Open
Adit™ has created this privacy statement in order to
demonstrate our firm commitment to privacy. The following discloses
our information gathering and dissemination practices for all
of our online services, including internet and e-mail. Use
of the Open Adit™ Rocks & Minerals
web site and information distributed in conjunction with the
Open Adit™ Rocks & Minerals web site indicates your
acknowledgment and agreement to this Privacy Policy and other
notices posted on this web site.
Your use
of this web site or of any content presented in any and all
areas
of the web site indicates your acknowledgment and agreement
to our Privacy Policy
and other notices posted on this web site.
Please Note that the Internet is a rapidly changing medium
and we reserve the right to modify the terms of this agreement. By continuing
to use the site after we post any such changes, you accept the modified terms.
Section
[1] Information
Collection and Use:
Open
Adit™ is the sole owner of the information collected on this site.
We will not disclose, rent, sell, or share this information to others in
ways different from what is disclosed in this statement. Open Adit™ collects
information from our users at several different points on our web site. Demographic
and profile data is collected at our site. We use this data to strategize
and prioritize the acquisition of new specimens and services.
Where
on-line purchases are requested by the user, we collect financial
information (such as account or credit card numbers) in order
to complete the transaction. Financial information that is
collected is used to bill the user for products and services.
Open
Adit™ uses order forms for customers to request information,
mineral specimens, and / or services. We collect visitor's
contact information and financial information. Contact information
from the order form is used to send orders and information
about our company to our customers. Financial information that
is collected is used to bill the user for products and services
they have requested.
Open Adit™ uses cookies to help identify you when you visit the Open
Adit™ Rocks & Minerals web site. These cookies make your use of our
site easier and allows for a more secure site. You will be unable to shop Open
Adit™ Rocks & Minerals without setting your browser to accept cookies.
Section
[1a] Guestbook:
Open
Adit™ provides
visitors with a guestbook which enables communication
with other visitors or to post information
to be
accessed by others. In doing so, other visitors and web sites
may collect your data as these are fully public. Open Adit™ does
not have access to any information gathered from web sites
other than the material that is directly posted for public
viewing.
Do not include any information, you do not wish to be accessed
by the public at large i.e., e-mail address, web site URL,
name etc.
Section
[1b] Disclosure:
Open
Adit™ reserves the right to access
and disclose individually identifiable information to comply
with applicable laws and lawful government requests, to operate
its systems properly or to protect itself or its users. Where
practical, Open
Adit™ will attempt to
obtain the prior consent of the individual prior to disclosing
individually
identifiable information.
Section
[2] Children's Guidelines:
Open
Adit™ abides by the The
Children's Online Privacy Protection Act (COPPA) of 1998. This web site
has been registered with Childsafe
International, Safe
Surf and The Internet
Content Rating Association. All three of these sites have rated open-adit.com
safe for children. Open Adit™ is not specifically directed at children,
but does not specifically prohibit children from using the reference material
provided without prior parental consent or parental notification. Children
using this site are encouraged, but not required, to seek parental approval
prior to using our services. Children are not permitted make purchases at this
site.
No
specific personal information on any child or any user is ever
disclosed to any other organization without the prior express
consent of that user.
Section
[3] Monitoring:
Information
from this server resides on a computer system that is not
owned by Open Adit™.
Anyone using this system consents to monitoring of their
use, by the server
owners.
Open
Adit™ has contracted with Google's AdWords program to
monitor certain pages of the Open Adit™ Rocks & Minerals
web site for the purpose of reporting web traffic, statistics,
advertisement 'click-through's', and/or other activities on
the Open Adit™ Rocks & Minerals web site. Where authorized
by Open Adit™, Google AdWords may use cookies, web beacons,
and/or other monitoring technologies to compile anonymous statistics
on Open Adit™ visitors. No personally identifiable data
is collected by or transferred to Google.
Open
Adit™ has contracted with Overture services, Inc. (“Overture”)
to monitor certain pages of the Open Adit™ Rocks & Minerals
web site for the purpose of reporting web traffic, statistics,
advertisement 'click-through's', and/or other activities on
the Open Adit™ Rocks & Minerals web site. Where authorized
by Open Adit™, Overture may use cookies, web beacons,
and/or other monitoring technologies to compile anonymous statistics
on Open Adit™ visitors. No personally identifiable data
is collected by or transferred to Overture. For more information
about how the information collected by Overture is used, please
see Overture’s
privacy policy.
Section
[4] Indemnification by User:
You
agree to indemnify, defend and hold Open Adit™ and our
affiliates, business partners, officers, directors, employees
and agents harmless from any loss, liability, claim, demand,
damage, or expense (including reasonable legal fees) asserted
by any third party relating in any way to your use of this
web site or breach of these Terms & Conditions of Use.
We reserve the right to assume the exclusive defense and control
of any matter subject to indemnification by you, which shall
not excuse your indemnity obligations.
Open
Adit™ intent is to present all information presented
herein only for private use and not for use by others for commercial
purposes. Distribution of the information in whole or in part
for commercial or unlawful purposes is strictly prohibited.
Section
[6] Warranties:
Open
Adit™ and it's representatives, makes no warranty,
expressed or implied, including, but not limited to, the
warranties of merchantability, fitness for a particular
purpose, and freedom from infringement, nor assume any
legal liability or responsibility, for the accuracy, completeness,
or usefulness of any information, apparatus, product, or
process disclosed, in any of these materials. The homepage,
subsequent pages,
,
and any representatives, specifically disclaims any other
warranties, guarantees, and promises, whether or not stated
in full in this document. We make every attempt to represent
the specimens listed on our site as completely and accurately
as possible. Errors, omissions, accuracy, etc do occur.
If you discover one, please contact the
.
Open
Adit™ shall be not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line
systems, servers, Internet service providers, computer equipment,
software, or any combination thereof including any injury or
damage to your or any other person's computer as a result of
using this web site.
Open
Adit™ reserves the right, at its sole discretion, to
modify, disable access to or discontinue, temporarily or permanently,
any part or all of this web site or any information contained
thereon without liability or notice to you.
As
a visitor to open-adit.com, you acknowledge and agree that
any reliance on or use by you of any information available
on this web site shall be entirely at your own risk. In no
event shall Open Adit™ nor any of its data providers
be liable for any direct, indirect, consequential or exemplary
damages
arising from the use or the performance of this web site.
Open
Adit™ grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Open Adit™. This
license does not include any resale or commercial use of this site or its contents:
any collection and use of any product listings, descriptions, or prices: any
derivative use of this site or its contents: any downloading or copying of account
information for the benefit of another merchant: or any use of data mining, robots,
or similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of Open
Adit™. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of Open Adit™ and our associates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing Open Adit™ name
or trademarks without the express written consent of Open Adit™. Any unauthorized
use terminates the permission or license granted by Open Adit™. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of Open Adit™ so long as the link does not portray Open Adit™,
its associates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Open Adit™ logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Section
[8] Third Party Web sites& Links:
Links
to other web sites and references to products and services offered by third parties
are provided to you for convenience only and do not constitute an endorsement
or approval by Open Adit™ and Open
Adit™ West of (1) the organizations that operate
such web sites; (2) the content, privacy policies or other terms of use on such
web sites;
or
(3) such third party products and services. Open Adit™ and Open
Adit™ West has no control or
responsibility over web sites or content maintained by other organizations, or
for products and services offered by third parties, Open Adit™ and Open
Adit™ West do not
assume any liability for your use of any of the foregoing, which use you acknowledge
and agree shall be at your own risk.
Section
[9] Jurisdiction:
YOU
HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY
SUIT,
ACTION OR PROCEEDING ARISING OUT OF OR RELATING
TO YOUR
USE OF THE OPEN ADIT™ ROCKS & MINERALS WEB SITE,
INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY PROVINCIAL,
STATE OR
FEDERAL COURT SITTING IN THE UNITED STATES OF AMERICA OR
INTERNATIONAL
CONCERNS AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU
MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO
THE
JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND
IRREVOCABLY SUBMIT
GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY
SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE
THAT
SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY
OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY
SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE
PROVICED
FOR UNDER THE APPLICABLE LAWS. IN ANY SUCH ACTION OR PROCEEDING
YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT
ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT
AND
NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE
LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR
PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
EXCEPT
AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT
BETWEEN YOU AND OPEN ADIT™, THESE TERMS AND CONDITIONS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND OPEN ADIT™ WITH
RESPECT TO THE USE OF THE OPEN ADIT™ ROCKS & MINERALS
WEB SITE, AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED
THEREIN.
Section
[11] Privacy Support:
If
you have an inquiry or concern about our privacy policy, please
contact our
,
or phone (937) 440-9891 Monday through Friday between the hours
of 8 a.m. and 5 p.m. Eastern time.