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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
order to 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.
Like most websites, we use
cookies and/or web beacons to
enhance your experience, gather
general visitor information,
and track visits to our
website. Please refer to the
"cookies"
section below for information
about cookies and how we use
them…
"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:
tom@hoosierdiet.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: April 1
, 2009
COPYRIGHT
This Privacy Policy is used
under license. The
copyright is owned by Mining
Gold Corporation and Nevada
Processing Center, Inc.
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 be 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, and 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.
County of Boone
,
Lebanon
,
Indiana
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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