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PRIVACY
POLICY
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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 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: www.tellcalvin.com
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 22, 2010
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. 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 © 2003-2009 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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