The following Terms & Conditions apply to any and all use of this Website. Please review these Terms & Conditions carefully before viewing or using this Website. Viewing, downloading, or otherwise accessing or using any information, data and/or other content contained on this Website in any manner constitutes your agreement that you have read, understand and will abide by and be bound by the Terms & Conditions set forth below. Do not use this Website or view, download or otherwise access or use any of the information, data, and or content contained on this Website if you do not agree to the Terms & Conditions set forth below. Armstrong Coal Co., Inc. and its subsidiaries, parent companies, affiliates, officers, directors, employees, agents and/or licensors ("Armstrong") reserve the right to change these Terms & Conditions at any time by posting notice of such changes on this Website, and to deny access to any person or entity that violates these Terms & Conditions.
Use of This Website
The information, data and any other content on this Website is protected by copyright, trademark, trade dress, or other intellectual property rights and is the property of Armstrong and/or third parties who have licensed use to Armstrong. Nothing on this Website shall grant in any way whatsoever any license or right to use of the information, data, content, and/or other intellectual property located on this Website. You may view, download, copy and distribute the information found on this Website for personal, noncommercial, and/or educational purposes only. Such right does not include any rights with respect to the design or layout of the Website.
You may not modify any information, data or other content on this website nor publicly transmit, broadcast, display, or otherwise use such information, data and/or content for any commercial purpose whatsoever. Users of this Website acknowledge that they do not acquire any ownership interest or other rights to any information, data and/or content located on this Website by accessing, downloading, or storing such information, data and/or content. Users of this Website further acknowledge that any data, information and/or other content submitted by them to Armstrong through this Website or generated, developed or otherwise created by their use of this Website shall be the exclusive property of Armstrong. All rights not expressly granted herein are reserved. Any use of this Website for an unlawful purpose is prohibited.
Users of this Website are prohibited from breaching or attempting to breach the security of this Website, the information, data and/or content contained on this Website, and/or any Armstrong servers. Users of this Website are also prohibited from accessing information, data and/or other content on this Website not intended for them or logging into, hacking, or otherwise unlawfully accessing any account or server which they are not authorized to access. Users of this Website are additionally prohibited from attempting to interfere with or deny the use of this Website to any user and from using this Website in any manner to aid in the transmission of unsolicited or "spam" electronic mail.
Armstrong discourages users of this Website from submitting, posting, sending, transmitting or otherwise providing any information, data, and/or other content via this Website that is considered confidential, proprietary, or otherwise protected from disclosure in anyway whatsoever. Should such information be submitted, posted, sent, transmitted and/or otherwise provided via this Website, Armstrong will assume such information is not confidential, proprietary, or otherwise protected from disclosure.
DISCLAIMER OF WARRANTY
USERS OF THIS WEBSITE EXPRESSLY AGREE THAT THEIR USE OF THIS WEBSITE IS AT THEIR OWN RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY HARDWARE OR SOFTWARE OR ANY LOSS OF DATA THAT RESULTS FROM THEIR ACCESS, USE AND/OR DOWNLOAD OF THE INFORMATION, DATA AND/OR CONTENT LOCATED ON THIS WEBSITE. ARMSTRONG MAKES NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE INFORMATION, DATA AND/OR CONTENT CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, DATA AND/OR CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES REQUIRED BY THE GOVERNING LAW APPLICABLE TO THIS WEBSITE.
ARMSTRONG DOES NOT WARRANT THAT THIS WEBSITE WILL BE CONSISTENTLY AVAILABLE OR THAT IT WILL NOT CONTAIN ERRORS, NOR THAT THE INFORMATION, DATA AND/OR CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR OTHERWISE USEFUL FOR ANY PARTICULAR PURPOSE. CHANGES MAY BE MADE TO THE INFORMATION, DATA AND/OR CONTENT ON THIS WEBSITE WITHOUT NOTICE AT ANY TIME. ARMSTRONG MAY DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE ENTIRETY OF THIS WEBSITE, OR ANY PART THEREOF, WITHOUT NOTICE.
WAIVER OF DAMAGES
IN NO EVENT SHALL ARMSTRONG BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, INCLUDING DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION, DATA AND/OR CONTENT PRESENTED ON THIS WEBSITE, AS WELL AS DAMAGES RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, LOSS OF DATA, DEFECT, DELAY IN OPERATION OR TRANSMISSION, MALICIOUS SOFTWARE, OR LINE OR SYSTEM FAILURE, EVEN WHERE ARMSTRONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Website may contain links to third-party websites ("External Websites"). The External Websites are not owned or controlled by Armstrong, nor is Armstrong responsible for the information, data, and/or content contained on the External Websites or for any changes, modifications, additions, deletions, or suspension or cessation of any of the External Websites. Armstrong provides the External Links as a convenience. The providing of links to the External Websites should in no way be interpreted to be an endorsement by Armstrong of the External Websites or the operators of the External Websites, nor of any of the information, data and/or content contained on the External Websites.
Governing Law & Jurisdiction
These Terms & Conditions shall be governed by the laws of the State of Missouri without reference to any choice of law provisions. The Courts of the State of Missouri shall have exclusive jurisdiction over any dispute arising under these Terms & Conditions or relating to any use of this Website by any user. Users of this Website irrevocably consent to the jurisdiction of the Courts of the State of Missouri over any such dispute or any action relating to any use of this Website by such user.
If any court of competent jurisdiction finds any provision of these Terms & Conditions unenforceable, such provision will be enforced to the maximum extent possible in light of such court's finding and all remaining provisions of these Terms & Conditions will remain in full force and effect.
Copyright Infringement Notification
If you believe that any of the information, data and/or content contained on this Website infringes a copyright, trademark, trade dress, patent or other right of another party, please contact Armstrong at:
Armstrong Energy, Inc.
Attention: Jacquelyn A. Jones, General Counsel
7733 Forsyth Boulevard
St. Louis, MO 63105
Armstrong does not collect personally identifiable information (such as name, address, telephone number, or electronic mail address) from users of this Website unless such information is voluntarily submitted by a user of this Website. Armstrong will not sell, trade, lease, rent or otherwise disclose personally identifiable information of the users of this Website to third-parties without consent unless such disclosure is required by law or is necessary to respond to an inquiry or request by such user, to enforce these Terms & Conditions, or to otherwise protect the rights, property and/or safety of any person or entity.
Armstrong may compile and maintain information from users of this Website regarding usage of this Website including, but not limited to, the number of visitors to this Website, the pages viewed by each user within this Website, methods of accessing this Website, amount of time spent by users on this Website, sites that link to or refer users to this Website, the IP addresses of users of this Website, and browser and operating systems and versions used by users of this Website. In addition, Armstrong may from time to time use "cookies," or text files allowing a Website to recognize repeat users, in connection with a user's access or use of this Website. This Website may therefore automatically collect cookies or other information from users of this Website, including but not limited to domain names and IP addresses.
While Armstrong will work diligently to ensure that any information about the users of this Website remains confidential, Armstrong cannot guarantee that such information will be secure and remain confidential at all times. Armstrong will not be held responsible for any damages or events whatsoever resulting from any third-party's unauthorized access of the information Armstrong may have regarding the users of this Website.
Any information that Armstrong has collected via this Website may be transferred to any party or parties that subsequently obtain ownership or control of Armstrong.
While Armstrong has no obligation to monitor this Website or the use of this Website, Armstrong reserves the right to monitor, retain, review and/or disclose any information as necessary to comply with any applicable law, regulation, legal process or governmental request or to cooperate with law enforcement and other authorities in investigating allegedly illegal activity. We may use IP addresses to identify users of this Website where we feel it is necessary to protect Armstrong, this Website, our customers, and/or any other individual or entity.
This Website is not intended for use by children, nor directed towards children. Armstrong will not knowingly collect any information from children. Any persons under the age of eighteen (18) should consult with their parent or guardian prior to any use of this Website.
Armstrong Energy, Inc.
Attention: Jacquelyn A. Jones, General Counsel
7733 Forsyth Boulevard
St. Louis, MO 63105
By viewing, downloading, or otherwise accessing or using any information, data and/or other content contained on this Website in any manner, users of this Website agree to indemnify, defend, and hold harmless Armstrong and its subsidiaries, parent companies, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, loses, liabilities, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms & Conditions or from any use of, or reliance on, the information, data and/or content contained on this Website, including negligent or wrongful conduct, by such user of this Website.