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 or Acceptable Use 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.
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.
EMAIL
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:
Nichloas Waltz Email: nichloas@dutchfamilydiner.dpwenterprises.com
2716 East Orange Street
Lancaster. PA 17603
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: January 26, 2005
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 owner, www.dutchfamilydiner.dpwenterprises.com
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted 2003 - 2004
by 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 Internet
Law Compliance for licensing information or this website |
