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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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