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.
“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:
support@3daydentist.com or
Effective Dentistry, LLC
415 E. Walnut St.
Ripley, MS 38663
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: 12/10/2008
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 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. Effective
Dentistry, LLC, 415 E. Walnut St., Ripley, MS 38663. 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 © 2003-2008 by Mining Gold
Corporation Nevada Processing Center, Inc 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 visit legal documents website at http://www.internetlawcompliance.com.
TERMS OF USE
THIS IS IMPORTANT
— PLEASE READ
THIS WEBSITE
REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND
ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE
PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE
GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
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, WORMS, OR OTHER CORRUPTING
FACTORS.
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,
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
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, 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. 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
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
support@3daydentist.com
Effective Dentistry, LLC
doing business as The
Capacity Academy
415 E. Walnut St.
Ripley, MS 38663
COPYRIGHT AND
LICENSE
This “Terms of Use” ©
2003-2008 by Mining Gold Corporation and Nevada Processing Center, Inc
(888) 214-3349, and is fully licensed for use by this website. If you
wish to lawfully use this Terms of Use on your website, contact support@internetlawcompliance.com for
licensing information or visit legal
documents website. http://www.internetlawcompliance.com
