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.
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: John
E. Alanis, President, Art of Steel, 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: June 27, 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 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.
4424 Gaines Ranch Loop #1514, Austin, TX 78735. 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 by 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
[email protected] for licensing information or this
website.