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: Help Desk
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: December 19th, 2006
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. Citrus County, Florida.
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).
CONTACT INFORMATION
Help Desk
John Burnette
doing business as www.johnburnette.com
2659 East Gulf to Lake Hwy. PMB 146
Inverness, FL, 34453
COPYRIGHT AND LICENSE
This "Terms of Use"
© 2003-2006 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[at]internetlawcompliance.com for licensing information.