Terms & Conditions
Effective July 2016
1. GENERAL AGREEMENT
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable.
3. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Wyoming, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Wyoming in all disputes arising out of or related to the use of the site.
Unless otherwise stated, the Company owns the intellectual property rights for all Articles, posts, or blogs posted on the Site. All intellectual property rights are reserved. You may view and/or print pages from the Site for your own personal use subject to restrictions set in these terms and conditions. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. You must not:
- Republish material from the Site.
- Sell, rent or sub-license material from the Site.
- Reproduce, duplicate or copy material from the Site.
- Redistribute content from the Company or the Site (unless content is specifically made for redistribution).
Individuals under the age of 18 are strictly prohibited from using the Site.
7. USER COMMENTS
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the website. The Company does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of the Company, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws the Company shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other Comments to the Site, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use Comments in connection with the operation of the business of the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Comments. You will not be compensated for any Comment. You agree that the Company may publish or otherwise disclose your name in connection with your Comment. By posting Comments on the Site, you warrant and represent that you own the rights to the Comment or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the Comment.
The Company reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
8. HYPERLINKING TO THE SITE
The following organizations may link to the Site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Site in the same manner as they hyperlink to websites of other listed businesses; and
- These organizations may link to our home page, to Articles or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We will approve link requests from third-party organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (b) the organization does not have an unsatisfactory record with us; and (c) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are interested in linking to our Site, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 4 weeks for a response.
9. RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon such request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuing to link to our Site, you agree to be bound to and abide by these linking terms and conditions.
10. REMOVAL OF LINKS FROM OUR SITE
If you find any information on our Site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. The Company endeavours to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Site and the use of this site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
12. USE OF SOFTWARE
The Company may make certain software available to you from the Site. If you download software from the Site or from a third party site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are provided as is for your personal, noncommercial, home use only. In the case where links to software from other parties are provided from the Site, the Company does not endorse, guarantee or have any direct connection with other parties unless specifically stated on the Site. Any software or file download is done so at your own risk.
13. NO WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
14. REFUND POLICY
All sales are final. We do not accept returns, or provide refunds, unless clearly stated on product information areas.
15. LIMITED LIABILITY
THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
16. AFFILIATED OR LINKED SITES
The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
Throughout the Site, we provide links to Internet sites maintained by third parties. Some of the links we provide are “affiliate links.” This means if you click on the link and purchase the item connected to that link, the Company will receive an affiliate commission. This disclosure is made in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. All opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the Company. Neither the Company nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Company representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THE COMPANY AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
17. PROHIBITED USES
The Company imposes certain restrictions on your permissible use of the Site and any service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
18. VALIDITY OF INFORMATION
The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in any third party sites, nor are we responsible for any errors or omissions in such sites, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these sites.
19. LEARNING MATERIALS
Your use of the Site is at your own risk. By visiting this Site, you accept, agree and understand that the Site is intended for educational purposes only and you are solely responsible for your own progress and any results that you may or may not achieve in connection with any learning materials provided on this Site. You understand that we do not offer any representations, warranties, or guarantees, verbally or in writing, regarding your education, learnings, ability, or any results of any kind. You alone are responsible for any actions that you take and the results therefrom. You agree that your results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, and experience and are in no way dependent on any information or products we provided to you on this Site. You also understand that any testimonials or endorsements (herein “Opinions”) by our customers represented on this Site, or through our products, programs, books, courses, other websites, content, sales pages or offerings, are solely opinions from individuals that have not been factually or scientifically evaluated by us or proven by others. Similarly, any information contained on this Site and on our other websites, programs, content and offerings is solely our opinion and thus, not representations, warranties, or guarantees of any kind.
You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents of the Site are: Copyright © 2016 Mining Geology HQ, LLC, 221 South Second Street, Laramie, Wyoming 82070 United States. All rights reserved. No part of this Site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from the Company.
22. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
If you have any questions about the Terms and Conditions , please write to: Mining Geology HQ, LLC, 221 South Second Street, Laramie, Wyoming 82070, United States or via email to email@example.com
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you, or your agent may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org
Effective July 2016
1. GENERAL AGREEMENT
2. COLLECTION AND USE OF INFORMATION
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Company will only contact individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters, joined our online community through a social networking site, or have purchased one of our products. This Company collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, email address, and credit card information when purchasing our products or services. All of this information is voluntarily provided to us by you and the Company aims to keep this information secure.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us to improve the delivery of the Site to you and to measure traffic on the Site.
The Company may use a standard feature found in internet browser software called a “cookie” to enhance your experience with the Site. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also may prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online such as message boards, web logs, through email, or in chat areas, that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third party use of such information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
4. DMCA CLAIM DISCLOSURES
We comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). Should we receive a claim of copyright infringement, we will comply with the safe harbor requirements of the DMCA. Part of that compliance may require the disclosure of your identity if you are either the allegedly infringing party or the party filing the copyright infringement complaint.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
5. STORAGE OF INFORMATION
Your information is stored on the list server that delivers this Site’s newsletters. This information can only be accessed by Company personnel in order to deliver e-mail to those who would like to receive this Site’s newsletters. All of the newsletters or emails that are sent to you by this Site include an unsubscribe link in them. You can remove yourself at any time from our newsletters or mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.
Effective July 2016
1. AFFILIATE DISCLAIMER
This disclaimer is for the website, www.mininggeologyhq.com (the “Site”) that is owned and operated by Mining Geology HQ, LLC (the “Company”, “we” or “us”) with this disclosure in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. The Company aims to be transparent in representing hyperlinks to products or services that are freeware or shareware along with disclosing any affiliate commission links on the Site. Parts of the Site will allow you to purchase different products and services online provided by third party merchants. Some of the links that we post on our site are “affiliate links.” This means if you click on the link and purchase the item, we will receive an affiliate commission. The Company has not received any free products for endorsing a third party product or service. The only consideration is in the form of affiliate commissions.
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. In addition, a third party will likely have privacy and data collection practices that are different from ours. If you make a purchase from a third party on their site or on a site that we have posted a link to, the information obtained during your visit to the third party’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected by the third party. For more information regarding a third party’s online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that third party’s website and click on its information links or contact them directly.
By accessing the Site, you release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of any products or services made available by third parties through our site. Your participation, correspondence or business dealings with any third party found on or through our site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and that third party. You agree that we will not be responsible or liable for any loss, damage, or other matter of any sort incurred as the result of any third party transaction.
If you have any questions about the Disclaimer, please write to: Mining Geology HQ, LLC, 221 South Second Street, Laramie, Wyoming 82070, United States or contact us via email: email@example.com