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.
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. Massey Energy neither represents nor warrants that your use of such materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Massey Energy. You are advised that Massey Energy will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MASSEY ENERGY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVISE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY 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 EVEN IF MASSEY ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes and Updates
Massey Energy Reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Massey Energy may make changes to the Site at any time without notice. Massey Energy makes no commitment to update the information contained on the Site.
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.
Securities of Massey Energy
We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Massey Energy. If you decide to use any material available on this Site in assessing whether to buy or sell securities of Massey Energy, please be aware that the material on the Site reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.
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, and you irrevocably consent to the jurisdiction of the courts located in the Commonwealth of Virginia for any action to enforce these Terms and Conditions. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If any material on this Site, or your use of this Site, is contrary to the laws of the place where you are located when you access it, this Site is not intended for you, and we ask you to not use this Site.
If a court of competent jurisdiction deems any provision of these Terms and Conditions unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Violations of Terms and Conditions
These Terms and Conditions constitute the entire agreement between you and Massey Energy and govern your use of the Site. 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.