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Terms of Use
The "Georgia Mining Association", "we", "our", "us")
provides this Web site and the materials located at and under the domain name
Georgia Mining Association.com (collectively, this "Site") and any
Georgia Mining Association services offered on this Site (which collectively
with this Site are referred to as the "Services") to you, the user,
subject to compliance with these terms and conditions below relating to this
Site and the Services (collectively, this "Agreement").
1. USE OF WEB SITE
Georgia Mining Association provides the Services for users of this Site to
provide information and relating to insurance products offered by Georgia Mining
Association and its affiliates. As a condition to your use of this Site and
the Services you agree that you will not: (i) use this Site or the Services
to infringe the intellectual property rights of others in any way; (ii) use
this Site or the Services or make any attempt to penetrate, modify or manipulate
this Site or the Services or any of Georgia Mining Association's hardware or
software in order to: invade the privacy of, obtain the identity of, or obtain
any personal information about (including but not limited to IP addresses of)
any Georgia Mining Association account holder or user, or modify, erase or
damage any information contained on the computer of any user connected to the
Services; or (iii) reverse engineer any portion of the Services.
The information contained on this Site is provided solely for general informational
purposes and is not intended to be a solicitation or an offer to sell in
connection with any product or service, nor is the information a complete
description of all terms, conditions and exclusions applicable to the products
and services described. Georgia Mining Association is not engaged in rendering
legal or any other advice. You are not a client of Georgia Mining Association
merely by visiting this Site.
The information contained on this Site was believed to be accurate at the
time it was posted. Georgia Mining Association periodically updates the information
on this Web site; however, Georgia Mining Association provides all information
on this Site on an "as is" and "as available" basis and
takes no responsibility for the timeliness, accuracy or applicability of the
information at the time it may be accessed.
Links on this Site may provide access to other Internet sites that are not
maintained or controlled by Georgia Mining Association. Such external Internet
addresses contain information created, published, maintained or otherwise posted
by organizations and entities independent of Georgia Mining Association. Georgia
Mining Association is not responsible for the content of those sites. Links
on this Site may also provide access to other entities affiliated with Georgia
Mining Association. This Agreement applies only to the Services offered at
the Georgia Mining Association Site. Your use of any Web site not under the
domain name Georgia Mining Association.com will be subject to the terms and
conditions posted on that Web site. Georgia Mining Association takes no responsibility
and assumes no liability for any content posted by any third party or on any
third party Web site, nor does Georgia Mining Association approve, endorse
or certify information available at any external site or linked addresses.
2. COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software,
the compilation of all content on this Site, and all software used on this
Site are the property of Georgia Mining Association, its affiliates or its
content suppliers, and are protected by United States and international copyright
laws. Trademarks owned by Georgia Mining Association or its affiliates, the
Georgia Mining Association logo, and all other trademarks, service marks,
and trade names (collectively, "Marks")
of Georgia Mining Association or its affiliates appearing on this Site are
owned by Georgia Mining Association, its affiliates or its licensor(s). Nothing
in this Agreement or on the Site grants you any right or license to make
any use of any materials or Marks on this Site other than as described in
following paragraph.
You are only authorized to visit, view and retain a single copy of pages of
this Site solely for your own individual, noncommercial use, and that you will
not duplicate, download, publish, modify or otherwise distribute any material
on this Site for any purpose other than your own individual, noncommercial
use unless otherwise specifically authorized by Georgia Mining Association.
We post legal notices and various credits on pages of this Site and the Services,
which you may not remove even from your permitted copy.
3. PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that you do not
restrict or inhibit any other user from using and enjoying the Services or
any Georgia Mining Association property or system, or use this Site or any
of the Services to:
Engage in or encourage fraudulent conduct or conduct that would constitute
any other criminal offense or give rise to civil liability;
Distribute in any manner any harmful, obscene or otherwise illegal or objectionable
material of any kind;
Spoof or otherwise impersonate any individual or entity, or forge, delete or
alter any part of TCP/IP packet header information in any e-mail or other posting;
Violate or attempt to violate, the security of the Services;
Infringe on any person's copyright or other intellectual property rights (be
advised that you may be ordered by a court to pay money damages to the rightful
owner of any intellectual property rights you violate); or
Assist or permit any persons in engaging in any of the activities described
above.
4. CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right to investigate
and to involve and cooperate with law enforcement authorities, and to pursue
a civil lawsuit or criminal prosecution for any alleged or actual illegal
activities involving this Site or any of the Services, as well as the right
to terminate your access to the Site or the Services.
5. INFORMATION YOU SUBMIT
We use the information you submit to us by e-mail and through our "Contact
Georgia Mining Association" pages and other pages we may add from time
to time, to respond to your inquiries for information or requests for Services.
Our use of any information you submit to us in order to use the Services is
subject to the terms and conditions of our Privacy Statement, which forms a
part of this Agreement. Nonetheless, Georgia Mining Association reserves the
right at all times to disclose any information as necessary to satisfy any
law, regulation or governmental request or avoid liability.
When you complete forms online or otherwise provide us information in connection
with the Site and Services, you agree to provide current, complete, true and
accurate information. You agree not to use a false or misleading name or a
name that you are not authorized to use. If Georgia Mining Association in its
sole discretion believes that any such information is untrue, inaccurate, not
current or incomplete, Georgia Mining Association may refuse you access to
our Services, and pursue any appropriate legal remedies.
The Site may use "cookies" to store some personal preferences for
your future visits to the Site. Cookies tell Georgia Mining Association, among
other things, whether you have visited the Site before. In some cases Georgia
Mining Association may store the information needed to grant you access in
a cookie. Cookies allow the Site to recognize you more quickly so your time
spent on the Site is more productive.
6. WARRANTY DISCLAIMER
YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON THIS SITE AT
YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY
DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE
IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE
CORRECTED. Georgia Mining Association DOES NOT WARRANT THAT INFORMATION AVAILABLE
ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY
PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THEIR CONTENTS
ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion
of certain implied warranties, so the above exclusions may not apply to you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE
OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT
THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE
INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY
OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR
TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS
AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO
TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY
TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING
FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A COMPANY DOING BUSINESS
IN CALIFORNIA, USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A
general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with the debtor."
8. INDEMNITY
You agree to indemnify and hold Georgia Mining Association and its affiliates
harmless, and, at Georgia Mining Association's request, to defend Georgia
Mining Association and its affiliates from and against any claim, demand,
cause of action, debt, loss or liability, including reasonable attorneys'
fees, to the extent that such action is based upon, arises out of, or relates
to: (i) your use of (or inability to use) the Services; (ii) your violation
of the terms and conditions of this Agreement; (iii) the infringement by
you, or any other person using your password and account, of any right of
any person or entity; or (iv) any other activities of yours accomplished
using the Services. This indemnity shall be in addition to and not limited
by any other indemnity.
9. ORDER OF PRECEDENCE
This Agreement governs your use of the Site and access to the Services. To
the extent that any provision of this Agreement, or any supplemental agreement
offered as any part of any registration for additional Services on this Site,
conflicts with any provision of other agreements between you and Georgia
Mining Association or any of its related or affiliated entities, the terms
of this agreement, shall, as to the specific subject matter of this agreement,
take precedence over the conflicting term(s) of that other Agreement.
10. APPLICABLE LAWS
This Georgia Mining Association Web site is controlled by Georgia Mining Association
from its offices within the State of Illinois and, subject to Section 9 above,
the substantive laws of the State of Illinois will govern any dispute arising
under this Agreement, without regard to any conflict of laws provisions.
11. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or its breach (with
the exception of rights to injunctive relief with respect to Intellectual
Property Rights and obligations with respect to confidentiality), and the
parties have not been successful in resolving the dispute through direct
negotiation, then (i) the dispute shall be resolved by arbitration administered
by the American Arbitration Association under its Commercial Arbitration
Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be
entered in any court of competent jurisdiction, (iii) the location of the
arbitration shall be Chicago, Illinois, USA, and (iv) the parties shall have
the right to take discovery of the other party by any method allowed by the
Federal Rules of Civil Procedure. The arbitrator(s) shall each be a natural
person who has never been employed (either as an employee or as an independent
consultant) by either of the parties, or any parent, subsidiary or affiliate
thereof. The arbitrator(s) may upon request exclude from in the arbitration
proceeding any evidence not made available to the other party pursuant to
a proper discovery request. The arbitrator(s) shall issue a reasoned award.
The cost of the arbitration shall be borne equally by the parties pending
the award. Upon the decision of the arbitrator(s), the prevailing party shall
be entitled to receive from the other party its reasonable attorneys' fees
and costs. The parties, their representatives, other participants, the arbitrator(s)
and the administrator(s) of the arbitration shall hold in confidence the
existence, content and outcome of the arbitration.
12. GENERAL
Georgia Mining Association may amend these Terms of Service or any other notices,
policies, terms and conditions on this Site at any time by updating this
posting or otherwise posting the changes to this Site. Accordingly, you should
visit this Site from time to time to review the then-current and effective
terms and conditions because they are binding on you. Certain provisions
of these terms and conditions may be superseded by expressly designated legal
notices or terms located on particular pages at this Site or in conjunction
with the Services. No delay or failure to take action under such terms and
conditions will constitute a waiver by Georgia Mining Association unless
expressly waived in writing by a duly authorized officer of Georgia Mining
Association. Subject to the terms of Section 9 of this Agreement for this
Site, this Agreement constitutes the entire agreement between you and Georgia
Mining Association with respect to the specific subject matter addressed
herein, and governs your use of the Services, superseding any prior agreements
between you and Georgia Mining Association relating to such subject matter,
but this Agreement may be supplemented by any other agreement you enter into
with Georgia Mining Association pursuant to a registration to access certain
features of the Site. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and that the other provisions of this Agreement remain
in full force and effect. The section headings used in this Agreement are
for convenience only and have no legal or contractual effect.
Without limiting the foregoing, Georgia Mining Association's Services at the
Site are not intended for use by or availability to minors. IF YOU ARE NOT
LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS
OF AGE, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY
DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.
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