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:
Customer Support
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:
April 8, 2005
COPYRIGHT
This Privacy
Policy is used under license. The copyright is owned by Mining Gold Corporation
and IP Management, LLC.
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. 1401 Moraine Ct,
Bakersfield, Ca 93309. 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
http://www.internet-law-compliance.com
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.
Use of this site is subject to our
Terms and
Policies and
Purchase agreement
Contact
us