TERMS OF USE
PLEASE READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF
ALLOWING YOU ACCESS.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR
WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS
WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 18 YEARS OF
AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR
ITS CONTENTS IN ANY MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD
ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER THE TERMS
OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE
IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF
EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF
THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES
INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to herein as "Visitors," are parties to this
agreement. The website and its owners
and/or operators are parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written
contract with this website to the contrary, visitors, viewers, subscribers,
members, affiliates, or customers have no right to use this information in a
commercial or public setting; they have no right to broadcast it, copy it, save
it, print it, sell it, or publish any portions of the content of this
website. By viewing the contents of this
website you agree this condition of viewing and you acknowledge that any
unauthorized use is unlawful and may subject you to civil or criminal
penalties. Again, Visitor has no rights
whatsoever to use the content of, or portions thereof, including its databases,
invisible pages, linked pages, underlying code, or other intellectual property
the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition
to costs and actual damages for breach of this provision. Visitor warrants that he or she understands
that accepting this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF
THIS WEBSITE
The website and its contents are owned or licensed
by the website. Material contained on
the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the
site content. Use of website content for
any reason is unlawful unless it is done with express contract or permission of
the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one
may hyperlink this site, or portions thereof, (including, but not limited to,
logotypes, trademarks, branding or copyrighted material) to theirs for any
reason. Further, you are not allowed to
reference the url (website address) of this website in any commercial or
non-commercial media without express permission, nor are you allowed to 'frame'
the site. You specifically agree to
cooperate with the Website to remove or de-activate any such activities and be
liable for all damages. You hereby agree
to liquidated damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content of this website. Visitors assume all the risk of
viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express
contract to the contrary with the website, you have no right to rely on any
information contained herein as accurate.
The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF
VIRUSES,
The website assumes no responsibility for damage
to computers or software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently passed to
the visitor's computer. Again, visitor
views and interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at
this own risk. Website makes no warranty
that downloads are free of corrupting computer codes, including, but not
limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner
with this site, including banners, advertising, pop-ups, or downloads, and as a
condition of the website to allow his lawful viewing, Visitor forever waives
all right to claims of damage of any and all description based on any causal
factor resulting in any possible harm, no matter how heinous or extensive,
whether physical or emotional, foreseeable or unforeseeable, whether personal
or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes
damage, which the Website is required to pay for, the Visitor, as a condition
of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that
any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the submission, shall
become the exclusive property of the Website and may be used, without further
permission, for commercial use without additional consideration of any
kind. Visitor agrees to only communicate
that information to the Website, which it wishes to forever allow the Website
to use in any manner as it sees fit.
"Submissions" is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason
is due Visitor and Visitor expressly warrants an understanding that the right
to notice is waived as a condition for permission to view or interact with the
website.
DISPUTES
As part of the consideration that the Website requires for
viewing, using or interacting with this website, 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,
In no case shall the viewer, visitor,
member, subscriber or customer have the right to go to court or have a
jury trial. Viewer, visitor, member,
subscriber or customer 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, Viewer, visitor, member,
subscriber or customer 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. PLACE FOR ADDING
APPLICABLE
LAW
Viewer, visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases, be that of the state of
the Seller.
CONTACT INFORMATION
Jeffrey Forman
COPYRIGHT AND LICENSE
This "Terms of Use" © 2003-2007 by Mining Gold
Corporation and
PRIVACY POLICY
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
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.
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: support@jeffreyforman.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: July 26, 2007
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,
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.
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 © 2003-2007 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.