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
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
from this website 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
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
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) as amended from time
to
time. 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.
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 to the website in order to insure that
the
website is releasing information to the correct party. All
reasonable
effor will be made to ascertain the identity of the
requesting
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.
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.
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; or 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
often does not provide complete credit card numbers. In the
process
of online ordering, the customer provides, name,
address,
city, state, email address, phone number, CVS (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 the general
'SUBMISSION'
agreement of this 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 sitesees 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 full 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 aboutyour computer,
your
email address, and 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:
9/11/08
COPYRIGHT
This
Privacy Policy is used under license. The copyright is
owned
by Mining Gold Corporation and Nevada Processing
Center,
Inc. ©
2003 – 2008
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 be 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, and
travel
expenses.
JURISDICTION
AND VENUE
If any
matter concerning this Privacy Policy shall be brought
before
a court of law, pre- or post-arbitration, Visitor agrees 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. 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