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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: dickkaminski.com
EVISIONS 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: March 27, 2005
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.
dickkaminski.com, 1454 Azteca Loop, The Villages, FL 32162 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 or this website.
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