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 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: Jan 17, 2009
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.
P.O. Box 624, Wagner, SD 57380
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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