CoalCracker

By visiting and using CoalCracker.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. The term “you” refers to anyone who uses, visits and/or views the website. CoalCracker.com (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

Intended Age

While CoalCracker.com delves into a diverse range of topics spanning travel, dining, casinos, gambling, and technology, it’s important to note our content’s intended audience. General information on this website is designed for a vast readership. However, certain content, especially related to casinos and gambling, is explicitly meant for readers aged 21 and above.

Please be aware that this website is primarily tailored for individuals aged 18 and older. If you’re under 18, you’re kindly requested to refrain from using our platform. We haven’t designed our offerings with the European Union’s General Data Protection Regulation (GDPR) in mind, and therefore do not specifically target or cater to users in the European Union. Furthermore, we don’t claim that the information, products, or services on our website are accessible or suitable for use beyond specified regions, including the European Union as governed by the GDPR.

Privacy Policy

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

Disclaimer

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
Mandatory Mediation and Governing Law

You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of the state of Pennsylvania, United States.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Pennsylvania, United States, without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.

Intellectual Property

All elements featured on this website, encompassing but not restricted to text, articles, logos, trademarks, graphics, files, resources, services, products, videos, audio elements, software code, designs, and downloads (herein referred to as the “Content”) are either our property or are licensed to us. They are safeguarded by copyright, trademark, and other intellectual property as well as unfair competition laws.

We grant you a finite, revocable license to print or digitally save Content from this site solely for your personal, educational, non-commercial, and informational purposes. This permission ensures you are not infringing upon any intellectual property rights, including copyrights and trademarks.

It’s expressly understood that you shall not, without our prior written approval, reproduce, replicate, modify, display, distribute, publish, store, transmit, adapt, reverse engineer, lease, sell, or sublicense any portion of the Content, or use it in any unauthorized manner. It is your responsibility to respect all intellectual property laws, and any breach of these terms will render you accountable.

User Content and Lawful Use of the website

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

AFFILIATE / THIRD-PARTY LINKS DISCLOSURE AND DISCLAIMER

At CoalCracker.com, we delve into a myriad of topics, from travel and dining to casinos, gambling, and the latest in tech. Along our journey, we’ve formed partnerships with various businesses and have joined multiple affiliate marketing programs. When we promote or advertise certain products or services on our site and you engage with them, we may earn commissions or rewards. Purchasing through our affiliate links won’t cost you extra.

While we personally recommend some products, services, destinations, or professionals based on our experiences, it’s crucial to remember that these are not blanket endorsements. Always exercise due diligence to ensure you’re accessing the most accurate and beneficial information for your needs.

Notably, we’re participants in the Amazon Services LLC Associates Program, an affiliate advertising initiative designed to enable sites to accrue advertising revenues by promoting and linking to Amazon.com.

Rest assured, our affiliations don’t influence our content’s authenticity. We present these opportunities for your convenience, and there’s no obligation on your part to engage with or purchase through these links. Our goal is to curate meaningful content and the affiliations support CoalCracker.com’s growth and mission.

However, as we venture into the vast digital landscape, it’s worth noting that we don’t hold sway over external websites linked through our platform. They’re responsible for their content, and any outcomes from engaging with them fall outside CoalCracker.com’s purview. Thus, neither CoalCracker.com nor its team can be held accountable for external content or any repercussions thereof.

This disclosure extends across all our platforms – our website, social media channels, emails, and other forms of communication.

GRANT OF RIGHTS

When you share images, videos, testimonials, recordings, statements, or any other submissions (referred to as the “Work”) with us, you provide CoalCracker.com and its associates, including agents, employees, officers, successors, shareholders, partners, and anyone affiliated with us, a global, non-exclusive, royalty-free, perpetual, and irrevocable permission to use, modify, adapt, publish, broadcast, and distribute the Work. This pertains to all our marketing, promotional, and advertising efforts across various platforms like social media, websites, emails, newsletters, commercial offerings, educational resources, and more. When showcasing the Work, we might highlight your general location. Submitting testimonials or reviews on our platforms signifies your consent to let us incorporate those into our promotional endeavors without needing to compensate you.

You relinquish the right to oversee, approve, or limit how we use the Work as outlined above.

Although you’re granting us rights to use the Work, this license is non-exclusive. This means you retain the freedom to utilize the Work in any manner you see fit. We pledge to uphold your privacy and manage personal data in line with CoalCracker.com’s Privacy Policy.

Lastly, by providing your Work, you affirm it doesn’t violate rights of third parties, including intellectual property or privacy rights, and doesn’t feature any inappropriate, illegal, or offensive content.

RELEASE

You and your heirs, successors and assigns, hereby release and forever discharge and hold harmless the Company, its assigns, licensees and successors from any and all claims that may arise regarding the use of the Work including but not limited to suits, debts, dues, expenses, damages, claims and demands of any kind at law or in equity or under any statute, invasion of privacy, defamation, infringement of moral rights, rights of publicity, copyright or any other cause whatsoever related to the use of the Work.

Termination

We reserve the right in our sole discretion to refuse, remove, restrict your access and revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limitation of Liability

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our websites including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

WAIVER OF CLASS ACTIONS

You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.

ENTIRE AGREEMENT

The collective contents of our Terms and Conditions, Privacy Policy, and Disclaimer form the complete understanding between you and our website. This replaces any prior communications, dialogues, negotiations, or discussions you might have had with us, regardless of whether they were in digital format, spoken, or in writing.

Should there be a need to present this agreement, including the Privacy Policy and Disclaimer, in a court or administrative setting, a printed copy of it will be deemed as valid and treated with the same legitimacy as other business-related contracts and printed records.

COUNTERPARTS

These Terms and Conditions can be acknowledged in multiple forms, including but not limited to tele-copier, fax, or digital methods such as encrypted digital signatures or email transmission of a PDF version of the original or its copy. Regardless of the method, once acknowledged, it holds the same weight as if all signatures were on one singular document. Email confirmations and scanned signatures are deemed as valid as original ones. Before procuring our products and/or services, you’ll be required to electronically agree to these Terms and Conditions. By doing so, you commit to abiding by them.