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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 from this website 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) as

amended from time to time. 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; or 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 often does not provide complete credit

card numbers. In the process of online ordering, the

customer provides, name, address, city, state, email

address, phone number, CVS (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 the

general 'SUBMISSION' agreement of this 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 full 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, and 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:

info@klaus-devens.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: 09.12.2004

 

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 Privacy Policy 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.

Klaus Devens, Wiesseer Straße 6b, 83700 Rottach-Egern, Germany

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).


  

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