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-- IMPORTANT -- PLEASE READ
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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@vxcb.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: 10/15/2005
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 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:
Victoria,
BC V8R 1J6 Canada. 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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