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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 order to 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 will 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.
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
Information
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: July 12, 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 Houston, Texas. In the event that
litigation is in a federal court, the proper court shall be
the closest federal court Houston, Texas.
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).
CONTACT
INFORMATION
Contact
Information
This “Privacy
Policy” is copyrighted © 2003-2008 by Mining Gold Corporation
and Nevada Processing Center, Inc, and is fully licensed for
use by this website. If you wish to lawfully use this "Privacy
Policy" on your website, contact support@internetlawcompliance.com
for licensing information or visit
legal documents website.. http://www.internetlawcompliance.com
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