Acceptance of Terms

The services that Mine Performance Dashboard provides to you are subject to the following Terms of Use (“TOU”). GroundHog reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

Description of Services

Through its network of services, Mine Performance Dashboard provides you with access to a variety of resources. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

GroundHog collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with our products. The data we collect depends on the context of your interactions with GroundHog and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third parties.

Notice Specific to Application Available on the Power BI App store

The Mine Performance Dashboard is the copyrighted work of GroundHog and/or its suppliers. Use of the application is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any application that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The application is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the application not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such application. The application is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, GroundHog hereby disclaims all warranties and conditions with regard to the application, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, GroundHog may make available as part of the services, tools and utilities for use and/or download. GroundHog does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.

Notice Specific to Documents Available on this Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Microsoft.com website or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website may be copied or retransmitted unless expressly permitted by Microsoft.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME

Notices Regarding Software, Documents, and Services Available on this Website

In no event shall GroundHog and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GroundHog immediately of any unauthorized use of your account or any other breach of security. GroundHog will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GroundHog or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the application, you will not use the application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the application.

Materials Provided to GroundHog

GroundHog does not claim ownership of the materials you provide to GroundHog (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting GroundHog, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. GroundHog is under no obligation to post or use any Submission you may provide and GroundHog may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Links to Third Party Sites

The links in this area will let you leave GroundHog’s site. The linked sites are not under the control of GroundHog and GroundHog is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GroundHog is not responsible for webcasting or any other form of transmission received from any linked site. GroundHog is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GroundHog of the site.

Unsolicited Idea Submission Policy

GroundHog or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GroundHog’s products or marketing strategies might seem similar to ideas submitted to GroundHog. So, please do not send your unsolicited ideas to GroundHog or anyone at GroundHog. If, despite our request that you not send us your ideas and materials, you still send them, please understand that GroundHog makes no assurances that your ideas and materials will be treated as confidential or proprietary.