Discovery Mining

Discovery Mining Inc. Terms of Use

 
last updated: SEPTEMBER 10, 2002
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. Discovery Mining Inc. (Discovery Mining, we, us) provides this web site and all site-related services (collectively, the Site) subject to your compliance with the terms and conditions set forth in this terms of use agreement (the Agreement). This Agreement governs the relationship between Discovery Mining and you with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site. The term you as used in this Agreement refers, as applicable, to Site visitors, registered users and Clients (as defined in Section
Subject to other contractual obligations that we may have with you, we reserve the right at any time to:

Any changes we make will be effective within thirty (30) days of notice, which we may provide by means including, without limitation, posting on the Site or electronic mail. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement (you can determine whether this Agreement has been revised since your last visit by referring to the last Updated information at the top of this Agreement).Upon our request, you agree to sign a non-electronic version of this Agreement.

1. Registration. The service areas of the Site are for the exclusive use of entities who have entered into separate consulting agreements with us (each, a Client) and their employees and agents. To access these areas of the Site you must be a registered user. As part of the registration process, each Client must provide us with the name of a single employee or agent of such Client who will be deemed such Clients system administrator Discovery Mining will allow the system administrator to create individual user accounts and otherwise administrator Clients and registered users use of the Site. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly notify your system administrator and change your password. You, YOUR SYSTEM ADMINISTRATOR AND THE APPLICABLE CLIENT are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities that ARE CONDUCTED through your account.

2. Materials on the Site. The public areas of the Site include information about our services. Unless otherwise specified on the Site, you may print only a single copy of any textual material available for downloading on the Site. The areas of the Site limited to registered users include data, text, graphics, images, logos, icons, software and links (the Materials) that are intended to facilitate access to and organization of Client Data (as defined in Section 3) stored on our servers. Unless otherwise specified on the Site, registered users only may download Materials displayed on the Site, and may use the downloaded Materials solely for the internal business needs of the applicable Client. Registered users may also execute a single copy of any software available for downloading on the Site (Software).
You must retain all copyright and other proprietary notices on any Materials or other information downloaded or copied, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials (except for the Client Data) remains the property of Discovery Mining or its licensors or suppliers. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license or consulting agreements relating to such Software or other Materials, including agreements of third parties. By using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and by the applicable Client and, in any event, you may not distribute, modify, transmit or publicly display the Materials (except for the Client Data) without the written consent of Discovery Mining or, if so indicated in writing by Discovery Mining, its licensors or suppliers.

3. Client Data and Postings. All data, information or material provided or submitted by you or the applicable Client (the Client Data), whether posted by you, such Client or by third parties, shall remain the sole property of you, such Client or such third parties, as applicable, unless specifically notified in advance. You and such Client, not Discovery Mining, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Client Data. Discovery Mining shall not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store any Client Data resulting from your acts or omissions. In the event that Client terminates this Agreement (other than by reason of your or such Client's breach), and if Client so requests at that time, Discovery Mining will make available to Client a file of the Client Data within 30 days of Discovery Mining's receipt of the termination notice. Discovery Mining reserves the right to withhold, remove and/or discard Client Data without notice for any breach, including, without limitation, your employer's non-payment. Upon our termination for cause, your and Client's right to access or use Client Data immediately ceases, and Discovery Mining shall have no obligation to maintain or forward any Client Data.

4. Code of Conduct. While using the Site, Materials and/or Software, you agree not to:

5. Information Provided by Discovery Mining. Discovery Mining hopes and believes that the Materials will be helpful, but they should not be construed as legal or other professional advice on any subject matter. Discovery Mining has endeavored to comply with legal and ethical requirements known to the Discovery Mining personnel who compiled this Site, but Discovery Mining is not engaged in rendering legal services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client relationship between you and Discovery Mining or any of our employees or agents.

6. Links. The Site contains links to other Internet web sites that are not owned or operated by Discovery Mining. Discovery Mining has not reviewed all of the web sites that are linked to the Site, and Discovery Mining has no control over such sites. Unless otherwise explicitly stated, Discovery Mining is not responsible for the Materials of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Discovery Mining offers such links does not indicate any approval or endorsement of any material contained on any linked site. Discovery Mining is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

7. Claims of Copyright Infringement. 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 U.S. copyright law. Notices and counter-notices under the DMCA with respect to the Site should be sent to Matthew Work, 36 Graham St., San Francisco, CA 94129, 415-561-6780, mwork@discoverymining.com.

8. Ownership and Restrictions on Use. The Site is owned and operated by Discovery Mining in conjunction with others pursuant to contractual arrangements. The Materials (except the Client Data) and any intellectual property and other rights relating thereto are and will remain the property of Discovery Mining and its licensors and suppliers. The Materials are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials (except the Client Data) without our prior written permission. The Materials (except the Client Data) may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Discovery Mining or, if so indicated in writing by Discovery Mining, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
The trademarks, logos, and service marks displayed on the Site (collectively the Trademarks) are the registered and unregistered trademarks of Discovery Mining, Discovery Minings licensors and suppliers, and others. The Trademarks owned by Discovery Mining, whether registered or unregistered, may not be used in connection with any product or service that is not Discovery Minings, in any manner that is likely to cause confusion with customers, or in any manner that disparages Discovery Mining. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Discovery Mining, Discovery Minings licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Discovery Mining intends to aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

9. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

10. Termination.This Agreement shall remain effective until terminated in accordance with its terms. Subject to other contractual obligations between the parties regarding the same subject matter, either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials (except Client Data) obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

11. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISCOVERY MINING AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.NO OPINION, ADVICE OR STATEMENT OF DISCOVERY MINING OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, REGISTERED USERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY.YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DISCOVERY MINING, ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY (A) AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, (B) THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR OPERATE WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (C) THAT THE SERVICE WILL MEET CUSTOMERS REQUIREMENTS OR EXPECTATIONS, (D) THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (E) THAT DEFECTS WILL BE CORRECTED, OR (F) THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.DISCOVERY MINING SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DISCOVERY MINING IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS

12. Limitation of Liability. NEITHER DISCOVERY MINING NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. EXCEPT AS EXPRESSLY AGREED OTHERWISE IN WRITING BETWEEN THE PARTIES, IN NO EVENT SHALL A PARTYS AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE TO DISCOVERY MINING IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

13. Indemnification. You agree to indemnify, defend and hold Discovery Mining, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any Client Data or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

14. Questions. The Site is provided by Discovery Mining Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at 36 Graham St., San Francisco, CA 94129, info@discoverymining.com.

15. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Francisco, State of California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter, other than a fully-executed written engagement letter between you and us pursuant to which you were provided access to this Site. This Agreement is not assignable, transferable or sublicenseable by you except with Discovery Minings prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Please review carefully Discovery Minings Privacy Policy, which is incorporated herein by reference.

Contact Discovery Mining toll free within the US at (866) 343-4205
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