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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.
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: jdwestcott@gmail.com
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 30, 2006
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. St. Louis County, St.
Louis, MO, 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.
If you
have any questions, please email me at jdwestcott @ gmail.com
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