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PRIVACY POLICY
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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:
DATE
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.
1140 Old Peachtree Rd., Ste D Duluth, GA 30097 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. |