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
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: support @
no-monkey-business .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: August 4, 2008.
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. 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 © 2003-2006 by Mining Gold Corporation
Nevada Processing Center, Inc , and is fully licensed
for use by this website.
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