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PRIVACY
POLICY --
IMPORTANT -- PLEASE READ
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 order to 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: CONTACT 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: October 29, 2009 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, 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. Justus von Liebig Str. 7, 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 © 2003-2008 by Mining Gold Corporation Nevada Processing Center, Inc and is fully licensed to Jason Jordan - American Swim School.
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