Terms of Use

AGREEMENT BETWEEN USER AND Newcastle Coal Infrastructure Group.

The Newcastle Coal Infrastructure Group Web Site is comprised of various Web pages operated by Newcastle Coal Infrastructure Group.

The Newcastle Coal Infrastructure Group Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Newcastle Coal Infrastructure Group Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Newcastle Coal Infrastructure Group reserves the right to change the terms, conditions, and notices under which the Newcastle Coal Infrastructure Group Web Site is offered, including but not limited to the charges associated with the use of the Newcastle Coal Infrastructure Group Web Site.

LINKS TO THIRD PARTY SITES

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Newcastle Coal Infrastructure Group Web Site, you warrant to Newcastle Coal Infrastructure Group that you will not use the Newcastle Coal Infrastructure Group Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Newcastle Coal Infrastructure Group Web Site in any manner which could damage, disable, overburden, or impair the Newcastle Coal Infrastructure Group Web Site or interfere with any other party’s use and enjoyment of the Newcastle Coal Infrastructure Group Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Newcastle Coal Infrastructure Group Web Sites.

USE OF COMMUNICATION SERVICES

The Newcastle Coal Infrastructure Group Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Newcastle Coal Infrastructure Group has no obligation to monitor the Communication Services. However, Newcastle Coal Infrastructure Group reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Newcastle Coal Infrastructure Group reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Newcastle Coal Infrastructure Group reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Newcastle Coal Infrastructure Group’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Newcastle Coal Infrastructure Group does not control or endorse the content, messages or information found in any Communication Service and, therefore, Newcastle Coal Infrastructure Group specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Newcastle Coal Infrastructure Group spokespersons, and their views do not necessarily reflect those of Newcastle Coal Infrastructure Group.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Newcastle Coal Infrastructure Group OR POSTED AT ANY Newcastle Coal Infrastructure Group WEB SITE

Newcastle Coal Infrastructure Group does not claim ownership of the materials you provide to Newcastle Coal Infrastructure Group (including feedback and suggestions) or post, upload, input or submit to any Newcastle Coal Infrastructure Group Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Newcastle Coal Infrastructure Group, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Newcastle Coal Infrastructure Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Newcastle Coal Infrastructure Group’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Newcastle Coal Infrastructure Group WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Newcastle Coal Infrastructure Group AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Newcastle Coal Infrastructure Group WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Newcastle Coal Infrastructure Group WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Newcastle Coal Infrastructure Group AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Newcastle Coal Infrastructure Group WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Newcastle Coal Infrastructure Group AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Newcastle Coal Infrastructure Group AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Newcastle Coal Infrastructure Group WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Newcastle Coal Infrastructure Group WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Newcastle Coal Infrastructure Group WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Newcastle Coal Infrastructure Group WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Newcastle Coal Infrastructure Group OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Newcastle Coal Infrastructure Group WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Newcastle Coal Infrastructure Group WEB SITE.

TERMINATION/ACCESS RESTRICTION

Newcastle Coal Infrastructure Group reserves the right, in its sole discretion, to terminate your access to the Newcastle Coal Infrastructure Group Web Site and the related services or any portion thereof at any time, without notice.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.