Effective Date: April 2011
your conduct and use of the website
Unless you are a person or entity that has prior authorization from Hecla, you may violate federal law if you: (1) initiate the transmission to Hecla computers or devices of a commercial electronic mail message (as defined in the federal Can-Spam Act of 2003) that does not meet the message transmission requirements of that Act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
your licenses to Hecla
All content available through the Website is owned by or licensed to Hecla, and Hecla or its licensors own all copyrights in the content available through the Website. All content of the Website is Copyright 2011, Hecla Mining Company, except as otherwise stated. At times, Hecla may display content that affiliates, service providers, or other third parties have copyrights or other legal rights in. In general, such affiliates, service providers, or other third parties own the copyrights and other legal rights in such content.
You are permitted to view any of the content available through the Website for your own personal, non-commercial, use, provided that you do not change or delete any proprietary notices from any such content. You may not use, copy, reproduce, republish, transmit, distribute or modify any of the content available through the Website in any way, including in advertising or in any other public distribution of materials on or from the Website, without Hecla’s prior written consent.
In general, all trademarks, service marks, and trade names displayed on or through the Website, including, without limitation, Hecla Mining Company, are trademarks or registered trademarks of Hecla. At times, the Website may display trademarks, service marks, and trade names of affiliates, service providers or other third parties. In general, such affiliates, service providers or other third parties own those trademarks, service marks and trade names.
THE WEBSITE AND ALL WEBSITE ACTIVITIES, SERVICES, CONTENT AND EVERY OTHER ASPECT OF THE WEBSITE (COLLECTIVELY, “COMPLETE SITE”) IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, EFFORT AND RESULTS OF OR FROM THE COMPLETE SITE IS WITH YOU. NEITHER HECLA NOR ANY OF HECLA’S SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES MAKES ANY COMMITMENT OR WARRANTY, AND EACH OF THEM DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; (H) OF PROTECTION FROM MISREPRESENTATION, DEFAMATION, OBSCENITY OR THE LIKE; AND (I) OF ANY KIND CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT HECLA WOULD BE LIABLE TO YOU IN CONNECTION WITH SUCH DUTY ONLY IN THE EVENT OF WILLFUL MISCONDUCT BY HECLA. ALSO, THERE ARE NO WARRANTIES OF TITLE OR QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
no incidental, consequential or certain other damages
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER HECLA NOR ANY OF HECLA’S SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, ATTORNEY, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR, WITHOUT LIMITATION: LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), FOR ANY OTHER INDIRECT DAMAGES OR FOR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE SITE OR TO ANY BREACH OR FAILURE OF ANY KIND BY HECLA OR HECLA’S SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
limitation of liability and exclusive remedy
third party claims and indemnification
linking to the website
You may link to the Website as long as you comply with the following requirements:
You cannot copy portions of the Website to a server, except as part of an internet service provider’s incidental caching of webpages. Hecla reserves the right to require you to discontinue from linking to the Website at any time. In such event, you must immediately remove any such links.
termination of use of website
You acknowledge and agree that Hecla has the right to terminate your use of, or otherwise block your access to, the Website for any reason or no reason and without any notice to you.
governing law and choice of venue