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 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: RAIDking Technologies, Inc.
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 23th, 2006
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 Oceanside, California, 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).
COPYRIGHT
AND LICENSE
This
"Privacy Policy" is copyrighted 2003 - 2004 by http://www.internet-law-compliance.com
Mining Gold Corporation and IP Management, LLC and is fully licensed
for use by this website. If you wish to lawfully use this Privacy
Policy on your website, contact support@internetlawcompliance.com
for licensing information.
