Blackhawk Mining Terms and Conditions
Effective Date: September 24, 2026
Last Updated: September 24, 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website located at blackhawkmining.com, including webpages, materials, forms, permit-related resources, employment information, documents, and other online features made available through the website (collectively, the “Website”).
The Website is owned or operated by Blackhawk Mining, LLC (“Blackhawk,” “we,” “us,” or “our”).
Please read these Terms carefully before using the Website.
By accessing or using the Website, you acknowledge that you have read and understand these Terms and agree to be bound by them to the extent permitted by applicable law.
If you do not agree with these Terms, you should discontinue use of the Website.
- ABOUT BLACKHAWK MINING
Blackhawk Mining, LLC is engaged in coal mining, production, processing, marketing, and related business activities.
The Website provides general information concerning Blackhawk, its operations, employment opportunities, corporate responsibility initiatives, permits, community activities, safety efforts, environmental stewardship, and other business matters.
- WEBSITE FOR INFORMATIONAL PURPOSES
Unless expressly stated otherwise, content provided through the Website is made available for general informational purposes.
Website content does not constitute:
- A binding business offer.
- A contract for the purchase or sale of coal or other products.
- A guarantee of product availability.
- Investment advice.
- Financial advice.
- Legal advice.
- Environmental advice.
- Engineering advice.
- Employment advice.
- Safety advice.
- Regulatory advice.
- A guarantee regarding future operations or performance.
Any binding transaction with Blackhawk must be governed by the applicable written agreements between the relevant parties.
- ACCEPTANCE OF THESE TERMS
By accessing or using the Website, you agree to use it only in accordance with these Terms and applicable law.
If you use the Website on behalf of a business, organization, government agency, or other entity, you represent that you are authorized to act on behalf of that entity in connection with your use of the Website.
- CHANGES TO THESE TERMS
Blackhawk may modify these Terms from time to time to reflect changes in the Website, applicable law, Blackhawk’s business practices, technologies, or other circumstances.
The “Last Updated” date will indicate when these Terms were most recently revised.
Your continued use of the Website after revised Terms become effective constitutes acknowledgment of the revised Terms to the extent permitted by applicable law.
- WEBSITE AVAILABILITY
Blackhawk may modify, suspend, restrict, discontinue, or remove any portion of the Website at any time.
Blackhawk does not guarantee that:
- The Website will always be available.
- Access will be uninterrupted.
- All Website features will continue to be offered.
- Website content will always remain unchanged.
- Information will always be immediately updated.
Maintenance, technical issues, cybersecurity events, telecommunications failures, third-party service interruptions, or circumstances outside Blackhawk’s reasonable control may affect Website availability.
- ACCURACY OF INFORMATION
Blackhawk makes reasonable efforts to present useful and accurate information. However, Website content may occasionally contain errors, omissions, outdated information, or technical inaccuracies.
Information concerning mining operations, production, reserves, sales, transportation, personnel, facilities, employment opportunities, environmental matters, permits, or other business matters may change over time.
Blackhawk reserves the right to correct or update Website content without notice.
- MINING AND OPERATIONAL INFORMATION
Information concerning Blackhawk’s mining operations is provided for general informational purposes and should not be treated as a substitute for official operational, engineering, safety, environmental, contractual, or regulatory documentation.
Mining activities are affected by numerous factors, including geological conditions, commodity markets, equipment availability, transportation, customer demand, workforce considerations, governmental actions, permit requirements, safety conditions, weather, and other circumstances.
Website information should not be relied upon as a guarantee regarding current or future mining activity.
- PRODUCTION, RESERVE, AND SALES INFORMATION
The Website may contain information relating to production volumes, historical sales, reserves, reserve life, coal quality, transportation, mining methods, or other operational measurements.
Such information may be based upon estimates, historical information, assumptions, technical analyses, or information available as of a particular date.
Actual future results may differ.
Unless expressly stated otherwise in a binding written agreement, Website information concerning reserves, production, sales, or operational capacity does not constitute a representation, warranty, guarantee, or commitment to any Website visitor.
- FORWARD-LOOKING INFORMATION
Certain Website content may include statements concerning expectations, plans, goals, future activities, anticipated performance, potential investments, operational strategies, environmental initiatives, market conditions, or other future matters.
Such statements are inherently subject to uncertainties and changing circumstances.
Actual events or results may differ from expectations, and Blackhawk assumes no obligation to update forward-looking Website statements except where required by applicable law.
- NO OFFER OR SOLICITATION
Nothing on the Website constitutes an offer to sell or a solicitation to purchase securities, ownership interests, investments, coal, commodities, property, or other products unless expressly stated in a separate legally binding document.
Website materials should not be relied upon as the sole basis for an investment, commercial, procurement, or financial decision.
- EMPLOYMENT INFORMATION
The Website may display employment information or provide links to employment opportunities.
Job postings are subject to change, withdrawal, modification, or closure at any time.
The presence of an employment opportunity on the Website does not guarantee:
- That the position remains available.
- That any applicant will receive an interview.
- That any applicant will receive an offer.
- Any particular compensation or benefit.
- Any particular employment duration.
- That an employment relationship will be created.
Employment decisions are made in accordance with Blackhawk’s applicable employment practices and legal obligations.
- THIRD-PARTY RECRUITING PLATFORMS
Blackhawk may use an external recruiting or applicant-management provider to host job openings and receive applications.
When you follow an employment link to an outside platform, you leave the Blackhawk Website and become subject to that provider’s applicable terms and privacy practices.
Blackhawk is not responsible for the independent operation, availability, security, or privacy practices of an external recruiting platform.
- PERMIT INFORMATION AND PERMIT PORTAL
The Website may provide access to mining permits, regulatory materials, reports, downloadable documents, or a permit portal.
Such resources are provided for convenience and general informational purposes.
Visitors should not assume that online permit materials constitute a complete or current governmental record.
Official permit status, regulatory obligations, permit conditions, filings, or government records should be confirmed through the appropriate regulatory authority when legally or operationally necessary.
- ENVIRONMENTAL INFORMATION
The Website may contain information concerning environmental stewardship, reclamation, regulatory compliance, water management, emissions, land use, sustainability, or other environmental matters.
Such content describes Blackhawk’s programs, activities, objectives, or practices and should not be interpreted as environmental, engineering, or regulatory advice.
Requirements applicable to a particular mining site or activity may differ according to location, permit, law, regulation, operational circumstances, and government authority.
- SAFETY INFORMATION
Safety information published through the Website is intended to communicate Blackhawk’s general safety philosophy, programs, achievements, or practices.
Website content is not a substitute for:
- Required mine-safety training.
- Site-specific safety procedures.
- Employee training.
- Contractor training.
- Operational instructions.
- Federal or state safety requirements.
- Mine-specific policies.
- Instructions provided by Blackhawk safety personnel.
No person should enter, access, or perform work at a Blackhawk location based solely upon information obtained from the public Website.
- NO AUTHORIZATION TO ENTER MINING PROPERTY
Nothing contained on the Website grants permission to enter any mine, preparation plant, office, processing facility, transportation area, reclamation area, private road, restricted area, or other property owned, operated, controlled, leased, or used by Blackhawk.
Access to mining property may require express authorization, appropriate credentials, safety training, personal protective equipment, escorts, and compliance with applicable safety procedures.
Unauthorized entry may be prohibited by law and may expose individuals to serious hazards.
- CONTACT FORMS
The Website may allow users to communicate with Blackhawk through contact forms.
You agree that information submitted through Website forms will be truthful and will not:
- Impersonate another individual.
- Contain fraudulent information.
- Contain malicious software.
- Include unlawful material.
- Be submitted for harassment or abusive purposes.
- Attempt to disrupt Website operations.
Submission of a contact form does not create a contractual, fiduciary, employment, professional, or other special relationship with Blackhawk.
- PRIVACY
Blackhawk’s collection and use of personal information through the Website is governed by the Blackhawk Mining Privacy Policy.
The Privacy Policy is incorporated into these Terms by reference.
By using the Website, you acknowledge that information may be processed as described in the Privacy Policy, subject to applicable law and your available privacy choices.
- COOKIES AND WEBSITE TECHNOLOGIES
The Website may use cookies, analytics tools, tag-management technologies, and similar technologies as described in the Privacy Policy.
Where required by law, visitors may be provided with a cookie consent banner or preference center through which optional technologies may be accepted, rejected, or customized.
- OUTSIDE MARKETING AND WEBSITE SERVICE PROVIDERS
Blackhawk may engage outside marketing agencies, website administrators, developers, analytics providers, consultants, communications professionals, and other service providers to support the Website and Blackhawk’s digital communications.
These providers may assist with Website administration, analytics, content management, search optimization, marketing, advertising, communications, technical support, performance monitoring, and related activities.
Their access to Website information is governed by Blackhawk’s applicable agreements, privacy practices, and legal obligations.
- THIRD-PARTY WEBSITES
The Website may contain links to websites or services operated by parties other than Blackhawk.
These links may include employment platforms, governmental resources, industry organizations, professional associations, social media services, or other external websites.
Blackhawk does not control independent third-party websites and is not responsible for their:
- Content.
- Accuracy.
- Availability.
- Security.
- Accessibility.
- Privacy practices.
- Terms of use.
- Products or services.
A link does not necessarily constitute Blackhawk’s endorsement of every statement, product, organization, or service appearing on the linked website.
- INTELLECTUAL PROPERTY
Unless otherwise indicated, the Website and its content are owned by, licensed to, or used with permission by Blackhawk.
Protected content may include:
- Text.
- Graphics.
- Logos.
- Photographs.
- Videos.
- Website layouts.
- Designs.
- Icons.
- Downloadable materials.
- Documents.
- Maps.
- Data compilations.
- Brand elements.
- Software.
- Other Website materials.
Such materials may be protected by copyright, trademark, trade dress, unfair competition, and other intellectual-property laws.
- LIMITED PERMISSION TO USE WEBSITE MATERIALS
Blackhawk grants Website visitors a limited, revocable, non-exclusive, non-transferable right to access publicly available Website content for lawful personal, informational, or legitimate business purposes.
Unless authorized in writing, you may not:
- Reproduce substantial Website content.
- Sell Website content.
- Republish Website materials commercially.
- Modify Blackhawk branding.
- Remove copyright notices.
- Create misleading derivative materials.
- Use Website materials in a manner suggesting Blackhawk endorsement.
- Scrape or systematically extract Website content for unauthorized commercial purposes.
- TRADEMARKS
Blackhawk Mining, Blackhawk logos, and other Blackhawk names, marks, graphics, slogans, and branding may constitute trademarks, service marks, or other protected identifiers.
Nothing on the Website grants a license to use Blackhawk’s trademarks except with Blackhawk’s express written permission or as otherwise permitted by law.
- PHOTOGRAPHS AND MEDIA
Photographs, videos, graphics, mine imagery, employee imagery, equipment imagery, maps, and other visual media appearing on the Website may be owned by Blackhawk or used under license or permission.
They may not be reproduced, distributed, sold, modified, or used commercially without appropriate authorization.
- PROHIBITED USES
You may not use the Website to:
- Violate applicable law.
- Interfere with Website operation.
- Circumvent Website security.
- Gain unauthorized access to systems or information.
- Transmit malware.
- Conduct automated attacks.
- Scrape restricted information.
- Test vulnerabilities without permission.
- Impersonate Blackhawk or its employees.
- Misrepresent an affiliation with Blackhawk.
- Collect information about other users unlawfully.
- Submit fraudulent communications.
- Use Website content in a defamatory or deceptive manner.
- Engage in conduct that could damage Blackhawk’s systems or reputation unlawfully.
- CYBERSECURITY AND UNAUTHORIZED ACCESS
Attempting to gain unauthorized access to Blackhawk computer systems, Website administration areas, networks, databases, employee accounts, permit systems, servers, or other restricted resources is prohibited.
Blackhawk may investigate suspected security incidents and may cooperate with law enforcement, cybersecurity professionals, hosting providers, regulators, or other appropriate parties.
- USER-SUBMITTED INFORMATION
Except for information subject to the Privacy Policy or another written confidentiality obligation, information voluntarily submitted through general Website communications should not be assumed to create a confidential relationship.
Do not submit confidential business information, trade secrets, proprietary materials, financial credentials, government identification numbers, or other highly sensitive information through general Website forms unless specifically requested by Blackhawk through an appropriate channel.
- DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BLACKHAWK DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
- MERCHANTABILITY.
- FITNESS FOR A PARTICULAR PURPOSE.
- TITLE.
- NON-INFRINGEMENT.
- ACCURACY.
- RELIABILITY.
- AVAILABILITY.
- SECURITY.
Blackhawk does not warrant that the Website will be uninterrupted, error-free, free from harmful components, or suitable for every visitor’s intended purpose.
Nothing in this section excludes a warranty that cannot lawfully be excluded.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKHAWK AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE.
This may include damages associated with:
- Lost data.
- Lost opportunities.
- Business interruption.
- Loss of profits.
- Reliance upon Website information.
- Third-party websites.
- Unauthorized access.
- Website outages.
- Viruses or malicious code.
This limitation applies only to the extent permitted by applicable law.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
- INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Blackhawk and its affiliates, officers, directors, employees, representatives, and agents from claims, liabilities, losses, damages, and reasonable expenses arising out of your unlawful use of the Website, your material violation of these Terms, or your infringement of the rights of another party.
This provision does not apply where prohibited by applicable law.
- TERMINATION OR RESTRICTION OF ACCESS
Blackhawk may restrict or terminate access to all or part of the Website if Blackhawk reasonably believes a user:
- Violated these Terms.
- Attempted unauthorized access.
- Threatened Website security.
- Engaged in fraudulent activity.
- Misused Website resources.
- Violated applicable law.
Blackhawk may take such action without prior notice where reasonably necessary to protect Blackhawk, its systems, its users, or third parties.
- GOVERNING LAW
Except where applicable law requires otherwise, these Terms and your use of the Website will be governed by the laws of the Commonwealth of Kentucky, without regard to principles concerning conflicts of law.
- JURISDICTION AND VENUE
To the extent legally permitted, disputes arising specifically from use of the Website or these Terms shall be brought in an appropriate state or federal court having jurisdiction in or over Fayette County, Kentucky.
Nothing in this provision prevents Blackhawk from seeking appropriate injunctive or equitable relief in another jurisdiction where necessary to protect its property, intellectual property, information systems, or legal rights.
- SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed where necessary.
The remaining provisions will continue in full force and effect.
- NO WAIVER
Blackhawk’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or Blackhawk’s right to enforce it later.
A waiver is effective only when expressly made by an authorized Blackhawk representative.
- NO THIRD-PARTY BENEFICIARIES
Except where expressly stated otherwise, these Terms do not create rights or remedies for any third party.
- ASSIGNMENT
You may not assign rights or obligations arising under these Terms without Blackhawk’s consent where such consent is legally required.
Blackhawk may assign its rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, or other lawful business transaction.
- FORCE MAJEURE
Blackhawk will not be responsible for failures or interruptions caused by events beyond its reasonable control, including natural disasters, severe weather, fires, floods, labor disruptions, utility failures, telecommunications failures, cyber incidents, governmental actions, war, civil unrest, epidemics, transportation disruptions, equipment failures, or similar events.
- ENTIRE AGREEMENT REGARDING WEBSITE USE
These Terms, together with the Privacy Policy and any additional terms expressly applicable to a particular Website feature, constitute the agreement between you and Blackhawk concerning general use of the Website.
These Terms do not replace separate written contracts governing commercial transactions, employment, vendor relationships, mining operations, property rights, or other relationships with Blackhawk.
If a separately executed written agreement conflicts with these Terms regarding a matter governed by that agreement, the executed agreement will control.
- CONTACT
Questions concerning these Terms may be directed to:
Blackhawk Mining, LLC
250 West Main Street
Suite 2000
Lexington, KY 40507
Phone: (859) 543-0515
Email: [email protected]
- ACKNOWLEDGMENT
By accessing or continuing to use the Website, you acknowledge that you have had an opportunity to review these Terms and agree to comply with them to the extent permitted by applicable law.