Terms & Conditions
Please carefully read these Terms & Conditions (these “Terms”). These Terms form a legal contract between you and Xcoal Energy & Resources (“we”, “us”, or “Xcoal”). These Terms govern your access to and use of the www.xcoal.com website (the “Website”) and the Content (defined below) and services that we and/or our affiliates and other related entities provide via the Website (collectively, “Services”).
1. Acceptance of the Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
4. License. Subject to the terms and conditions of these Terms, Xcoal grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to display the pages of the Website and to view, copy, print the materials and content made available through the Website (collectively, the “Content”) solely for your internal business use and solely as intended through the provided functionality of the Services and as permitted under these Terms. Nothing in these Terms shall be deemed to confer any rights or benefits to third parties.
5. Ownership. As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights, including, without limitation, all copyrights, trademarks, patents, trade secrets, inventions, know-how and all software, code, scripts, proprietary methods and systems used to provide the Services (“Our Technology”). Our Technology may be subject to copyright protection. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website according to these Terms. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Website, including its "look and feel", constitute trademarks, trade names, service marks, trade dress or logos (“Marks”) of us or other entities. All Marks not owned by Xcoal that appear on the Website are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Xcoal and its licensors reserve all rights not expressly granted in and to Our Technology.
6. Unavailability. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. Xcoal cannot, and does not, guarantee any specific minimum availability of the Services.
8. Modification to the Services. We reserve the right to modify Our Technology, including the Website and Services, at any time without notice. We also reserve the right to discontinue Our Technology, including the Website and Services, at any time.
9. General Restrictions. You agree not to: (i) use the Services in any manner that infringes the copyright, trademark, trade secret, or other intellectual property, privacy or proprietary right of others or violates our policies; (ii) modify, prepare derivative works based upon, distribute, relicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise distribute to third parties the Services, unless expressly authorized in writing by us to do so; (iii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from Our Technology, (iv) copy, replicate, transcribe or reproduce the “look and feel” of the Website, or any of its features and functionalities; (v) link to, mirror or frame any portion of the Website; (vi) use the Website for illegal purposes or for promotion of dangerous activities; (vii) use a spider, robot or any other automated means to access, view or retrieve any of the Content; (viii) interfere with or disrupt, or attempt to interfere with or disrupt, the Website; (ix) attempt to gain unauthorized access to the Website or computer systems or networks connected to the Website; or (x) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
10. Feedback. We welcome your feedback, comments, ideas and reviews about the Services (“Feedback”). You agree, however, that by submitting Feedback to Xcoal, (i) such Feedback shall be deemed to be non-confidential, and (ii) Xcoal and its agents shall be free to use such information on an unrestricted basis, without compensation, acknowledgement or notice to you.
12. Third-Party Service Providers. Xcoal uses third parties to provide certain portions of the Services. For example, we have engaged service providers to provide website development, hosting and support on our behalf.
13. Term; Termination; Survival. These Terms will become effective and binding as set forth in Section 1 above. Without limiting other remedies, we reserve the right to limit or partially terminate or suspend the Services, prohibit your access to the Website, and take technical and legal steps to keep any users off the Website if we think that you or they are creating possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with our policies. The provisions of Sections 1, 5, 9, 10, 13 (to the extent that third party terms survive), and 14 – 17 will survive the termination of these Terms.
14. No Warranties. THE SERVICES AND OUR TECHNOLOGY ARE PROVIDED "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XCOAL DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA, AVAILABILITY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE SERVICES AND OUR TECHNOLOGY IS AT YOUR OWN RISK. XCOAL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SAFE OR VIRUS FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT. XCOAL IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD- PARTY OFFERINGS. XCOAL DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE. XCOAL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT OR DATA PROVIDED ON THE WEBSITE OR WITH RESPECT TO ITS COMPREHENSIVE, COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
15. Limitation of Liability. IN NO EVENT SHALL XCOAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES OR AGENTS (THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES RELATING TO THESE TERMS OR TO THE SERVICES OR OUR TECHNOLOGY (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE PROTECTED ENTITIES WERE PREVIOUSLY ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR OTHERWISE RELATING TO THE SERVICES OR OUR TECHNOLOGY (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED $500. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL TERM BETWEEN YOU AND XCOAL RELATING TO THE PROVISION OF THE SERVICES OR OUR TECHNOLOGY, AND XCOAL WOULD NOT PROVIDE SUCH ITEMS TO YOU WITHOUT SUCH LIMITATIONS. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Protected Entities (defined above) from and against any and all claims, damages, obligations, losses, liabilities, penalties, costs or debt, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) your violation of any term of these Terms; (ii) your violation of any third party right; or (iii) any unauthorized or unlawful activity otherwise related to your use of the Website or Services or your negligent or wrongful conduct.
17. Miscellaneous Provisions.
Copyright. If you believe your copyright has been violated by content accessible on the Website, please contact us by email at firstname.lastname@example.org or call us at +1(724)520-1630.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by Xcoal without restriction. Any purported delegation, transfer or assignment by you shall be null and void.
Electronic Communications. The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
Governing Law. These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, excluding its rules regarding conflicts-of-law, and each party shall submit to the personal and exclusive jurisdiction of the courts of Pennsylvania.
No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Contact Us. Please contact us by email at email@example.com or call us at +1(724) 520-1630 if you have any questions or comments on these Terms.