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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
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
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:
9th
November 2007
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,
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 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.
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 © 2003-2007 by Mining Gold Corporation and Nevada Processing Center, Inc. (888) 214-3349, and is fully licensed for use by this website.