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:
webmaster@starsoft-it.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: Monday,
June 25, 2007
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.
City of Niagara Falls, County of Niagara,
State of New York, USA.
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
(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@internetlawcompliance.com for licensing information or visit
legal documents website.