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.
E-MAIL
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:
Healing the Land, P.O. Box 73, Scotland, PA 17254.
E-mail: info@healingtheland.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: 8/23/05
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).
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted 2003 -
2004 by http://www.internet-law-compliance.com 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 support@internetlawcompliance.com
for licensing information or this website.
© Copyright 2005.
Healing the Land. All Rights Reserved.
P.O. Box 73, Scotland, PA 17254
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