TERMS OF USE
THIS IS
IMPORTANT -- PLEASE READ
THIS WEBSITE
REQUIRES CONSIDERATION FOR AND AS A CONDITION OF
ALLOWING YOU ACCESS.
ALL PERSONS ARE
DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING,
VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR
WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE
AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY
OF THIS
WEBSITE.
ALL PERSONS
UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE
UNDER 18 YEARS OF
AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS
WEBSITE OR
ITS CONTENTS IN ANY MANNER. THIS
WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE
CHILD
ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE
RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER
THE TERMS
OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE
WEBSITE
IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF
EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF
USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF
THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES
INFORMED OF CHANGES.
PARTIES TO THE
TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members,
affiliates, or customers, collectively referred to herein as "Visitors," are parties to this
agreement. The
website and its owners
and/or operators are parties to this agreement, herein referred to as "Website."
USE OF
INFORMATION FROM THIS WEBSITE
Unless you have
entered into an express written
contract with this website to the contrary, visitors, viewers,
subscribers,
members, affiliates, or customers have no right to use this information
in a
commercial or public setting; they have no right to broadcast it, copy
it, save
it, print it, sell it, or publish any portions of the content of this
website. By viewing
the contents of this
website you agree this condition of viewing and you acknowledge that
any
unauthorized use is unlawful and may subject you to civil or criminal
penalties. Again,
Visitor has no rights
whatsoever to use the content of, or portions thereof, including its
databases,
invisible pages, linked pages, underlying code, or other intellectual
property
the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of
U.S.$100,000 in addition
to costs and actual damages for breach of this provision. Visitor warrants that he
or she understands
that accepting this provision is a condition of viewing and that
viewing
constitutes acceptance.
OWNERSHIP OF
WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF
THIS WEBSITE
The website and
its contents are owned or licensed
by the website. Material
contained on
the website must be presumed to be proprietary and copyrighted. Visitors have no rights
whatsoever in the
site content. Use
of website content for
any reason is unlawful unless it is done with express contract or
permission of
the website.
HYPERLINKING TO
SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless
expressly authorized by website, no one
may hyperlink this site, or portions thereof, (including, but not
limited to,
logotypes, trademarks, branding or copyrighted material) to theirs for
any
reason. Further,
you are not allowed to
reference the url (website address) of this website in any commercial
or
non-commercial media without express permission, nor are you allowed to
'frame'
the site. You
specifically agree to
cooperate with the Website to remove or de-activate any such activities
and be
liable for all damages. You
hereby agree
to liquidated damages of US$100,000.00 plus costs and actual damages
for
violating this provision.
DISCLAIMER FOR
CONTENTS OF SITE
The website
disclaims any responsibility for the
accuracy of the content of this website. Visitors assume all the risk
of
viewing, reading, using, or relying upon this information. Unless you have otherwise
formed an express
contract to the contrary with the website, you have no right to rely on
any
information contained herein as accurate.
The website makes no such warranty.
DISCLAIMER FOR
HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK
OF
VIRUSES,
The website
assumes no responsibility for damage
to computers or software of the visitor or any person the visitor
subsequently
communicates with from corrupting code or data that is inadvertently
passed to
the visitor's computer. Again,
visitor
views and interacts with this site, or banners or pop-ups or
advertising
displayed thereon, at his own risk.
DISCLAIMER FOR
HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at
this own risk. Website
makes no warranty
that downloads are free of corrupting computer codes, including, but
not
limited to, viruses and worms.
LIMITATION OF
LIABILITY
By viewing,
using, or interacting in any manner
with this site, including banners, advertising, pop-ups, or downloads,
and as a
condition of the website to allow his lawful viewing, Visitor forever
waives
all right to claims of damage of any and all description based on any
causal
factor resulting in any possible harm, no matter how heinous or
extensive,
whether physical or emotional, foreseeable or unforeseeable, whether
personal
or business in nature.
INDEMNIFICATION
Visitor agrees
that in the event he causes
damage, which the Website is required to pay for, the Visitor, as a
condition
of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees
as a condition of viewing, that
any communication between Visitor and Website is deemed a submission. All submissions, including
portions thereof,
graphics contained thereon, or any of the content of the submission,
shall
become the exclusive property of the Website and may be used, without
further
permission, for commercial use without additional consideration of any
kind. Visitor
agrees to only communicate
that information to the Website, which it wishes to forever allow the
Website
to use in any manner as it sees fit.
"Submissions" is also a provision of the Privacy Policy.
NOTICE
No additional
notice of any kind for any reason
is due Visitor and Visitor expressly warrants an understanding that the
right
to notice is waived as a condition for permission to view or interact
with the
website.
DISPUTES
As part of the
consideration that the Website requires for
viewing, using or interacting with this website, 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,
In no case
shall the viewer, visitor,
member, subscriber or customer have the right to go to court or have a
jury trial. Viewer,
visitor, member,
subscriber or customer 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, Viewer, visitor,
member,
subscriber or customer 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.
APPLICABLE
LAW
Viewer,
visitor, member, subscriber or customer agrees that
the applicable law to be applied shall, in all cases, be that of the
state of
the Seller.
CONTACT
INFORMATION
Todd Wesley
COPYRIGHT AND
LICENSE
This "Terms of
Use" © 2003-2007 by Mining Gold
Corporation and