Privacy Policy
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: February 4, 2008.
COPYRIGHT
This Privacy Policy is used under license. The copyright is owned by Mining Gold Corporation and Nevada Processing Center, Inc.
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 This
"Privacy Policy" is copyrighted © 2003-2006 by Mining Gold Corporation
Nevada Processing Center, Inc , and is fully licensed for use by this
website.
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