THIS IS
IMPORTANT -- PLEASE READ
The following terms pertain to ALL websites
owned and operated by Mainstay Enterprises Int'l
THIS WEBSITE
REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND
ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE
PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE
GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS
ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND
THE PRIVACY POLICY.
BY VIEWING,
VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR
ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS
TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS
UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18
YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS
WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS
TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF
1998.
THIS WEBSITE
RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER
THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING,
THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE
OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF
USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY,
AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE
TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or customers, collectively
referred to herein as "Visitors," are parties to this agreement. The
website and its owners and/or operators are parties to this agreement, herein
referred to as "Website."
USE OF
INFORMATION FROM THIS WEBSITE
Unless you
have entered into an express written contract with this website to the contrary,
visitors, viewers, subscribers, members, affiliates, or customers have no right
to use this information in a commercial or public setting; they have no right to
broadcast it, copy it, save it, print it, sell it, or publish any portions of
the content of this website. By viewing the contents of this website you agree
this condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties. Again, Visitor has
no rights whatsoever to use the content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying code, or other intellectual
property the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition
to costs and actual damages for breach of this provision. Visitor warrants that
he or she understands that accepting this provision is a condition of viewing
and that viewing constitutes acceptance.
OWNERSHIP OF
WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website
and its contents are owned or licensed by the website. Material contained on
the website must be presumed to be proprietary and copyrighted. Visitors have
no rights whatsoever in the site content. Use of website content for any reason
is unlawful unless it is done with express contract or permission of the
website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this site, or portions
thereof, (including, but not limited to, logotypes, trademarks, branding or
copyrighted material) to theirs for any reason. Further, you are not allowed to
reference the url (website address) of this website in any commercial or
non-commercial media without express permission, nor are you allowed to 'frame'
the site. You specifically agree to cooperate with the Website to remove or
de-activate any such activities and be liable for all damages. You hereby agree
to liquidated damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR
CONTENTS OF SITE
The website
disclaims any responsibility for the accuracy of the content of this website.
Visitors assume the all risk of viewing, reading, using, or relying upon this
information. Unless you have otherwise formed an express contract to the
contrary with the website, you have no right to rely on any information
contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR
HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR
ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING
FACTORS.
The website
assumes no responsibility for damage to computers or software of the visitor or
any person the visitor subsequently communicates with from corrupting code or
data that is inadvertently passed to the visitor's computer. Again, visitor
views and interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER FOR
HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk. Website makes no
warranty that downloads are free of corrupting computer codes, including, but
not limited to, viruses and worms.
LIMITATION OF
LIABILITY
By viewing,
using, or interacting in any manner with this site, including banners,
advertising, or pop-ups, downloads, and as a condition of the website to allow
his lawful viewing, Visitor forever waives all right to claims of damage of any
and all description based on any causal factor resulting in any possible harm,
no matter how heinous or extensive, whether physical or emotional, foreseeable
or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees
that in the event he causes damage, which the Website is required to pay for,
the Visitor, as a condition of viewing, promises to reimburse the Website for
all.
SUBMISSIONS
Visitor agrees
as a condition of viewing, that any communication between Visitor and Website is
deemed a submission. All submissions, including portions thereof, graphics
contained thereon, or any of the content of the submission, shall become the
exclusive property of the Website and may be used, without further permission,
for commercial use without additional consideration of any kind. Visitor agrees
to only communicate that information to the Website, which it wishes to forever
allow the Website to use in any manner as it sees fit. "Submissions" is also a
provision of the Privacy Policy.
NOTICE
No additional
notice of any kind for any reason is due Visitor and Visitor expressly warrants
an understanding that the right to notice is waived as a condition for
permission to view or interact with the website.
DISPUTES
As part
of the consideration that the Website requires for viewing, using or interacting
with this website, 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 viewer, visitor, member, subscriber or
customer have the right to go to court or have a jury trial. Viewer,
visitor, member, subscriber or customer 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, travel expenses.
JURISDICTION AND VENUE
If any
matter concerning this purchase shall be brought before a court of law, pre- or
post-arbitration, Viewer, visitor, member, subscriber or customer 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.
Bakersfield, CA 93309 – county of Kern. 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
Viewer,
visitor, member, subscriber or customer agrees that the applicable law to be
applied shall, in all cases, be that of the state of the Seller.
CONTACT
INFORMATION
Email us
Mark K. Whyte
doing business
as Mainstay Enterprises, Int’l
Bakersfield,
Ca 93309
COPYRIGHT AND
LICENSE
This "Terms of
Use" is copyrighted by Mining Gold Corporation and IP Management, LLC and is
fully licensed for use by this website. If you wish to lawfully use this Terms
of Use on your website, contact
support@npcinfo.com for licensing information or this website.
Use of this site is subject to our
Terms and
Policies and
Purchase agreement
Contact
us