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TERMS OF USE

PLEASE READ CAREFULLY

This website is operated by Boart Longyear and its affiliates and subsidiaries (collectively referred to as “us”, “we”, or “Boart Longyear”).  By accessing or using any of our websites or services, (collectively referred to as the “Website”) you are representing that you have read, understand, and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law.  We may alter these Terms of Use at any time at our discretion and without notice.  Any changes to the Terms of Use will be considered effective upon their posting to the Website.  You agree that you will review these Terms of Use regularly so you are aware of any revisions.  By continuing to use the Website, you accept any revisions to the Terms of Use.  If for any reason you do not agree to these Terms of Use, please do not use this Website.  If you do not agree to any later revisions of these Terms of Use, please discontinue use of this Website.  If you have any questions or concerns, please contact us.

Intellectual Property Considerations

All intellectual property on the Website is owned by Boart Longyear or its licensors, which includes materials that may be protected by copyright, trademark, or patent laws, in Australia, the United States and other foreign countries.  Any of the products, processes, systems, etc. depicted on the Website may be protected by Australian, U.S. and foreign patents, or their equivalents.  All trademarks, service marks and trade names used on the Website are trademarks or registered trademarks of Boart Longyear.  If there are other product names and company names used on the Website, they may be trade names, trademarks, or registered trademarks of the respective product owners or companies.  All content on the Website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (collectively referred to as “Content”) is a collective work and is the proprietary property of Boart Longyear; All rights reserved.  If you have any questions regarding intellectual property coverage of any Content, product, process, system, etc. or otherwise on the Website, please contact us for clarification and we would be happy to assist you.

Restrictions on Website Use 

The Content on the Website can only be used for your participation in the Website. Any other use is prohibited unless agreed to by Boart Longyear in writing.  You agree not to modify or delete any of the ownership notices from materials you have downloaded or printed from the Website.  You agree that you will not copy, modify, translate, broadcast, transmit, display, perform, distribute, frame, reproduce, republish, post, or sell any intellectual property or Content appearing on the Website without Boart Longyear’s prior written consent.  You agree not to use any data mining, robots, scraping or other data gathering methods.  Nothing in these Terms of Use shall be interpreted as our granting any license or transfer of ownership of intellectual property rights to you.

Links on the Website

The Website may contain links to websites operated by other companies.  We do not endorse, monitor, or have any sort of control over these other websites.  The linked websites may operate under separate terms of use and privacy policies.  We are not responsible for the content or policies of linked websites, and you access any linked websites at your own risk.

Indemnification

You agree to indemnify, to defend, and to hold harmless Boart Longyear as well as any of its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, including, without limitation, any attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use, any law, or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, describes in detail our collection and use of information on this Website.

Warranty Disclaimer

The material in this site may include typographical errors or technical inaccuracies. We may make changes or improvements to the Website or Content at any time without notice.  The Website, Content, and any other materials on this Website are provided “AS IS”, without warranties of any kind.  To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.  We cannot guarantee and do not promise any specific results from use of the Website.  We do not represent nor do we warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or any of the servers that may make the Website available are free of malware, viruses, or anything else harmful.  To the fullest extent permitted by law, Boart Longyear does not make any warranties or representations regarding use of any materials or Content on the Website, particularly in terms of their correctness, accuracy, adequacy, reliability, or otherwise.  You understand and agree that you download, or otherwise obtain, Content of your own volition and at your own risk, and are solely responsible for your use and any damage to your computer system, loss of data, or other harm of any kind that may result.  Boart Longyear reserves the right to change any and all Content on the Website at any time without notice.

Limitation of Liability

Boart Longyear shall not be liable for any direct, indirect, special, incidental, or consequential damages, including for any lost profits or lost data that may result from the use of, or the inability to use, this website, even if Boart Longyear has been made aware that such damages may be a possibility.  By using the Website, you assume total responsibility for your use of the Website.  Your sole remedy against Boart Longyear for use of the Website is to stop using the Website.  If, however, Boart Longyear is found liable for any damage or loss which is in any way connected with your use of the Website, our liability shall not exceed the amount you paid to Boart Longyear, if any, to access this site.

Jurisdiction

You agree that this Website shall be deemed a passive website based exclusively in Utah, which does not give rise to personal jurisdiction over Boart Longyear in any other jurisdiction.  You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Boart Longyear shall be governed in all respects by Utah law, without regard to any other choice of law provisions.  Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly relating to or arising out of the Website shall be resolved inpidually, without any recourse in the form of class action, and solely in the state or federal courts located in Salt Lake County, Utah.  You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Salt Lake County, Utah.  Any and all causes of action or claims you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.  You agree that any notice, agreement, disclosure or other communication requirement may be met by Boart Longyear electronically, and shall be deemed as being in writing.  Boart Longyear’s failure to enforce of any of these Terms of Use shall not be considered a waiver of any other provision or right, or later enforcement of the unenforced provision or right.  Neither conduct between you and Boart Longyear nor any trade practice shall modify these Terms of Use.  Boart Longyear may assign its rights and duties under this Agreement to any party at any time without notice.

Severability of Terms

If any provision in these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue to be enforceable.  If any provision in these Terms of Use is deemed unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

PRIVACY POLICY

PLEASE READ CAREFULLY

The privacy of your information is important to us.  As part of our commitment to the privacy of your personally identifiable information that we may collect online (“Personal Information”), we provide this notice to you explaining our online information practices and the choices you can make about the way your Personal Information is collected and used at this Website.  By accessing or using this Website, you consent to our Privacy Policy.  Boart Longyear may modify this Privacy Policy at any time without notice, effective upon its posting to this Website.  Your continued use of the Website constitutes your continued acceptance of this Privacy Policy as well as any revisions.  You agree to review this Privacy Policy regularly so that you understand our current Privacy Policy.  This Privacy Policy is incorporated into, and is subject to, the Terms of Use.  Any capitalized terms not defined in this policy have the meaning set forth in the Terms of Use.  We encourage you to also visit our Terms of Use section that explains other terms governing the use of our Website.

Information Collection

Boart Longyear takes your privacy very seriously and does not authorize the sharing of any personal information about you to any other person or third party unless you have authorized us to do so.

Boart Longyear may, however, use personal information, for example, (a) to fulfill your requests for our products, programs, and services, (b) to respond to your inquiries about our offerings, (c) to offer you other products, programs or services that we believe may be of interest to you, (d) to communicate with you, and (e) to compile statistics relating to user demographics, interests, and behavior.  We may also disclose personal information for the purposes for which it was provided. For example, if you request goods or services from a third party advertiser on our site, you thereby authorize us to disclose to that third party advertiser, the personal information you provided for that purpose (such as name, address, e-mail address, etc.).

Boart Longyear may also disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena.  In addition, we may transfer personally identifiable information about you if we, or one of our business units, are acquired by, sold to, or merged with another company.  Agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for us.

Although Boart Longyear will take reasonable measures to safeguard against unauthorized disclosures of information, Boart Longyear cannot assure you that personally identifiable information that Boart Longyear may collect, or that you may provide, will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies/Pixel Tags

Boart Longyear may receive and record information that your browser sends when you use the Website.  We may use a variety of methods, such as cookies and pixel tags, to collect this information.  A cookie has been described as a small removable data file that is stored by your web browser on your computer.  Cookies may allow you to request information on our Website and allow us to enhance and personalize your online experience.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies.  If you decide not to accept cookies from Boart Longyear, you will still be able to access those parts of our Website that are available to the general public, but you may not be able to view some information on our Website, use some features designed to enhance your experience on our site, or access some services offered through our site.

We may also use pixel tags – tiny graphic images – to help us analyze online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.  We may use pixel tags to collect information about your visit, including the pages on the Website you view, any links you click, and other actions you may take in connection with our Website.  We also may collect certain standard information that your browser sends to every website you visit; for example: your IP address, browser type and language, username, system type, whether you have enabling software to access certain Website features, access times, and referring website addresses.  Websites visited before visiting the Boart Longyear Website might place personal information within the URL of your browser during a visit to that website.  Boart Longyear may collect that information as part of the referring website information we collect.

International Users

This website is operated, in whole or in part, from the United States.  By using this Website, regardless of whether you live in or outside of the United States, you consent to have your personal data transferred to and processed in the United States.  You also allow Boart Longyear to use and collect your personal information as described in this Privacy Policy.

Links

Our Website site may provide links to other sites.  When you click on one of these links, you are leaving the Boart Longyear site and entering another Website that Boart Longyear does not control and for which Boart Longyear is not responsible.  You should carefully review the privacy statements or policies on any other site that you visit because those privacy statements or policies will apply to your visit to that site and may differ from Boart Longyear’s policies.