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: ncgwm@adelphia.net
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: 9/24/2004
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:
Barton, Vermont. 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.
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