PRIVACY POLICY
--
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
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:
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:
03/14/05
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,
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. Bartow
County, Cartersville,Ga 30121. 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 (888)
214-3349, and is fully licensed for use by this website. If you wish to lawfully use this Terms
of Use on your website, contact
support@internetlawcompliance.com for licensing information or visit legal documents
website.
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