Terms & Conditions
The North American Coal Corporation
PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR DOWNLOAD MATERIALS FROM THIS SITE.
1. USE OF THIS WEBSITE This website (the "Site") is owned and provided by The North American Coal Corporation and its subsidiaries and affiliated companies (collectively the "Company") for your personal information and non-commercial use. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws.
You shall use this Site for lawful purposes only. You shall not post or transmit through this Site any information or material that violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable. Nor shall you post or transmit through this Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without the Company's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in the Company's opinion, restricts or inhibits any other user from using or enjoying this Site will not be permitted.
The Site contains information and materials (collectively "Materials") that are derived in whole or in part from information and materials supplied by the Company and other sources, and are protected by international copyright, trademark and other laws, including, but not limited to, text, software, photos, video, graphics and audio, and the entire content of this Site is copyrighted as a collective work under the copyright laws of the United States. The Company owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including, but not limited to, the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, noncommercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of this Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of the Company's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other website or networked computer or environment is prohibited without the Company's express written consent. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials. You may also be subject to liability to the Company or to third parties as a consequence of such breach.
2. DISCLAIMER THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
POSTINGS ARE MADE AT SUCH TIMES AS THE COMPANY DETERMINES IN ITS DISCRETION. READERS SHOULD NOT ASSUME THAT THE INFORMATION CONTAINED ON THIS SITE HAS BEEN UPDATED OR OTHERWISE CONTAINS CURRENT INFORMATION. THE COMPANY DOES NOT REVIEW PAST POSTINGS TO DETERMINE WHETHER THEY REMAIN ACCURATE, AND INFORMATION CONTAINED IN SUCH POSTINGS MAY HAVE BEEN SUPERSEDED.
THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
3. THIRD-PARTY SITES The Company may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content, or the use of such website. If you use these sites, you do so at your own risk. The Company makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that the Company is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of the Company.
4. THIRD-PARTY CONTENT Any opinions, statements, services, offers or other information or content expressed or made available in this Site by any third party are those of the respective author(s) or distributor(s) and not of the Company.
5. LIMITATION OF LIABILITY Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS; LOST DATA OR PROGRAMS; AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
The Company's obligations and responsibilities regarding its products and services are governed solely by the Company's terms and conditions of sale or license under which such products and services are sold or licensed.
6. INFORMATION PROVIDED BY YOU It has been and remains the Company's policy not to accept or consider ideas, suggestions or materials other than those that the Company has specifically requested from you. Accordingly, the Company does not want you to, and you should not, send any confidential or proprietary information to the Company through our Site unless specifically requested by the Company. Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you automatically grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send the Company for any purpose.
As further provided above, the Company does not want to receive, and you are deemed to covenant and agree through the use of this Site not to provide, any information or materials to the Company that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
7. CHANGES The Company reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added or removed and updated without notice at any time; however, the Company is under no obligation to update Materials. The Company may also make changes in the products, services, programs or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change the Company makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
8. LINKING Anyone linking to the Company's website must comply with all applicable laws.
9. INTERNATIONAL USERS This Site is administered by the Company from its offices in the United States. Materials published at this Site may refer to products, programs or services that are not available in your country. Furthermore, the Company makes no representation that the Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
10. COPYRIGHT INFRINGEMENT NOTIFICATION If you believe that any of the information posted to this Site infringes a copyright, trademark, patent or other right of another party, please contact North American Coal Corporation at:
5340 Legacy Drive, Suite 300
Plano, Texas 75024
Tel: (972) 448-5400
11. GOVERNING LAW These Terms shall be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between the Company and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
The North American Coal Corporation
THIS POLICY EXPLAINS:
Information We Collect, and How We Use It
How We Protect Your Information
INFORMATION WE COLLECT AND HOW WE USE IT North American Coal Corporation does not collect any personally identifiable information from you (e.g., name, address, telephone number, e-mail address) unless you voluntarily choose to submit or otherwise disclose such information to us, including information submitted or disclosed by mail, telephone, fax or electronically. We will not sell, trade or rent your personally identifiable information to third parties. We may disclose such information to our subsidiaries, affiliates or agents to help us manage our website and our other business operations. Otherwise, North American Coal Corporation will only use your information to respond to a request by you for information or, if appropriate, to consider your request for consideration of employment with North American Coal Corporation or its subsidiaries.
If requested, North American Coal Corporation may have one of its subsidiaries, affiliates or agents or another person or entity, contact you, in which case your personal information will be provided to the subsidiary, affiliate or agent to assist it in providing customer service to you.
North American Coal Corporation may store and process voluntarily submitted personally identifiable information to better understand your needs and how we may improve our products and services. Unless otherwise stated or requested by you, we may use your personally identifiable information to contact you. For example, we may send you marketing materials or other information, respond to your comments or requests, or contact you if needed in the course of processing or shipping your order for products or services offered over our websites.
If you have submitted personally identifiable information through this website, or if someone else has submitted your personally identifiable information through this website, and you would like to have that information deleted from our databases, or those of our subsidiaries or affiliates, please contact us via e-mail, send a letter to our webmaster by mail or call us at the addresses or number indicated below. We will then use reasonable efforts to remove your personally identifiable information from our database.
The North American Coal Corporation
5340 Legacy Drive, Suite 300
Plano, Texas 75024
Tel: (972) 448-5400
JOB APPLICATION INFORMATION We may collect personal data from persons interested in applying for employment with North American Coal Corporation or its affiliates. Resumes will not be used for marketing purposes, but may be disclosed within the North American Coal Corporation family of companies, and to other third parties as part of our consideration of your application. North American Coal Corporation is an equal opportunity employer and does not discriminate on the basis of race, color, religion, creed, ethnicity, national origin, lineage or citizenship, gender, age, disability, sexual orientation, marital status, military status or any other legally recognized protected basis under federal, state, or local laws, regulations or ordinances
For job openings in the United States, information you provide will be added to the Company’s Applicant Registration Database to create an ID and password so you can create a job application. Such information will be accessed by the Company and/or its affiliates or subsidiaries for the purpose of assessing your suitability for a job with the Company or one of its affiliates or subsidiaries. Your information will also be accessed by the Company’s third-party service providers providing hosting or other services to the Company in connection with its careers database, including technical staff maintaining or managing access and registration rights. If you decide not to register you will not be able to use this tool to submit or manage your employment application. By registering, you acknowledge and approve that your registration information may be processed by North American Coal Corporation or its affiliates or subsidiaries for the purpose of evaluating your application for employment and performing any related activities. By registering, you also acknowledge and approve that your registration information may be stored and processed on the Company servers and/or the servers of Company authorized third party service providers.
For job openings outside the United States, by submitting your personal information you also acknowledge and approve that your information may be transferred to, stored and processed on servers outside the United States, which may be maintained by a third-party service provider, for the purpose of evaluating your application for employment and performing any related activities; and that your information may be transferred from the United States to the country where a potential employer, which is an affiliate or subsidiary of the Company is located.
APPLICABLE LAW Although this website may include offerings in multiple languages and may allow you to contact North American Coal Corporation subsidiaries, affiliates or other persons or entities throughout the world, this site is subject only to U.S. and Delaware privacy laws. These laws may differ from privacy laws outside Delaware and the U.S.
NON-PERSONALLY IDENTIFIABLE INFORMATION COLLECTED AUTOMATICALLY In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet browser or computer operating system you are using, the domain of the website from which you came to our site, demographic information in aggregate form, and user preferences in site content and advertising. North American Coal Corporation may use this information to help us in website research and development.
INFORMATION FROM CHILDREN North American Coal Corporation does not direct its website to children under thirteen (13) years of age. Individuals under eighteen (18) should consult with their parent or guardian about the use of this website for their benefit.
MONITORING, ENFORCEMENT AND LEGAL REQUESTS North American Coal Corporation has no obligation to monitor this website or the use of the website, or to retain the content of any user session. However, North American Coal Corporation reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. We may use IP addresses to identify a user when we feel it is necessary to protect our service, website, customers or others.
HOW WE PROTECT YOUR INFORMATION
TRANSMISSION ERRORS OR UNAUTHORIZED ACTS Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, North American Coal Corporation cannot ensure or warrant the security of any information you transmit to us or any information provided by our on-line services, and you do so at your own risk. North American Coal Corporation will not be liable for disclosures of your personal information due to errors in transmission or unauthorized acts of third parties. However, once we receive your transmission, we do our best to ensure its security on our systems by making reasonable efforts to protect the information.
SECURITY Any information provided to North American Coal Corporation is treated with care and discretion. North American Coal Corporation will take a proactive approach to ensure the information is kept private and not misused.
What is a cookie?
A cookie is a small text file or a piece of information that may be stored on your computer or mobile device when you visit a website. Almost every website uses cookie technology. Cookies serve a number of purposes such as letting you navigate between webpages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our Website before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests. This functionality makes cookies extremely useful to improve your user experience when you return to a website you have already visited.
How long do cookies last for?
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are 'session cookies'. These cookies exist only while your browser is open and are deleted automatically once you close your browser. Other cookies are 'persistent cookies'. These cookies survive after your browser is closed until a defined expiration date. They can be used by websites to recognize your computer when you open your browser and browse the Internet again.
What other technologies are used to track my North American Coal Site visits?
We may also use other tracking technologies, such as pixel tags and web beacons, to better tailor the North American Coal Sites in order to provide a better service. These technologies usually work in conjunction with cookies. To disable cookies used on the North American Coal Sites, and therefore any other tracking technologies that work in conjunction with these cookies, please follow the instructions below.
What types of cookies do we use?
There are two broad categories of cookies.
Cookies that are essential for the operation of the North American Coal Sites, also known as Strictly Necessary Cookies, enable features without which you would not be able to use the North American Coal Sites as intended. Your consent is not required for the use of Strictly Necessary Cookies, which is why Strictly Necessary Cookies cannot be disabled using the features of or the links on the North American Coal Sites. However, you have the option to completely disable cookies in your browser at any time. The other category of cookies is cookies which are not essential to use the North American Coal Sites. Nevertheless, these cookies do still fulfil important functions. You may disable any of these cookies via your browser settings or by using the links provided in the list below. However, if you do so, various functions of the North American Coal Sites may be unavailable to you or may not work the way you want them to.
The specific types of cookies served through the North American Coal Sites are described below:
Strictly Necessary Cookies: These cookies are necessary to provide you with services available through the North American Coal Sites and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like stored passwords for log-ins, would not be possible.
Analytics Cookies: These cookies collect information that is used in aggregate form to help us understand how the North American Coal Sites are being used or how effective the North American Coal Sites are. This information will be used for the purpose of evaluating your use of the North American Coal Sites, compiling reports on the North American Coal Site activity for the North American Coal Site operators and providing the North American Coal Site operators with other services relating to the North American Coal Site activity and internet usage.
Functionality Cookies: These cookies collect information to help us customize the North American Coal Sites for you. They can be used to recognize you when you return to the North American Coal Sites. This enables the operator to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Advertising Cookies: These cookies are used to make our advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
Social Media Cookies: On some pages of the North American Coal Sites, third parties that provide applications through the North American Coal Sites may set their own cookies in order to track the success of their applications or customize applications for you. For example, when you follow the North American Coal using a social media button on the North American Coal Site (e.g. LinkedIn), the social network that has created the button will record that you have done this. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of the North American Coal Sites may also contain embedded content, such as video content from YouTube, and these sites may set their own cookies.
Beacons and Widgets: Web beacons operate in a similar way to cookies and are placed on websites or in an e-mail in order to monitor the behavior of the user visiting the website or sending the e-mail.
How to control or delete cookies
You can control cookies served through the North American Coal Sites using any of the following means:
Browser settings. While most web browsers accept cookies by default, you can change your browser's settings to reject and/or to remove cookies. As the precise means by which you may do this will vary from browser to browser, please visit your browser's help menu for more information.
Please also note that if you choose to reject or remove cookies, doing so may prevent certain features or services of the North American Coal Sites from working properly and therefore affect your experience while on the North American Coal Sites. Areas of the North American Coal Sites that can potentially incorporate content from third parties, and which therefore place third-party cookies, will not be available to you. If that is the case you will be informed accordingly. Since your cookie opt-out preferences are also stored in a cookie in your website browser, please also note that if you delete all cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choices.
Changes to the Notice
This Notice was last updated on April 23, 2018. A notice will be posted on our Website home page for 30 days whenever this Notice is changed in a material way. By continuing to use the North American Coal Sites you confirm your continuing acceptance of this Notice.