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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 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: CONTACT
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: February 13th, 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.
JasMedia
Horsensvej 110
Postboks 171
8300 Odder
Denmark
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 - 2005 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.
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