Terms of Use

OVERVIEW

By use of this website (the “Site”) of Monarch Mountain Minerals and Aggregates, LLC (“Monarch Mountain”), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the “Terms of Use”).  Please read these Terms of Use carefully before accessing or using this Site.

If you do not agree to these Terms of Use, do not use this Site. Monarch Mountain reserves the right to update or revise these Terms of Use. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

COPYRIGHT

The content of this Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this Site (including its graphics, pictorial matter, and text) without the prior written consent of Monarch Mountain.

TRADEMARKS

Any trademarks, service marks, or tradenames of Monarch Mountain may not be used without the prior written permission of Monarch Mountain. Monarch Mountain claims no interest in marks owned by other entities not affiliated with Monarch Mountain which may appear on this Site.

NO CONFIDENTIALITY

Should you respond with information, feedback, data, questions, comments, suggestions, or the like regarding the content of this Site, the content of any such response shall be deemed not to be confidential and Monarch Mountain shall be free to reproduce, use, disclose, and distribute the response to others without limitation or compensation, provided that Monarch Mountain will always comply with applicable privacy laws.

LINKS TO THIRD PARTY SITES

No hyperlinks to this Site are permitted without Monarch Mountain’s prior written consent. Monarch Mountain has no control over and accepts no responsibility for the content or performance of third party websites. Any links to third party websites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.

NO GUARANTEE OF INTERNATIONAL SERVICE OR COMPLIANCE

Monarch Mountain makes no representation that the content available on this Site is appropriate in every country or jurisdiction.  You are responsible for compliance with applicable local laws, rules and regulations and access to this Site is prohibited anywhere such access would violate same.

DISCLAIMER OF WARRANTIES

This Site is provided “as is,” without any kind of warranty, either express or implied.  Monarch Mountain does not make any warranty that the Site or its contents will be accurate, error-free, or uninterrupted.  The material on this Site is not a warranty as to any product or service provided by Monarch Mountain.

LIMITATION OF LIABILITY

Monarch Mountain is not liable for any errors, delays, inaccuracies, or omissions in this Site or any sites that are linked to, or referred to by, this Site. Under no circumstances shall Monarch Mountain be liable for any damages, including indirect, incidental, special, or consequential damages that result from the use of, or inability to use, this Site whether based on actions in contract, tort, negligence, strict liability, or otherwise, even if Monarch Mountain has been advised of the possibility of such damage.

JURISDICTION AND VENUE

You and Monarch Mountain agree that the laws of the State of Georgia will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Monarch Mountain also agree and hereby submit to the exclusive personal jurisdiction and venue of the State Court of Fulton County, Georgia, and the United States District Court for the Northern District of Georgia with respect to such matters.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Monarch Mountain with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Monarch Mountain with respect to this Site. If any provision(s) of these Terms of Use are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.