TERMS OF USE
Acceptance Through Use. This web site (the "Site") is operated by Maxam North America, Inc. ("MNA"). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced herein (collectively, the "Terms of Use"). You should review the Terms of Use from time to time. MNA may change any of the Terms of Use at any time by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not agree to all of the Terms of Use, you must exit the Site immediately.

Intellectual Property. You acknowledge that all content and materials available at the Site (collectively, the "Content") are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and, as between MNA and you, are owned exclusively by MNA. Except where otherwise noted, you may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices. You may only use the Site and the Content as expressly permitted herein and for no other purpose. Except as authorized by MNA in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. Unless otherwis e indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission.

Privacy. You should review the Privacy Statement posted below on this page.

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE "SITE MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MNA DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, reimburse and hold harmless the Released Parties from all liabilities, claims and expenses, including, but not limited to, costs and attorney's fees, that arise in any way from your use of the Site or the Site Materials. MNA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MNA in asserting any available defenses.

International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. MNA makes no representation that the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.

Choice of Law. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability. This Terms of Use constitutes the entire agreement between MNA and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals with respect to the Site. If any provision hereof is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. MNA reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Contact Information. Questions concerning the Terms of Use or the Site should be directed to info@maxam-na.com.

PRIVACY STATEMENT

Maxam North America, Inc. ("MNA") is committed to protecting your privacy. This privacy statement explains data collection and use practices of the miningservices.com site (the "Site"). By accessing the Site, you are consenting to the information collection and use practices described in this privacy statement.

Information pertaining to web site activity

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our Site. This information is used to help improve the Site, analyze trends and administer the Site.

Personal information

The personal information collected on this Site will be used to operate the Site and to provide the service(s) or carry out the transaction(s) you have requested or authorized. In support of these uses, MNA may use personal information to provide you with more effective customer service, to improve the Site and any related MNA products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interest. In order to offer you a more consistent experience in your interactions with MNA, information collected by miningservices.com may be combined with information collected by other MNA services.

MNA hires other companies to provide limited services on our behalf, such as web site hosting and sending information about our products, special offers, and other services. We will only provide these companies the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.

MNA may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on MNA or the Site; (b) protect and defend the rights or property of MNA and our family of Web sites; or (c) act in urgent circumstances to protect the personal safety of MNA employees or agents, users of MNA products or services, or members of the public.

Personal information collected on the Site may be stored and processed in the United States or any other country in which MNA or its affiliates, subsidiaries or agents maintain facilities, and by using the Site, you consent to any such transfer of information outside of your country.

Please be aware that this privacy statement and any choices you make on the Site will not necessarily apply to personal information you may have provided to MNA in the context of other, separately operated, MNA products or services.

MNA will not deliberately disclose any personal information provided by or collected from you to any third party except as set forth above. It is MNA's policy not to accept information from other parties that is confidential or proprietary unless subject to a written agreement. If you wish to retain the confidentiality of your material, do not submit it to us in any form unless subject to a written agreement. MNA may reproduce, disclose, transmit, broadcast or otherwise use any unsolicited ideas, without any obligation to compensate you.

Cookies

A 'cookie' is a packet of information that allows the server (the computer that houses the web site) to identify and interact more effectively with your computer. When you use one of our web sites, we send you a temporary cookie that gives you a unique identification number. A different identification number is sent each time you use our web sites. Cookies do not identify individual users, although they do identify a user's browser type and your Internet Service Provider (ISP).

You may be able to configure your browser to accept all cookies, reject all cookies, or notify you when a cookies is sent. Please refer to your browser instructions or help screens to learn more about these functions. If you reject all cookies, you may not be able to use our web sites.