THIS IS 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 eighteen
(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 eighteen (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 Secure Sockets Layer (SSL) encrypted communication provided
by shopping cart services supporting merchant service companies like Visa
and MasterCard 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, POP-UPS, 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 or family member an email from this site or if you send
the URL or one of our web pages to a friend or family member, you must assume
that some data is collected about your IP address and/or your email address
and that of your friend or family member. 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
may 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 malicious
"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 us via our contact
information page.
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 18, 2004
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 county declared in the contact information of the web owner
(Dauphin County, Pennsylvania). 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 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 support@internetlawcompliance.com
for licensing information or this website.
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