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Blog 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 this 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 this 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 Seller collects electronic information from all Visitors. This is not usually personally identifiable. If a Customer purchases a product or service via this website (and thereby become covered by the Act), the purchase agreement electronically signed prior to purchase allows the Website to collect and archive all the personal information provided and to transmit and/or transfer that personal information to third parties. There is no way to modify this information and Customers have no right to do so. Under the terms of the purchase agreement, Customers have no right to view or receive any information about Website’s 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 Website to insure that Website is releasing information to the correct party. Other provisions of the OPPA may exempt Website from complying. While Seller takes measures to ensure that outside parties do not have access to any Customer information, Seller does not warrant that outside parties will not breach Seller’s system and thus gain access to Customer’s information. (Merchant service providers do not allow Seller access to Customer’s credit card information.) This Privacy Policy is subject to change without notice. Visitors are required to read it prior to using the website. By interacting with the website Visitors agrees to the terms and conditions of this Privacy Policy. By using the website or purchasing a product through this website, Visitors and Customers 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 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 Website. This can include pages or 'pop ups' to register for a newsletter or subscribe to a mailing list; it can include participation in visitor surveys; it can include requesting information from the Website via email, mail, telephone, 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 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 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. Customers should consider all this information available to Website. This information is used to deliver the product, but under the Purchase Agreement Customers also approve its use for general solicitation purposes. VISITOR EMAIL INQUIRIES Website Visitors who wish to communicate with Website do so under two conditions: first, they give their permission for contact by Website; second, they are subject to any ‘submission’ provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy. While Visitors email address may or may not be used to solicit them, it is added to Website's general solicitation database. CUSTOMER EMAIL OR TESTIMONIALS The Website may collect any information communicated to it by the Customer through phone, mail, or email communications. By communicating with the Site the Customer gives 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, pop-ups, 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 content downloaded from third party advertisers that contain viruses, 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 Visitor sends an email from this Site or if Visitor forwards the url of one of Sites web pages, Visitor must assume that some data is collected about Visitor’s IP address or email address and that of the recipient. Visitor must assume that referred emails or web pages may appear to come from Visitor’s email. Visitor accepts full responsibility for referring pages or email and agrees 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, any information provided to the Website as part of a survey may be used for general solicitation for commercial purposes and such information may 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 visitors’ computers, email addresses, and IP addresses. Visitors must assume that their 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 visitors viewing habits and product preferences even though the website may or may not have any idea who the visitor is. "Cookies" is web jargon for bits of computer code placed on the hard drives of website visitors. Websites use this to keep visitors '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 visitor’s computer configuration or their computer use. Cookies can be used to electronically gather information about website users. Again, it may or may not be personal information, but it is information and by using this site Visitors are expressly giving permission to the Site to use 'cookies' and to use the information gathered from their use. Visitors also give permission to collect, archive, retrieve, and use any information collected for product design, product offers, 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, Visitors must assume that it is not. Visitors must assume that information collected is shared with other persons or entities for commercial purposes. While this is uncommon in practice, Visitors must assume that it is as they make their decision whether or not to view or interact with this website. This type of shared information may include 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. They may not assume that the Site monitors these services or protects them in any manner from information posted publicly or shared with anyone else via these services. SPAM By providing this Website information that forms the basis of communication with the website user, such as an email address, the website user waives all rights to file complaints concerning unsolicited email or spam from this Website since, by providing such information, the website user agrees to receive communication from the Website or other marketing organizations. However, all email communication with the website user shall contain an 'unsubscribe' link where the user may notify the Website that he no longer wishes to receive solicitations or information from the Website and his name will be removed from the general solicitation database. DATA SECURITY This Website takes measures to protect its data that contains information related to its users. However, as consideration for viewing this site or interacting with this Site in any manner, users waive all claims of any nature against this Site concerning the loss, alteration, or misuse of information. Users must assume that it is possible for their personal data to be obtained by others, such as "hackers," and used in an inappropriate manner that may cause them harm and agree that the site is not responsible for damages to the user. QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS You may direct questions, comments or reports to: admin@businessmarketing-hdq.com REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE This Privacy Policy is dynamic. It will continually change. Website users may not assume that it remains the same and agree to check the policy each time they 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, website users will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this Site promise notification. Website users continued use of this site always evidences their acceptance of the terms of this Privacy Policy or any modifications. LATEST UPDATE This Privacy Policy was last updated on: 18 July, 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 of Nashville, Tennessee, USA. 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 that the sole and proper jurisdiction is the state of Tennessee and the city of Nashville. 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 Tennessee. 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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