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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 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: sales@dmbhosting.com DMB
Hosting c/o DMB Consulting, LLC 21 Braemar Drive Suite
621 Cheshire, CT 06410
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: [04/13/06]
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.
Cheshire, Connecticut. 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 © 2003-2006 by Mining Gold Corporation and
and Nevada Processing Center, Inc (888) 214-3349, and is fully
licensed for use by this website. If you wish to lawfully use this
"Privacy Policy" on your website, contact Mining Gold for licensing information or this
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