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 Become an Affiliates whether paid or unpaid, distributors
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. "Become an 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 Become 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,
Become an 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, Become an 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 this website
or its agents to use it in fraud investigation or for
litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use
any site providing 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.
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.
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.
All hearings will take place in Henderson, Nevada.
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 shall
be Henderson, Nevada. In the event of litigation in
federal court, it shall take place in Henderson, Nevada.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be Nevada.
LATEST UPDATE
This Privacy Policy was last updated on: January 12,
2005
QUESTIONS,
COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to: info@water4wellness.com
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