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
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 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: See the
Contact Us page of this site.
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: August 5, 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. (See the Contact Us page of this
site.) 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 © 2003-2009 by Mining Gold
Corporation 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 the legal documents website
at http://www.internetlawcompliance.com.
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