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: Quantum
Media Group, Inc.
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: November 5th, 2006
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
Oceanside, California, 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 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.