eMinePortal

Rules of Use

Effective Date: August 1, 2000

These Rules of Use govern the use of eMinePortal^™ by any person using eMinePortal ("Users"), including those visiting eMinePortal ("Visitors"), and those persons who have entered into Participation Agreements as Sellers and/or Buyers. By using eMinePortal, each User agrees to comply with these Rules of Use.

EMinePortal was established by Joy Technologies Inc. d/b/a Joy Mining Machinery ("Joy") as a service to the mining industry community. EMinePortal provides a business-to-business Internet portal to provide access to content and other resources of interest to the mining community and to enable Sellers and Buyers of products and services of interest to the mining industry and related businesses to efficiently enter into and administer business transactions ("eTransactions"). EMinePortal is hosted and administered by Atlas Commerce U.S., Inc. ("Atlas"), a contractor to Joy.

1. AMENDMENTS. These Rules of Use may be amended at any time by posting the amended Rules of Use on eMinePortal. Joy may change, suspend or eliminate any feature, functionality or other aspect of eMinePortal at any time without liability to any User.

1. USERS. Visitors to eMinePortal may view materials and information designated for public access. Only Users who have entered into, and are in compliance with, applicable Participation Agreements are permitted to sell or purchase, or to offer to sell or purchase, products or services in eMinePortal. Visitors who are interested in becoming authorized Sellers and/or Buyers should contact Chuck Fickter, eMinePortal Community Manager, at cfickter@joy.com or 724/779-4553.


2. SYSTEM INTEGRITY. Users shall not by the use of any device, software or scheme permit the introduction in eMinePortal of any viruses, worms, or other mechanism intended to damage or interfere with the proper operation of the eMinePortal or any eTransaction, or to intercept or expropriate any system or any proprietary or confidential data or information. Users shall not take any action which imposes an unreasonably large load on eMinePortal, such as "spam" or other unsolicited mass email techniques.


3. INFORMATION POSTED ON EMINEPORTAL.


1. Much of the information posted on eMinePortal is provided by third parties and is constantly changing. Joy makes no representation or warranty whatsoever with respect to the accuracy, timeliness or completeness of any information posted on eMinePortal.
   
2. Rights in Information. Except for information which is designated as confidential in any applicable Participation Agreement, information posted to eMinePortal is public. Users and third-party content providers are solely responsible for information which they post on eMinePortal. Except as may otherwise be provided in any applicable Participation Agreement, Joy shall have a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect all information posted on eMinePortal.
   
3. Restrictions on Postings. Users shall not post information which: (i) infringes any third party's rights, including but not limited to intellectual property, publicity or privacy; (ii) is defamatory, trade libelous, threatening or harassing; or (iii) is obscene, indecent or contains pornography.
   
4. Joy Rights. Joy has the right in its sole discretion to take any action which it deems proper with respect to incorrect or inappropriate information posted on eMinePortal, including but not limited to deleting such information and terminating rights of use of any User posting the same. Joy does not, however, control or endorse any information posted on eMinePortal. Under no circumstances shall Joy have any liability with respect to any information posted on eMinePortal, whether inaccurate, defamatory, tortious or illegal, or with respect to any claim alleging any duty to evaluate or control any such information.
   
4. LINKS. With specific written approval from Joy, Users may provide hypertext links to eMinePortal from other web sites. Any links to third-party web sites which may be contained in eMinePortal are provided solely as a convenience to Users, and Joy shall have no responsibility or liability with respect thereto.
   
5. COMPLIANCE WITH LAWS. Users must at all times comply with all applicable federal, state or local laws, statutes, ordinances and regulations regarding eMinePortal, eTransactions, and the posting and retrieval of information, including without limitation those governing antitrust, unfair competition, false advertising, and taxes. In particular, no User shall attempt to use eMinePortal in any manner which could facilitate collusion or other illegal agreements among competitors, or could expose other Users to claims or inquiries as to the same. Joy may report any suspected wrongdoing to appropriate government agencies.
   
6. TERMINATION. Joy may immediately terminate any or all rights of use, and/or any ID or password, of any User which breaches any of these Rules of Use, or if Joy is unable to verify or authenticate any information such User provides to Joy or posts on eMinePortal. Except as may be otherwise provided in any applicable Participation Agreement, User may terminate their ID and password at any time by providing at least 3 days notice to Chuck Fickter, eMinePortal Community Manager, at cfickter@joy.com.
   
7. PRIVACY.
   
1. User ID’s, passwords and other authorizations or codes are solely the responsibility of Users and must be maintained by them as confidential. Users must notify Joy if they desire to change or discontinue the ID’s, passwords or other codes by contacting Chuck Fickter, eMinePortal Community Manager, at cfickter@joy.com.
   
2. The eMinePortal Privacy Policy (which, as the same may be modified from time to time, is posted on the Site) is incorporated into these Rules of Use. Joy may at any time terminate the rights of use of any User which does not act in compliance with the Privacy Policy. Users understand and acknowledge, however, that Joy cannot and does not guarantee the privacy of any information.
   
8. OWNERSHIP. EMinePortal and all intellectual property rights incorporated therein or related thereto (including without limitation copyrights, trademarks and service marks) are owned or licensed by Joy, and all right, title and interest in eMinePortal and the intellectual property incorporated therein or related thereto remain Joy’s (or its licensor’s) property. Users may not under any circumstances reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to eMinePortal, or attempt to do so. Users may not remove or attempt to remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on eMinePortal or its content. "Joy," "eMinePortal," and the Joy world logo are registered trademarks or servicemarks of Joy Technologies Inc. and are protected under state and federal law.
   
9. RELATIONSHIP. Joy and the Users are independent contractors. No relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Rules of Use between any User and Joy. These Rules of Use are not intended to benefit any third party.
   
10. NOTICES. Except as may be otherwise provided herein or in any applicable Participation Agreement, any notice by User required or permitted by this Agreement shall be given to Joy by email to Chuck Fickter at cfickter@joy.com, and notices to User shall be given by Joy by e-mail to the address provided by User during its registration on eMinePortal. E-mail notices will be deemed given within 12 hours of delivery.
    
11. GOVERNING LAW AND JURISDICTION. Joy operates eMinePortal (excluding linked sites) from its offices within the Commonwealth of Pennsylvania, United States of America. Notwithstanding the state or foreign country is which any User is located, these Rules of Use and the use of eMinePortal shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. Further, each User submits to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County and agrees that any suit or other proceeding which such User may file relating to or arising out of the use of eMinePortal or these Rules of Use shall be filed exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Allegheny County.
    
12. RELEASE AND INDEMNIFICATION.
    
1. Release. Each User agrees to release Joy and its agents, contractors and employees from any and all claims, demands, damages and liabilities of every kind, known or unknown, arising out or in any manner related to its use of eMinePortal, any information posted on eMiinePortal by Joy or any other person, or any disputes with other users of eMinePortal. Each User waives to the fullest extent permissible the provisions of any state law limiting or prohibiting a general release.
   
2. Indemnification. Each User agrees to indemnify, defend and hold Joy harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) arising out of or in any manner related to its use of eMinePortal, its breach of any provision of these Rules of Use and any information posted by it on eMinePortal. Joy will promptly notify the User of any such claim, demand, action, cost, liability, loss or threat of any thereof and cooperate in the defense or settlement thereof. Joy may at its option and expense participate in such defense.
   
13. LIMITATION OF LIABILITY.
    
1. EMinePortal is provided solely as a service to the mining industry community and related businesses to provide a venue conduit for suppliers and purchasers. All Users agree that they make use of eMinePortal "AS IS, WHERE IS" and solely at their own risk. Each User acknowledges and agrees that JOY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO EMINEPORTAL, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
   
2. Joy does not guarantee access to, or the security of, eminePortal. Joy will have no liability of any kind for the unavailability of eMinePortal, for any loss of data or of transactions, or from delays, non-deliveries or mis-deliveries of information, or service interruptions, whether caused by Joy, its agents, contractors or employees, or any third party.
   
3. In no event (1) shall Joy be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, including without limitation any loss of profits or revenue, regardless of whether Joy knew or should have known of the possibility of such damages, or (2) shall Joy’s total cumulative liability under this Agreement or anything done in connection therewith exceed $1,000, in either case whether in tort (including negligence and strict liability), contract or otherwise.
   
4. The releases and limitations of liability provided in these Rules of Use inure to the benefit of Joy, its agents, contractors and affiliates, and to the our respective officers, directors and employees of each.
   
14. GENERAL PROVISIONS. If any provision of these Rules of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. No failure to act with respect to a breach by User shall be construed as a waiver of any right to act with respect to subsequent or similar breaches. These Rules of Use, including the materials incorporated by reference therein, set forth the entire understanding of the parties respect to the subject matter hereof, and supercede any and all prior and contemporaneous discussions or understandings. Except for amendments in accordance with Section 1 above, these Rules of Use cannot be modified except in a writing signed by each party.