PRIVACY
POLICY
IMPORTANT
PLEASE READ
Last revised: February
18, 2008
Your privacy is
important to us. This Privacy Policy
will help you understand the terms which we collect, use and safeguard
the
personal information you may provide to us.
VIEWING
AND/OR USE AND/OR COMMUNICATION IS
CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
By
USING THIS SITE OR SUBMITTING YOUR INFORMATION TO US you consent
to the transfer of YOUR information and to our use of such data as
outlined in
this PRIVACY POLICY. If
you do not agree with this Policy, please do not
access or use the Site.
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 is excluded from this website because of the Terms of Use
or from
denial of service by the website, but nonetheless 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.
A
NOTE TO CALIFORNIA RESIDENTS
REGARDING THE ONLINE PRIVACY PROTECTION ACT OF 2003
It is the intent of the
Privacy Policy to comply with the Online Privacy Protection Act of 2003
(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 information is not usually personally
identifiable information. 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 of 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 verification information is demanded by the website to insure
that the
website is releasing information to the correct party.
Other provisions of the California Act 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.
You are
required to read
this Privacy Policy prior to using the website.
It is subject to change at any time without notice. Any such change,
update or modification will be effective immediately upon posting on
this
Site. By your continued use of
the website you agree to the terms and conditions set forth in the
Privacy
Policy, as modified. 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
You may choose
not to provide this website with any of your personal information. In such an event, you can still access and
use much of the website; however you will not be able to order product
or
access and use those portions of the website that require your personal
information. 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. You credit card
information is kept at the highest level of security we offer 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. Again, we do not share your credit card
information with anyone except the merchant
service
provider or for the purpose of communication with you, the customer. If you have placed on online order with this
website and have submitted your credit card information, you must
notify us if
your credit card information is lost or stolen.
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 in this Privacy Policy 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 personally identifiable 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. Understand that any personal information you
disclose in these areas becomes publicly accessible information. We have no control over the use of your
information in these mediums once you post it and you should therefore
exercise
caution when deciding to disclose your Personal Information or
otherwise using
such services. 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, for your
convenience, 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 such 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. Do not assume that it remains
the same. By using this site 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.
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 of Southfield, Michigan or the city and 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 that the sole and proper jurisdiction to be the state
and city
declared in the contact information of the website 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 current address.
Personal
information that you voluntarily give us will be delivered
electronically to
computer servers located in the State of Michigan in the United States of America.
Any legal issues you may have with us related to this
Privacy Policy
will be enforced in accordance with the laws of this jurisdiction and
in the
appropriate courts therein. Although this
website is intended for use by users located in the United States only,
if you
have accessed this Site, are located outside of the United States, and
choose
to use this Site anyway, you should be aware that all of your personal
data
will be processed by us in the U.S where data protection and privacy
regulations
may not offer the same level of protection as in other parts of the
world, such
as the European Union.
APPLICABLE
LAW
Visitor agrees that the
applicable law to be applied shall, in all cases, be that of the State
of Michigan and the United States.
QUESTIONS,
COMMENTS, OR REPORT OF
INCIDENTS
You may
direct
questions, comments or reports to: support@annuitymd.com.
COPYRIGHT
Portions of this
Privacy Policy are used under license.
The copyright to those licensed portions of this Privacy
Policy are
owned by Mining Gold Corporation and IP Management, LLC.