Last Revised: [03/25/2019]
1. Third Party Websites, Products, and Services; Additional Terms.
You may need to use or obtain additional products or services in order to access and use the Site, such as a computer, laptop or other device, internet access, or a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).
2. Appropriate Use of the Site and Content.
The Site and all information, materials and other content included on the Site (collectively the “Content”) is provided to you for individual, personal, and non-commercial use. Except for the limited right to view set forth in this Section, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign the Site or Content to any third party. Nor may you communicate the Content to the public, remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site or Content, not to use the Site or Content in a way that suggests you are a representative of Company, and not to use the Site or Content as a platform for external applications. The Site and Content may not be used to develop applications, services, websites, or any other functionalities that leverage the Site or Content. Any scraping, automated access, or other unauthorized access to and storage of Site or Content will result in immediate termination of your access to the Site, your account, and Content. You may not use the Site or Content for any illegal purpose. Use of the Site or Content for any purpose other than what is described in this Section is prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of Company or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Company copyright. Any rights not expressly granted herein are reserved.
3. Registration, Username, and Password.
You may register an account on the Site in order to access and use the full functionality of one or more of the services on the Site (“Account”). You agree to provide current, complete, and accurate account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at: ALUOperations@hnrg.com if you suspect any unauthorized use of your Account, the Site, or any other breach of security. You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. Company is not and will not be liable for any loss or damage arising from your failure to comply with these obligations. Depending on your account type or other criteria, your Account may not have full access to all features or functionality available through the Site. You agree not to attempt to access any (if any) restricted features or functionality. Upon registration for an Account, you will be asked to provide us with a telephone number at which we can reach you. That number is required so that we can reach you with informational calls and SMS and/or MMS text messages related to your transactions with us. The frequency of text messages that we send to you depends on your transactions with us and you consent to receive text messages sent through an automatic telephone dialing system. All calls to and from us may be monitored or recorded for quality and training purposes.
4. Site Availability.
You may access the Site if and when it is available. Company does not guarantee availability of the Site or Content. The Site may occasionally be down for service, upgrades, or for other reasons. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. To the maximum extent authorized under applicable law, Company reserves the right to (i) change, remove, delete, restrict, block access to, or stop providing any or all of the Site and Content at any time and without notice, and (ii) suspend your Account, your use of the Site, and discontinue your access to the Content made available to you through the Site at any time without notice.
5. Information Disclaimers/No Obligation to Update.
Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Content may be out of date and may contain technical inaccuracies or typographical errors. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider, or any other person or entity. Any reliance on the Content on this Site is at your own risk. Company assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.
6. Site Support.
Company has no obligation to provide any support in relation to the Site or Content.
7. Warranty Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. COMPANY AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE PURCHASE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT COMPANY’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
8. Disclaimer of Certain Damages.
IN NO EVENT WILL COMPANY OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS, EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 8 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
9. Limitation of Liability and Exclusive Remedies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 7 OR 8, COMPANY’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE AND CONTENT UP TO $100. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE SITE, CONTENT OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 9 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Independent Remedies.
The exclusion of damages under Section 8 is independent of your exclusive remedy in Section 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 and 9 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
11. Dispute Resolution.
For any dispute or claim you may have arising out of or relating to the Site, Content or these Terms, you and we will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to us will be sent to the contact in Section 14. We will attempt to notify you in writing if we have your email or mailing address. You and we each agree to negotiate disputes and claims in good faith.
You hereby agree to defend, indemnify, and hold Company, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and Content; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law.
Company may give you all required notices (including legal process) that Company is required to give by any lawful method, including by posting notices on the Site or by sending it to any email or mailing address that you provide to Company. You agree to provide current and accurate contact information to Company and to check for notices posted on the Site. You agree to send Company any notice to the following email address: ALUOperations@hnrg.com.
14. Users or Visitors Outside the U.S.
This Site is controlled by Company from its offices within the United States of America. Company makes no representation that Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
15. Changes to these Terms.
Company reserves the right to change these Terms at any time upon notice to you which may be provided by updating these Terms on the Site. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://www.hancockrecreation.com/terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Site after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you should stop using this Site.
16. Reservation of Rights.
Any and all rights, titles, interests, copyrights, or other intellectual property rights in the Site and Content belong to Company or its licensors and suppliers. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
You may terminate your Account or your use of the Site at any time. Company reserves the right to terminate your Account and these Terms and to suspend or terminate the Site or your access thereto at any time with or without prior notice. Sections 4-12 and 14-19 of these Terms will survive termination.
18. Governing Law.
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. The laws of the State of New York will govern the interpretation of these Terms applies to all claims under or for breach of it or relating to the Site and Content (regardless of conflict of laws principles). You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Borough of Manhattan, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Company intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in a written document signed by Company. Both you and Company warrant to each other that, in entering these Terms, neither Company or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Company, or Company’s successors and permitted assigns, will have any right to enforce any of these Terms.
Copyright © 2019 Hancock Natural Resources Group. All rights reserved. Hancock Natural Resources Group, 197 Clarendon Street, C-08-99, Boston, MA 02116