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The following Terms and Conditions govern your use of the Massey Energy Company ("Massey Energy") Web site and the materials accessible on or from this site. The materials on Massey Energy World Wide Web Servers (the "Site") are provided as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms. If you do not agree to them, do not use the Site or download any materials from it.
Intellectual Property. The information on this Site, including without limitation all design, text, images, white papers, press releases, and other information, is protected under United States and other copyright laws and is owned by Massey Energy or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Massey Energy's prior written consent, except to the extent that such use is authorized under the United States copyright laws. Massey Energy's trademarks, logos, images, and service marks used on this site are the property of Massey Energy and may not be used without permission from Massey Energy and then only with proper acknowledgment.
Confidential Information. Massey Energy discourages you from sending or posting to the Massey Energy Site any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, Massey Energy will assume that it is not confidential. By sending or posting any information or material, you grant Massey Energy an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you agree that Massey Energy is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose. You are also prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law. Massey Energy may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Massey Energy, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
No Representations and Warranties. While Massey Energy attempts to make sure that only accurate and up-to-date information is presented on this Web Site, Massey Energy assumes no responsibility for, and makes no representations with respect to, the accuracy of any information presented here. Therefore, all materials and information are presented "AS IS," and MASSEY ENERGY EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL MASSEY ENERGY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED, OR LOSS OF PROFITS OR REVENUES.
Forward-Looking Statements. This Site may contain forward-looking statements. The term "forward-looking statement" means:
a. A statement containing a projection of revenues, income (including income loss), earnings (including earnings loss) per share, capital expenditures, dividends, capital structure, or other financial items;
b. A statement of the plans and objectives of management for future operations, including plans or objectives relating to the products or services of the issuer;
c. A statement of future economic performance, including any such statement contained in a discussion and analysis of financial condition by the management or in the results of operations included pursuant to the rules and regulations of the Securities and Exchange Commission;
d. Any statement of the assumptions underlying or relating to any statement described in subparagraph (a), (b), or (c);
e. Any report issued by an outside reviewer retained by an issuer, to the extent that the report assesses a forward-looking statement made by the issuer; or
f. A statement containing a projection or estimate of such other items as may be specified by rule or regulation of the Securities and Exchange Commission.
Such forward-looking statements may be identified by the use of terminology such as may, will, expect, anticipate, intend, plan, believe, estimate, goal, target, forecast, project, continue or similar expressions and may involve certain risks or uncertainties and are qualified in their entirety by the cautionary statements provided below. These cautionary statements are being made pursuant to the provisions of the Private Securities Litigation Reform Act of 1995 (the Act) and with the intention of obtaining the benefits of the safe harbor provisions of the Act for any such forward-looking information.
Massey Energy cautions investors not to place undue reliance on any forward-looking statements, as they speak only of Massey Energy's views as of the date the statement was posted at the Site. Massey Energy cautions readers that any forward looking information is not a guarantee of future performance and that actual results could differ materially due to various factors, including but not limited to factors listed from time to time in Massey Energy's reports filed with the Securities and Exchange Commission.
Massey Energy also wishes to caution investors that other factors in the future may prove to be important in affecting Massey Energy's results of operations. New factors may emerge from time to time and it is not possible for management to predict all of such factors, nor can it assess the impact of each such factor on the business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements.
Privacy. Massey Energy recognizes and respects the privacy of users of this Web Site. When you choose to provide us with information about yourself, Massey Energy will act in a responsible manner. Massey Energy may store and disclose personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to (a) protect the rights, safety or property of Massey Energy or others and (b) conform to legal or regulatory requirements. Without your express approval, however, Massey Energy will not trade, sell or rent your personal information but may collect and/or provide aggregate statistics about its Site and users to other parties. Massey Energy has no intention of collecting any personal data from individuals under 13 years of age. The only information we automatically collect is that related to the use of our web site. This information is anonymous and is gathered through our servers' log files. These log files record generic information, such as the number of visits our web site receives, the types of browsers used and the number of files downloaded, but never personal information. This log file information allows us to create better content aimed at our viewer's preferences.
Use of Cookies. When you view certain parts of the Site, information may be stored on your computer. This information will be in the form of a "Cookie" or similar file and will permit tailoring of the Web site to better match your interests and/or preferences. Cookies, by themselves, are not able to extract any personal information from you. This cookie automatically identifies your computer - but not you - to our servers when you visit our Site. Unless you specifically tell us, Massey Energy will never know who you are, even though we may assign your computer a cookie. Also, Massey Energy web sites can only read cookies created by Massey Energy web sites. Cookies allow us to personalize our Site for you and to provide you with information that fits your needs and desires. This Site, however, contains links to other Web sites and Massey Energy does not control the privacy policies of those sites. (See the section below on Linking.) This privacy statement only applies to information collected and maintained by Massey Energy.
Linking. As a convenience, this Site contains links to other sites that are not controlled by, or affiliated or associated with, Massey Energy. Accordingly, Massey Energy does not make any representations concerning the privacy practices or terms of use of such sites, nor does Massey Energy control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such sites. The inclusion or exclusion does not imply any endorsement by Massey Energy of the site, the site's provider, or the information on the site. Massey Energy is not responsible for the content of any linked site or any link contained in a linked site. Massey Energy reserves the right to terminate any link or linking program at any time. Massey Energy does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Governing Law. The internal laws of the Commonwealth of Virginia, without reference to any choice of law provisions, shall govern any claims relating to the Web site or to the materials on it.
Violations of Terms and Conditions. Massey Energy reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MASSEY ENERGY FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
Massey Energy may revise these Terms and Conditions at any time. Revisions will be posted on this "Terms and Conditions" page and users are responsible for reviewing the page from time to time to ensure compliance.
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