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 or Acceptable Use 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.
EMAIL
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:
DPW Enterprises Email: webmaster@dpwenterprises.com
2269 Huckleberry Road
Manchester, NJ 08759
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: November
23, 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. 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 owner, DPW Enterprises.
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted
2003 - 2004 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 Internet
Law Compliance for licensing information or this website
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