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: Tim ONeill
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 4, 2009
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. 2102 West 18th Street, North Platte, NE 69101 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 © 2003-2008 by Mining Gold Corporation Nevada
Processing Center, Inc 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 visit legal
documents website at http://www.internetlawcompliance.com.