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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:
info@everprofits.com
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: March, 10th 2008
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 Website owner(s).
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