Terms of Service for Evaluate

Thank you for selecting the Services offered by Evaluate. Evaluate is part of Mining Intelligence, which is a division of Glacier RIG Ltd., a fully owned subsidiary of GVIC Communications Corp.

Evaluate’s Surface Evaluation Application allows for an “order of magnitude” comparative analysis of mining projects using surface mining methods. The intellectual property forming the basis of the application was developed and refined over the last 20 years by mining engineers and geologists for scoping and pre-feasibility level exploration project cost estimates and economic evaluations.

Please review these Terms of Service (“Agreement”) thoroughly. The Agreement is a legal agreement between you and Mining Intelligence that describes the terms governing your use of the Evaluate Services provided to you, including the Surface Evaluation Application, its underlying Content, updates and new releases (collectively, the “Services”). By clicking “I agree to the terms of service,” or by assessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, you may not use the Services.

1. Users

When you initially register for and create an account for the Service, you are the user (herewithin referred to as “you,” “your,” or “User”) of the account. All Users are required to accept this Agreement before accessing the Services. As any user of the Services, all the terms apply to you each time you access the Services.

2. Subscription

2.1 Payment for Services
  • a. The Services are licensed on a yearly subscription basis to the User who pays for the Service. There are three payment plan options for the yearly subscription: monthly, quarterly, and annual.
  • b. Payments will be billed to you in US dollars, and your account will be debited when you subscribe and provide your payment information.
  • c. You must pay with a valid credit card or by another payment option Mining Intelligence provides to you in writing.
  • d. If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  • e. Mining Intelligence will automatically renew your Services at the then-current rates, and according to the payment plan you selected, unless the Services subscription is cancelled or terminated under this Agreement.
2.2 Subscription Cancellation
  • a. You may notify us if you want to cancel the subscription prior to the beginning of the new subscription period. A 30-day notice period is required if you are on a monthly or quarterly payment plan.
  • b. In the event that Mining Intelligence is unable to charge your chosen payment method in accordance with this Agreement, we may terminate this Agreement and stop access to the Services immediately, without notice. If you stop using the Services, Mining Intelligence has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the Content in the Services. Mining Intelligence is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement. Mining Intelligence will keep a backup of your Content for 12 months following the cancellation or termination of this Agreement.

3. Your Personal Information

Please refer to the Glacier RIG Ltd. Terms and Policies on Personal Information Protection by clicking here. By agreeing to this Agreement, you also agree to the Glacier RIG Ltd. Terms and Policies.

4. Account Features

4.1. Free Trial

If you registered for trial use of the Services, you will have access to the Services for two (2) weeks ("Trial Period"). The Trial Period starts upon your registration for the trial. You must decide to purchase a license to the Services within four (4) weeks of the Trial Period ending in order to retain access to any Content entered and/or created during the Trial Period. You may not be able to access or retrieve any of the Content you entered/created with the Services during the trial should you purchase a license to the Services four (4) weeks after the Trial Period has ended.

4.2. Beta Features

We continuously strive to improve and develop new features in the Services. From time to time, we may include new or updated beta features in the Services (“Beta Features”). We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. Except as prohibited by law, the Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Features is at your sole risk.

5. Content and Use of the Services

5.1 Responsibility of Content

Content includes any data or information that are entered, generated, stored, posted, or otherwise made available through the Services (“Content”), which includes without limitation any Content that users (including you) provide through your use of the Services. Mining Intelligence is not responsible for any of your Content that you enter through the Services.

You agree not to use, nor permit any third party to use, the Services to enter data or information that is knowingly incorrect, fraudulent, deceptive, or that you do not have the right to use without permission from the intellectual property rights owners thereof.

5.2 Restricted Use of the Services

You shall not, and shall not permit any users of the Services, or any other party to use the Services to engage in, solicit, or promote any activity that may be fraudulent or is likely to cause harm or damage to the reputation of Mining Intelligence or subject Mining Intelligence to liability to third parties. Mining Intelligence reserves the right to terminate your use of the Services based on reasonable suspicion of your activities, business, and services you provide that are objectionable or promote, support, or engage in any of the restricted uses described above.

5.3 User Feedback

Mining Intelligence may freely use any feedback you provide. You agree that Mining Intelligence may use your feedback, suggestions, or ideas in any way, including to make future modifications of the Services, develop other products, or use in marketing materials.

6. Intellectual Property Rights

The Services are protected by copyright and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Mining Intelligence. Mining Intelligence reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Mining Intelligence grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

You agree not to reproduce, modify, copy, or resell the Services. You also agree not to decompile, dissemble, or reverse engineer the Services.

7. Limitation of Liability

You are entirely liable for activities conducted by you or by a third party using your username and password in connection with the Services. If you are dissatisfied with the methodology and/or underlying data used in the Services or with these terms of use, your sole and exclusive remedy is to stop using the Services and any analyses or reports generated by the Services. Mining Intelligence will not pay you any damages in connection with your browsing or use of the Services.

In no event will Mining Intelligence be liable for any direct, indirect, special, or consequential damages including but not limited to: lost time, lost money, lost profits, or goodwill, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the Services. Mining Intelligence will not be liable to you or anyone else for any loss or injury resulting from use of the Services and its underlying Content, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the Services and its underlying Content or otherwise. In no event will Mining Intelligence be liable to you or anyone else for any decision made or action taken by you in reliance on the Services.

8. Disclaimer of Warranties

The Services are provided “as is,” without any warranties. Mining Intelligence does not make any guarantees or warranties as to the accuracy, completeness, timeliness, or currentness of results obtained from accessing and using the Services, or any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Services.

Mining Intelligence hereby disclaims any and all express or implied warranties, including but not limited to: warranties of merchantability or fitness for a particular purpose or use and of noninfringement. Mining Intelligence shall not be liable to the other or anyone else for any inaccuracy, delay or interruption in service, error, or omission, regardless of cause, for any damages resulting therefrom.

9. Additional Terms

You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Mining Intelligence if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, or general updates to improve the Services. You agree to receive these updates.

10. Changes

We reserve the right to modify this Agreement, at our sole discretion, at any time. The modifications will be effective when posted through the Services, or on our website for the Services, or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

11. Termination

Mining Intelligence may, in its sole discretion and without notice, restrict, deny, terminate this Agreement, or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper, or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, or unauthorized access issues, to protect the reputation of Mining Intelligence, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Mining Intelligence’s interests or those of another user of the Services. Upon receiving notice from Mining Intelligence that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Mining Intelligence’s rights to any payments due to it. Mining Intelligence may terminate a free account at any time.