THIELE KAOLIN COMPANY® WEBSITES POLICY
Thiele Kaolin Company and its subsidiaries and affiliates (each, a "Thiele Entity") provide the Thiele websites, intranet, extranet and other on-line portals controlled by Thiele (collectively, the "Thiele Websites") to convey information to customers and prospective customers about Thiele's products and services and about the topics of kaolin clays and their uses in general. This Thiele Kaolin Company Websites Policy (this "Policy") sets forth the terms and conditions applicable to persons or entities who use or attempt to use a Thiele Website or Content (each a "User"). Article I provides some general terms, Article II addresses privacy, Article III addresses Postings, and Article IV advises Users how to provide feedback. If a User is unable or unwilling to accept the terms and conditions in this Policy, then please stop using or attempting to use any Thiele Website. By using or attempting to use a Thiele Website, each User acknowledges that this Policy constitutes the legal agreement between the User and the Thiele Entities applicable to all uses or attempts to use any Thiele Website (which may be supplemented for certain uses, as described in Article III). This version of the Policy is effective as of January 31, 2019.
I. GENERAL
1. This Policy uses a few terms that warrant definition. The term "use" or "using," as in using a Thiele Website, means each and every incident of access, display, viewing, browsing, copying, printing, sending, posting or submitting Content to, uploading or downloading Content to or from, exchanging data or otherwise communicating with or through, or otherwise interacting with any Thiele Website or any portion thereof, directly or indirectly, with or without a device. Further to the definition above, the term "Thiele Websites" means and includes each and every URL or internet address location owned or provided by a Thiele Entity (including without limitation each and every site or page within any or all of them and all backups, mirrors, replacements and substitutions thereof). The term "Content" means and includes design, drawings, specifications, properties, functions, text, graphics, images, videos, audios, data and other information, "look and feel", legally protectable items such as trademarks, service marks and copyrightable material, and the selection and arrangement of any or all of them. Other terms are defined throughout this Policy.
2. All Content in, on or associated with a Thiele Website (other than User Posts or Content procured from third parties) are the copyrighted works of a Thiele Entity. The word, design and slogan marks displayed on Thiele Website are owned by a Thiele Entity, unless otherwise specified.
3. A User may copy, print or reproduce Content from a Thiele Website for purposes of doing business with a Thiele Entity or for other personal, non-commercial purposes. A User may not otherwise copy, print, reproduce, display, distribute, modify or publish any Content from a Thiele Website, without the prior written consent of a Thiele Entity in each instance. A User may not alter, delete or conceal any notices or legends on any Thiele Content or circumvent any protective, security or rights management mechanism. When a User displays Content from a Thiele Website, the User must include a notice to the effect that the Content is used with permission and may not be further displayed or copied.
4. The Thiele Websites may contain various links to other web sites or Content. User agrees that the Thiele Entities are not responsible for the availability of these outside resources or their Content (and User will direct any concerns regarding any external link or Content to the owners or administrators thereof). Further, links to a Thiele Website by third Persons must be deleted upon the request of a Thiele Entity.
5. Use of a Thiele Website or Content is at User's sole risk. The Thiele Websites are provided "as is" and "as available", without warranties of any kind, express or implied. None of the Thiele Entities makes any representation or warranty that any Thiele Website or Content is or will remain uninterrupted, error-free or up-to-date, that defects will be corrected or that the Thiele Websites (or the servers used in connection therewith) are or will remain free from any viruses, worms, trojan horses or other harmful components, or that any Content of or accessible from a Thiele Website is true, correct or error-free. The Thiele Entities are not responsible for any damage to User's equipment, software, hardware or Content. User is solely responsible for ensuring that User has in place appropriate software and hardware to protect User's equipment, software, hardware and Content. All Content is subject to change without notice, and no Thiele Entity assumes any responsibility for any interruption, error in Content or out-of-date Content (whether actively or by omission).
6. To the fullest extent permitted by law, the Thiele Entities disclaim all liability for loss, damage, cost and/or expense incurred in or in connection with or resulting from any Use of or reliance upon a Thiele Website or any Content. The entire collective liability of the Thiele Entities, and a User's exclusive remedy with respect to use of the Thiele Websites or Content, shall be User's right to discontinue use of the Thiele Websites and Content. None of the Thiele Entities shall ever be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from use of a Thiele Website or Content. In any jurisdiction in which these disclaimers and/or limitations are unenforceable, the aggregate liability of all Thiele Entities shall not exceed $100.
7. Except as may be provided otherwise in writing, outside of this Policy, none of the Thiele Entities warrants or guarantees any product or service offered through or described in a Thiele Website or Content. User shall not construe Posts made by Thiele Entities (or their officers, directors, owners, employees, agents or other representatives) on a Thiele Website as client advice, and any Posts that could be so construed shall be non-binding.
8. Any Thiele Entity may discontinue, suspend or terminate the right of any User to Use a Thiele Website (including the right to make any Postings thereto) at any time for any reason (or for no reason).
9. User hereby indemnifies and agrees to defend and hold harmless all Thiele Entities and all of their officers, directors, owners, employees, agents and other representatives (collectively, the "Indemnified Parties") from and against any and all liability and costs (including attorneys' fees and expenses) incurred by an Indemnified Party in connection with any claim arising out of (or alleged to arise out of) any User's use of a Thiele Website or Content or any breach by User of this Policy. User shall cooperate as fully as reasonably required in the defense of any such claim. The Thiele Entities reserve the right to assume the exclusive defense and control of any matter subject to such indemnification.
10. Following notice from a User or other person or entity (each, a "Person"), the Thiele Entities will act expeditiously to remove Content that is shown to infringe the copyright or trademark of another Person. Please present a claim for copyright or trademark infringement to Mark Bailey, Manager of Information Services, at mark.bailey@thielekaolin.com. The claim must include sufficient information to identify the rights being infringed, the Content that is infringing, the identity of the claimant, the authority of the claimant and other matters requested by a Thiele Entity (and the same must be submitted under oath and penalty of perjury). Reports of other inappropriate Content on a Thiele Website should also be reported to the named individual.
11. This Policy and any Use of a Thiele Website or Content shall be construed, governed by and enforced under the substantive laws of Georgia (without giving effect to any conflict of laws principles that would suggest a different result). Access to a Thiele Website in any other jurisdiction does not imply that Thiele intends to conduct activities within such jurisdiction, nor does it imply that Thiele intends to be subject to the laws of such jurisdiction.
12. This Policy constitutes the entire agreement of the Thiele Entities with each User regarding the subject matter hereof, supersedes all prior and/or inconsistent understandings, and may be modified only in a writing signed by a Thiele Entity.
13. The Thiele Entities reserve the right (but do not have an obligation) to change, add to or delete from the terms and conditions provided in this Policy at any time. If User uses a Thiele Website or Content after the effective date of any such changes, additions or deletions. then the new version of the Policy shall apply.
II. PRIVACY
1. The Thiele Entities respect and are committed to protecting the privacy of Users.
2. However, to use or participate in certain features of the Thiele Websites, Users may have to provide personal information, such as name, mailing address, telephone number, e-mail address, ordering/delivery information, employment application information and/or other information specific to the User. A User is not obligated to provide any of this information, but if a User declines, then the User may be unable to use or participate in those features of the Thiele Websites. By using a Thiele Website, you consent to Thiele’s collection and storage of personal information as disclosed in this Policy. The only information that Thiele Websites automatically collect and store as of the date of this Policy is your IP address.
3. The Thiele Entities will not knowingly or intentionally collect personal information about or from a child under the age of 13, as required by the Children’s Online Privacy Protection Act, which provides safeguards to protect children who use the internet. If a child under the age of 13 does provide personal information to a Thiele Entity, the child’s parents or legal guardian can request the Thiele Entity to remove the personal information, and the Thiele Entity will use all reasonable efforts to comply with the request.
4. The Thiele Websites may use tracking techniques to enhance your navigation through the Thiele Websites and/or for applications or services that Thiele provides. For example, a session cookie (including necessary, analytic, registration and third party cookies) is created whenever you visit a Thiele Website that can record information on your computer about your visit, such as pages visited, date and time of visit, etc. Forms that you submit on or to a Thiele Website may log similar information. The Thiele Websites will be able to use this information on your next visit, but you can modify the security parameters of your web browser to block these cookies.
5. The Thiele Entities use information collected on Thiele Websites only for purposes to which you have consented (including by submitting information to or through a Thiele Website) and/or for a Thiele Entity’s legitimate business interests, including as of the date of this Policy the following purposes:
(a) to collect applications for jobs;
(b) to respond to Users' inquiries about customer service or product or service purchases;
(c) to tailor products or services (or proposals therefor) to the perceived needs of Users; and
(d) to interact with customers or other Users with whom a Thiele Entity does or may conduct business (and the conduct of any such business).
6. The Thiele Entities may disclose information as needed to Thiele officers, directors, owners, employees, agents or other representatives in order to fulfill one or more of these purposes. Thiele Entities may also disclose information when required by law, to protect and defend the rights or property of a Thiele Entity or a User, to identify Persons who may be violating the law or threatening violence, and/or to cooperate with investigations of allegedly unlawful activities. Thiele will not sell your personal information to third parties.
7. Thiele Entities use commercially reasonable technical, physical and administrative measures designed to safeguard your personal information from unauthorized use or disclosure. Thiele does not consider email to be a secure means of communicating personal information and prefers that you send personal information via encryption methods.
8. You have the right to access personal information that any Thiele Entity possesses and to ask the Thiele Entity to correct or delete the information if it is inaccurate or held in violation of law. You may also object to uses of your personal information that are permitted under this Policy. The Thiele Entity may take reasonable steps to verify your identity before fulfilling your request, but once your identity is verified in Thiele’s reasonable judgment, the Thiele Entity will address your request. Thiele Entities reserve the right to charge a reasonable fee for these services unless prohibited by law.
9. If you wish to make any request contemplated by this Privacy Section or otherwise to communicate with a Thiele Entity about the Thiele Entity’s implementation of this Policy, please send an email to Mark Bailey, Thiele’s Manager of Information Services, at mark.bailey@thielekaolin.com .
III. TERMS AND CONDITIONS APPLICABLE TO USER POSTS
The Thiele Websites may allow a User to register, create a profile or account, or to enable submission, display, entry, exchange, transmission or other communication of Content (each, a "Post" or "Posting"). Each User who Posts any Content to a Thiele Website, whether in response to a Posting by a Thiele Entity or a third Person, agrees that the following terms and conditions shall apply to the User's Posts:
1. By making a Post to a Thiele Website, User represents that User has the right to make the Post (and that the Posting does not violate any law or regulation) and consents to display of the Post or a portion thereof on any Thiele Website and for related online and offline promotional purposes.
2. User will not Post to a Thiele Website any Content that:
(a) is libelous, defamatory, disrespectful, obscene, pornographic, abusive, hateful, repetitive, illegal, etc.;
(b) discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.;
(c) constitutes a personal attack or violates any personal rights of any Person; or
(d) infringes on or plagiarizes any copyright, trademark or other proprietary right or breaches any confidentiality agreement or other contract.
User represents and warrants that (i) none of the Content that User Posts to any Thiele Website is or will be inconsistent with the foregoing prohibitions, and (ii) User is at least thirteen years old.
3. User understands and agrees that neither the User's identity nor the User's Posts are confidential or anonymous. Users should always identify themselves and their affiliations when making Posts to a Thiele Website. A User will not impersonate any other Person in Posting to a Thiele Website.
4. User will not use a Thiele Website in a commercial manner (precluding for example any Post of Content that contains any advertising or any solicitation of or for goods, services or funds).
5. User will not use a Thiele Website for Posting malicious code (such as viruses, time bombs, worms, trojan horses or spyware) or to interfere with or damage the functionality of any software or hardware or of a Thiele Website. User's Postings must not modify, disrupt or otherwise interfere with the Use of the Thiele Websites. User will not collect, compile, transmit, delete, revise, view, or display any Content from or through a Thiele Website, whether personally identifiable or not, except as expressly permitted by this Policy (including in particular Content Posted by another Person that is intended or expected to be unavailable to the public).
6. User warrants that User owns all rights and interests (including copyright, trademark and other proprietary rights) in and to all Content that User Posts to any Thiele Website and, without limiting the generality of the statement, that User has procured all author, photographer, model and other releases necessary to make the statement true.
7. The Thiele Entities have no obligation to screen, verify, review for accuracy or completeness or otherwise to monitor any Postings to any Thiele Website. User is solely responsible for the Content of any Post that User makes to a Thiele Website, and none of the Thiele Entities endorses any User's Postings. The Thiele Entities reserve the right to delete, remove, move or edit any Post for any reason (including breach of this Policy) or for no reason, to report and provide information to regulatory and law enforcement agencies, and/or to take other actions not prohibited by law.
8. User grants to all Thiele Entities a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all Content that User Posts to a Thiele Website (whether Posted directly or through a third Person), which includes without limitation the right for any Thiele Entity (or any of its officers, directors, owners, employees, agents or other representatives) to use, copy, transmit, modify, excerpt, publish, distribute, display, create derivative works of, host, index, cache, tag, encode, modify and/or adapt (in any form or media) any such Content, on-line or off-line, and waives any and all rights to the contrary. Without limiting the generality of the previous sentence, a Thiele Entity may republish any and all Content in other formats or in other venues, on-line or off-line.
IV. TERMS AND CONDITIONS APPLICABLE TO HUNTING INFORMATION
One of the Thiele Websites contains information for recreational hunters who might be interested in leasing the right to hunt on land owned by Thiele (the "Thiele Hunters' Website"). In addition to the terms provided in Sections I through III of this Policy, the following terms apply to any Use of the Thiele Hunters' Website.
1. The maps and other Content included on the Thiele Hunters' Website are believed to be accurate when posted, but all of the limitations of Section I apply to such Content.
2. Nothing contained in the Thiele Hunters' Website shall constitute an offer by Thiele to license any particular tract of land. The Thiele Hunters' Website is solely intended to provide information and possibly to solicit offers from recreational hunters. Thiele reserves the right to reject any offer in its sole discretion. The answers to Frequently Asked Questions reflected on the Thiele Hunters' Website are a summary of certain key licensing provisions and do not include all of the terms and conditions which are included in a license.
3. No license or agreement to license will exist until all of Thiele's licensing requirements have been met. These requirements include execution of a written license document signed by each licensee and an authorized official of Thiele, payment of appropriate license fees, and other requirements as determined by Thiele from time to time.
4. The Content on the Thiele Hunters' Website is made available for the purpose of evaluating tracts of land for consideration in making a recreational hunting license application. The Content may not be used for any other purpose, and may not be reproduced or redistributed in any manner without the prior written consent of Thiele.
V. PROVIDING FEEDBACK
The Thiele Entities welcome the submission of comments, information, questions or feedback through a Thiele Website. The same should be submitted to Mark Bailey, Manager of Information Services, at mark.bailey@thielekaolin.com and shall be subject to the terms and conditions set forth in this Policy.