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Privacy
Policy
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:
info@everprofits.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: March, 10th 2008
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. 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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