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 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 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
You may direct questions, comments or
reports to:
or
Kevin Rauth
P.O. Box 206
Maiden, North Carolina 28650
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: 02082009
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 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. City of
Newton, County of Catawba, North Carolina. 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 © 2003-2007 by
Mining Gold Corporation and 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.
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