Terms and Conditions

Terms & Conditions

This Web site is provided by Harsco Minerals International, division of Harsco Corporation (“Harsco”, "we", "us" or "our", as appropriate), and may be used for informational purposes only. Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by these Terms of Use (the "Agreement") and all other terms, conditions and notices contained or referenced in the Site.

Minimum Age
This Site is intended only for those 18 years of age and older. You represent that if you enter any personal contact information whatsoever you are over the age of 18.

Use of Information
Requests for permission to reproduce any information contained on this Site should be addressed to Harsco at info@harscominerals.com or at the following mailing address:

Harsco Minerals International
Office of Marketing and Communications
5000 Ritter Road, Suite 205
Mechanicsburg, PA 17055 USA

_____________________________________________________________________________.

Notwithstanding the above, Harsco authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.

This license does not include the right to modify this Site, or any portion of it, except with the express written consent of Harsco. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is prohibited without the express written consent of Harsco.

You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others, or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable, or which could constitute or encourage conduct that would be considered a criminal offense, give rise to any civil or criminal liability under the law or otherwise violate any laws. You understand that information transmitted over public networks may be accessed by third parties and Harsco will not be liable for any such unauthorized disclosure. Harsco will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

You may not use the Site in any manner that could disable, overburden, or impair any Harsco server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any Harsco server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. Harsco may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site, although Harsco is under no obligation to do so.

Harsco reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.

Legal Entity Disclaimer
The terms and descriptions contained in this Site are not intended to alter or otherwise affect the independent legal entity status of Harsco Corporation and its subsidiary corporations or alter or otherwise affect the ownership and reporting relationship of unincorporated operating divisions.

Links to Affiliate or Third-Party Sites
Harsco may provide on this Site, solely as a convenience to users, links to web sites operated by our affiliates or other entities. If you use these sites, you may leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Harsco does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Harsco is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with Harsco or is authorized to use any trademark, trade name, logo or copyright symbol of Harsco. You may not create a link to this Site without first obtaining our written permission.

Unsolicited Information Provided by You
Harsco does not want you to, and you should not, send any confidential or proprietary information to Harsco through this Site unless specifically requested by Harsco. Please note that any unsolicited information or material sent to Harsco will be deemed not to be confidential or proprietary. By submitting information and material through this Site, you grant to Harsco (or warrant that the owner of such information and material has expressly granted to Harsco) a royalty-free, perpetual, irrevocable, and unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Harsco is free to use any ideas, concepts, know-how or techniques that you send to Harsco for any purpose.

You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Harsco's Office of Corporate Communications with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that Harsco may contact you if necessary;
(d) a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is the owner or is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at info@harscominerals.com or the mailing address noted above.

If Harsco is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. Harsco has no liability or responsibility to users for performance or nonperformance of such activities.

Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.

THIS WEBSITE AND THE INFORMATION CONTAINED OR AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS , BOTH CURRENT AND FUTURE, HARSCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). HARSCO (INCLUDING ITS OFFICERS DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARSCO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF THE SERVICES, RESOURCES, MATERIALS OR INFORMATION FROM THIS SITE, OR FROM SERVICES, RESOURCES, MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL HARSCO (INCLUDING ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOING OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS) OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HARSCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF HARSCO TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU MAY BRING NO CLAIM AGAINST HARSCO MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF HARSCO IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

HARSCO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

HARSCO DOES NOT WARRANT THE SECURITY OF THIS SITE OR THE PRIVACY OF THE INFORMATION YOU SUBMIT. HARSCO DOES NOT WARRANT THAT THE INFORMATION SUBMITTED WILL REMAIN CONFIDENTIAL. HARSCO IS NOT RESPONSIBLE FOR THE USE BY IT OR ITS PARENT, SUBSIDIARIES OR AFFILIATES OF THE INFORMATION SUBMITTED BY YOU. HARSCO DISCLAIMS LIABILITY FOR ANY IMPROPER USE OR DISSEMINATION OF THE INFORMATION YOU SUBMIT TO THE SITE.

Changes
All content contained herein is subject to change without notice, but Harsco has no responsibility to update any information on this Site. Harsco reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site.

Disputes, Arbitration and Effect of Invalidity
Harsco operates and controls this Site (excluding linked sites) from its offices within the Commonwealth of Pennsylvania, United States of America. You agree that the statutes and laws of Pennsylvania will apply to all matters regarding the use of this Site. You also agree to the exclusive jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania and the United States District Court for the Middle District of Pennsylvania with respect to such matters. Harsco makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

Waiver
Any failure by Harsco to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. In the event a court having jurisdiction finds any portion of this agreement unlawful or for any reason unenforceable, that portion shall not be effective and shall not affect the validity and enforceability of the remainder of the agreement, which shall remain effective. These Terms contain the entire agreement between you and Harsco relating to your use of the Site.

Copyright
This Site, including all information and Materials contained in it, is copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Harsco does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Harsco or of any third party.

Copyright Notice
You agree and acknowledge that Harsco is the owner or licensee of all Web Site design, text, graphics and the selection and arrangement thereof, and all rights in this Site and the materials that appear on the Site, and that you will not challenge those rights or do anything that might impair or damage those rights.

Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of Harsco or third party products or Web sites ("Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to Harsco or their respective owners and are protected under national and trademark and copyright laws. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks and users are not permitted to use the Marks without the prior express written consent of the owner of such mark. Harsco will take all necessary action to enforce its rights.

Duration of This Agreement
This Agreement will continue to be effective until you or we terminate it. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.