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TERMS OF USE
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 US$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.
Without limiting the foregoing, under no
circumstances shall Website or its licensors be held liable
for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, floods,
storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance of
third parties.
HYPERLINKING TO SITE
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. 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 the all 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.
LINKS
Website is not necessarily affiliated with sites
that may be linked to or from this site and is not responsible for their content. The
linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications
other than those of Website, do not imply the endorsement or approval of such
websites, products, services or publications by Website.
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.
In no event shall Website be liable for any punitive, special, direct, indirect,
incidental, or consequential damages, whether arising under contract, warranty,
or tort (including negligence or strict liability) or any other theory of liability.
Applicable law may not allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may not apply to you.
Our liability for damages, regardless of the form of the action, shall not exceed
the fee paid for the service. We cannot be held responsible for factors beyond our
control that may interfere with our ability to provide access to our website.
Such factors include, but are not limited to server downtime, password/verification
problems, or network outages beyond our servers. We do not warrant that the functions
contained in the materials, resources or services offered will be uninterrupted or
error-free, that defects will be corrected, or that this site is free of viruses
or other harmful elements. In no event will we be liable to any party for any direct,
indirect, punitive, special, incidental or other consequential damages arising
directly or indirectly from any use of the products or resources contained within the
Website. All products and resources are provided “as is” and without warranties.
These include (but are not limited to) damages or injury caused by any:
* use of (or inability to use) the site
* use of (or inability to use) any site to which you hyperlink from our site
* failure of our site to perform in the manner you expected or desired
* error on our site
* omission on our site
* interruption of availability of our site
* defect on our site
* delay in operation or transmission of our site
* computer virus or line failure
Please note that we are not liable for any damages, including:
Damages intended to compensate someone directly for a loss or injury damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages.”)
Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidential damages.”) We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Exception: Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages. if you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.
However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.
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.
COMMUNICATIONS
By registering at or purchasing from Website,
Visitor agrees to receive continuing follow-up email contact from Website for
the purpose of solicitation related to the instant product or any other product
or service. Visitor shall at all times be fully empowered to sever
contact with Website by notification using the 'unsubscribe' link in solicitations.
"Communications" is also a provision of the Purchase Agreement.
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
Genesee County, Michigan, USA.
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.
Genesee County, Michigan, USA.
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
Contact Via Email
Justin Sabo, 12014 Frances Road, Otisville, Michigan, 48463, USA
COPYRIGHT AND LICENSE
This "Terms of Use" is copyrighted by Mining Gold
Corporation and IP Management, LLC and is fully licensed for use by this
website. If you wish to lawfully use
a similar Terms of Use on your website, contact
support@internetlawcompliance.com for licensing information.
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