SUBSCRIBER,
MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM
'REGISTRATION'
Registration means that
the Visitor, Subscriber, Member or Customer
takes active, positive steps to communicate
information to this website. This can include
pages or 'pop ups' where you register for a
newsletter or subscribe to a mailing list; it
can include your participation in visitor
surveys; it can include requesting information
from the website via email, mail, or courier; it
may be from joining an affiliate program or
other membership organization, paid or unpaid;
it may be from ordering a product.
Occasionally complete
credit card information may be provided to the
website via fax or a fill-in form rather than
regular secure merchant service processing. This
information is kept at the highest level of
security and is never divulged to anyone except
the merchant service provider or for the purpose
of communication with the customer.
ONLINE
ORDERING
Online ordering via SSL
encrypted communication provided by shopping
cart services supporting merchant service
companies like Visa and Master Card provides
information to the website but does not provide
complete credit card numbers. In the process of
online ordering, the customer provides, name,
address, city, state, email address, phone
number, CVV2 (back of card) number, and,
occasionally a member password. You should
consider all this information available to the
website. This information is used to deliver the
product, but under the Purchase Agreement you
also approve its use for general solicitation
purposes.
VISITOR EMAIL
INQUIRIES
Website visitors who wish
to communicate with the website do so under two
conditions: one, they give their permission for
contact by the website; two, they are subject to
any ‘submission' provisions of the Terms of
Use, Purchase Agreement, or this Privacy Policy.
While your email address may or may not be used
to solicit you, it is added to the website's
general solicitation database.
CUSTOMER EMAIL OR
TESTIMONIALS
If you are a customer and
send an email to the website, or if you
communicate with the site by phone or mail, the
website collects information about your
communication and by communicating with the site
you give your permission to collect, archive,
retrieve, and otherwise use any information
collected as the site sees fit.
Any communication which,
in its sole discretion, the site deems to be a
testimonial, may be publicized for commercial
purposes.
INFORMATION OBTAINED
FROM VISITOR INTERACTION WITH BANNERS, POPUPS,
OR SITE ADVERTISERS
Visitors clicking on
banners or pop-ups or hyperlinked advertising,
appearing on this website must assume that
information is being collected about them. This
site is not responsible for the use of
information collected in such a fashion.
Visitors must assume that (1) information will
be collected, (2) that ‘cookies' will
usually be placed on their hard drive, (3) that
website does not have any control over what
happens with this information, (4) that website
takes no responsibility over the accuracy or
content of advertisers, (5) that website is not
responsible for downloads from third party
advertisers that contain viruses or worms or
other computer code that causes their computer
or software harm, and (6) that website assumes
no responsibility for the data that is garnered
from the click itself or that the advertiser
collects.
INFORMATION OBTAINED
FROM REFERRING EMAIL OR REFERRING
URLS
If you send a friend an
email from this site or if you send the url or
one of our web pages to a friend, you must
assume that some data is collected about your IP
address or your email address and that of your
friend. You must assume that referred emails or
web pages may appear to come from your email.
You must accept fully responsibility for
referring pages or email to a friend and agree
to indemnify this site for any damage,
intentional or unintentional that results from
said referrals.
INFORMATION OBTAINED
FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless otherwise specified
in the survey, you must assume that any
information provided to the website as part of a
survey in which you participate may be used for
general solicitation for commercial purposes and
that such information will be shared with joint
venture partners, affiliates, marketing
organization or used by the site itself for
product design or solicitation
purposes.
INFORMATION OBTAINED
FROM ELECTRONIC MEANS AND
'COOKIES'
Many websites, including
this one, collect information about your
computer, your email address, your IP address.
You must assume that your web-viewing or web-use
activity is monitored, tracked, and information
collected. This information is not usually of a
personal nature, but it may help define your
viewing habits and product preferences even
though the website may or may not have any idea
who you are.
"Cookies" is web jargon
for bits of computer code placed on your hard
drive. Websites use this to keep you 'logged
in', to keep track of search criteria, to
monitor use, to password protect use of the site
or use of products sold by the site. Cookies can
also be used to obtain information about your
computer configuration or your use of your
computer.
Cookies can be used to
electronically gather information about you.
Again, it may or may not be personal
information, but it is information and by using
this site you are expressly giving permission to
use 'cookies' and to use the information
gathered from their use to benefit you. You also
give permission to collect, archive, retrieve,
and use any information collected for product
design, product offers to you, and general
commercial solicitation purposes by this site or
joint venture partners, affiliates, and
marketing organizations.
HOW INFORMATION MAY BE
USED
The use of information as
described below may or may not be how
information that is collected is customarily
used by this site. While actual use of any
information collected may be used quite
conservatively, you must assume that it is not.
You must assume that information collected is
shared with other persons or entities for
commercial purposes. While this is uncommon in
practice, you must assume that it is as you make
your decision whether or not to view or interact
with this website. This type of shared
information may include your name, address,
phone number, email address and buying habits,
as well as other information. This information
may be used for general commercial solicitation
by this website or other persons it is sold to,
rented to, or shared with.
INFORMATION THAT IS NOT
SHARED
Credit card information or
other financial information is not usually known
to the website. However, in the event that it is
made known, that information is never revealed
to anyone except to processing authorities or
law enforcement agencies. However, the provider
of such information gives express permission to
use it in fraud investigation or for
litigation.
BULLETIN BOARDS AND
PUBLIC FORUMS
Visitors, subscribers,
members, or customers who use any site provided
bulletin boards or other public forums, such as
chat rooms, do so at their own risk. You may not
assume that the site monitors these services or
protects you in any manner from information you
post publicly or share with anyone else via
these services.
SPAM
By providing to this
website information that forms the basis of
communication with you, such as an email
address, you waive all rights to file complaints
concerning unsolicited email or spam from this
website since, by providing such information,
you agree to receive communication from us or
other marketing organizations. However, all
email communication with you shall contain an
'unsubscribe' link where you may notify the
website that you no longer wish to receive
solicitations or information from the website
and your name will be removed from the general
solicitation database.
DATA
SECURITY
This website takes
measures to protect its data that contains
information related to you. However, as a
consideration for viewing this site or
interacting with this site in any manner, you
waive all claims of any nature against this site
concerning the loss, alteration, or misuse of
information. You must assume that it is possible
for your personal data to be obtained by others,
such as "hackers," and used in an inappropriate
manner that may cause you harm and that you
agree that the site is not responsible for
damages to you.
QUESTIONS, COMMENTS, OR
REPORT OF INCIDENTS
You may direct questions,
comments or reports to: CONTACT
REVISIONS TO THIS
PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is
dynamic. It will continually change. You may not
assume that it remains the same and you agree to
check the policy each time you visit the site
for changes. Unless, in the sole opinion of the
website, this policy changes so drastically as
to suggest a posted notification on the site or
via email, you will receive no notification of
changes to this Privacy Policy nor, under any
circumstances, does this site promise
notification. Your continued use of this site
always evidences your acceptance of the terms
this Privacy Policy or any
modifications.
LATEST
UPDATE
This Privacy Policy was
last updated on: December 6, 2005
COPYRIGHT
This Privacy Policy is
used under license. The copyright is owned by
Mining Gold Corporation and IP Management,
LLC.
DISPUTES
As part of the
consideration that the Website requires of the
Visitor to view, use, or interact with this
site, Visitor agrees to use binding arbitration
for any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or
otherwise) arising out of or relating to this
purchase, this product, including solicitation
issues, privacy issues, and terms of use
issues.
Arbitration shall be
conducted pursuant to the rules of the American
Arbitration Association, which are in effect on
the date a dispute is submitted to the American
Arbitration Association. Information about the
American Arbitration Association, its rules, and
its forms are available from the American
Arbitration Association, 335 Madison Avenue,
Floor 10, New York, New York, 10017-4605.
Hearing will take place in the city or county of
the Seller.
In no case shall the
Visitor have the right to go to court or have a
jury trial. Visitor will not have the right to
engage in pre-trial discovery except as provided
in the rules; you will not have the right to
participate as a representative or member of any
class of claimants pertaining to any claim
subject to arbitration; the arbitrator's
decision will final and binding with limited
rights of appeal.
The prevailing party shall
be reimbursed by the other party for any and all
costs associated with the dispute arbitration,
including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND
VENUE
If any matter concerning
this purchase shall be brought before a court of
law, pre- or post-arbitration, Visitor agrees to
that the sole and proper jurisdiction to be the
state and city declared in the contact
information of the web owner unless otherwise
here specified. In the event that litigation is
in a federal court, the proper court shall be
the closest federal court to the Seller's
address.
APPLICABLE
LAW
Visitor agrees that the
applicable law to be applied shall, in all
cases, be that of the state of the Website
owner(s).
COPYRIGHT AND
LICENSE
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