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: [email protected]
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 7 2004
COPYRIGHT
This Privacy Policy is used under
license. The copyright is owned by
Mining Gold Corporation and IP Management, LLC.
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.
Sacramento, Sacramento County, California. 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 - 2004 by http://www.internet-law-compliance.com Mining Gold Corporation and IP Management, LLC and is fully licensed for use by this website. If you wish to lawfully use this Privacy Policy on your website, contact [email protected] for licensing information or this website.