WARNINGS AND DISCLAIMERS FOR MICHIGAN MINING LLC AND USERS OF WWW.MICHIGANMININGLLC.COM AND WWW.RAILBALLAST.COM

GENERAL

The warnings and disclaimers contained in this warning and disclaimer section are appli-cable to all users and visitors to www.michiganminingllc.com and www.railballast.com, emails and other communications with officers and staff Michigan Mining LLC (also re-ferred to as “Michigan Mining”). All email messages emanating from or received by Michigan Mining and each page of the www.michiganminingllc.com website contain links to this disclaimer page.

In plain language, except as otherwise provided, nothing contained in any electronic communication or anywhere on the www.michiganminingllc.com and www.railballast.com websites may be considered legal or any other advice, or relied on in any way to conduct your business or legal affairs or business.

Michigan Mining publishes this website as a service to our customers and friends for in-formational purposes only, and not for the purpose of providing advice. You should not consider any information on this website to be advice and should not act upon any such information without undertaking and completing your own investigation and due dili-gence. Use of and access to this website does not any relationship between Michigan Mining or its officers and/or staff and the user or person browsing this website. Accord-ingly, do not send us any confidential information unless and until a formal business rela-tionship has been established. Unsolicited information sent to Michigan Mining, or any of its personnel, will not protect or assure delivery of any such information. If any communication from this website is not in conformity with any jurisdiction’s rules and regulations governing such material, Michigan Mining cannot, does not, will not, accept responsibility.

We have attempted to provide users of this website with information that is of general interest, and access to other websites of possible interest by installing hyperlinks to such sites. Michigan Mining makes no representation or warranty whatsoever, including the accuracy or completeness, of any of the information that may be provided by or accessed from this website. By including a hyperlink to another website, Michigan Mining makes no endorsement of the views or opinions stated therein.

For further information, please contact the email addresses provided elsewhere on this website.

The following requirements must exist before you can rely on any electronic communication, including this website:

     1. There must be an business relationship established between you and Michigan Mining, which requires a written agreement signed by Michigan Mining; and,

     2. The communication must be identified by Michigan Mining as establishing a business relationship.

LEGAL DISCLAIMERS

Interception and disclosure. The information you are receiving is protected from inter-ception or disclosure. Any person who intentionally distributes, reproduces or discloses its contents is subject to the penalties set forth in 18 United States Code, Section 2511 and/or related US State and federal laws.

Privilege and confidentiality. This Internet message may contain information that is privileged, confidential, and exempt from disclosure. It is intended for use only by the person to whom it is addressed. If you have received this in error, please (1) do not for-ward or use this information in any way; and (2) contact me immediately.

Electronic signature. Neither this information block, the typed name of the sender, nor anything else in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.

Tax advice: IRS Circular 230 Disclosure. To ensure compliance with requirements im-posed by the United States Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Civil Air Patrol warning regarding U/FOUO information. The Michigan Mining email system may occasionally be used for Civil Air Patrol or United States Air Force communications. If so, they will be identified as such. In such cases, the message may contain information that is designated by the United States Department of Defense (DoD) as For Official Use Only (FOUO) and may not be released to anyone without the express prior permission of NHQ CAP and/or CAP-USAF on a need-to-know basis. The information you are receiving in such a case is protected from interception and/or disclosure by State and federal criminal law. Any person who intentionally distributes, reproduces or discloses the contents of such communications is subject to the penalties set forth in 18 United States Code, Section 2511 et seq. and related State and federal law, which include fines and imprisonment. If this message is received inadvertently you must immediately contact the sender.

General Disclaimer regarding communications, writings and www.michiganminingllc.com and www.railballast.com. Michigan Mining, and its of-ficers and staff, shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained in any writing, email or other communication, or for anything published on the www.michiganminingllc.com and www.railballast.com websites, software and/or books. Regardless of any specific writing or written statement, no recommendation is made by Michigan Mining or its officers and staff to follow any course of action. No representation is made that following any statement contained in any writing published on www.michiganminingllc.com and www.railballast.com websites, communications from Michigan Mining or any of its attorneys or staff will produce any result or work in any matter related to you. 

Every effort has been made to make the www.michiganminingllc.com and www.railballast.com websites as complete and as accurate as possible. However, it is intended only as a service for its visitors and is not business or legal advice.

Email warnings and disclaimers. You have accessed this web page by clicking on the warnings and disclaimer hyperlink appearing on an official email communication from Michigan Mining (“the email”). The full text of the warnings and disclaimers appears below and is legally incorporated into the email you have received and is binding on the recipient and any other persons or entities who view the email communication. Any for-warding, or electronic or physical reproduction of the email must be accompanied by these warnings and disclaimers.

EMAIL USAGE: CONFIDENTIALITY AND DISCLAIMER WARNINGS

Confidentiality Warning. This email and any files or attachments transmitted with it are confidential and intended solely for the use of the individual or entity to whom, or to which they are addressed. If you are not the intended recipient of this email (or such per-son’s authorized representative), please notify the sender of this email immediately by return email, facsimile or telephone and delete this message, together with any, and all attachments from your computer. If you are not the intended recipient then you may not, furthermore, print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person, nor rely, or cause to be relied, on the information contained herein.

Warning concerning privilege and authority to bind. The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation from the company. While Michigan Mining may be entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, our employees or representatives may not conclude agreements or otherwise bind our company via email (or otherwise in writing, through conduct or verbal communication) unless the email is sent by a Michigan Mining officer or authorized staff or its attorneys. In the event of any doubt, recipients of Michigan Mining email should confirm with the sender whether the sender has the necessary authority to bind the company, and if necessary, may request that the sender’s superior confirm this in writing prior to concluding any agreement via email.

Disclaimer concerning viruses. Although Michigan Mining has taken reasonable pre-cautions to ensure no viruses are present in this email, the company cannot accept re-sponsibility for any loss or damage arising from the use of this email or attachments re-sulting from malicious software code or viruses contained in this message or attachments, including data corruption resulting there from. Michigan Mining warns all recipients that computer viruses can be transmitted via email. Email transmission cannot be guaranteed to be secured or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The recipient should check this email and any attachments for the presence of viruses.

Disclaimer concerning sending of spam. Michigan Mining employees are prohibited from sending unsolicited messages (“spam”). If this email contains spam then the em-ployee has acted outside the scope of her or his employment with Michigan Mining for which the company accepts no liability whatsoever. Disciplinary action will be taken against such employees in addition to any legal action that may be instituted against such employees either by the firm, regulatory authorities and/or other external parties. If you regard this message as spam, please inform Michigan Mining immediately.

Disclaimer concerning sending of offensive, derogatory or defamatory matter. Michigan Mining employees are prohibited from sending messages containing offensive, derogatory or defamatory statements or materials. If this email contains such matters then the employee has acted outside the scope of her or his employment with Michigan Min-ing for which the company accepts no liability whatsoever, and only the sender can be held liable in his/her personal capacity. See also “Disclaimer concerning personal usage of email.”

Disclaimer concerning personal usage of company email. The use of firm infrastruc-ture including email and internet facilities is intended for firm work-related product only. Michigan Mining does not accept any liability to recipient(s), either within Michigan Mining or external to the firm, for the actions of its employees when acting in a personal capacity and disclaims any liability for the contents of email sent by company employees using company facilities that contain partial or complete personal content. For the pur-pose of this policy the terms “personal use,” “personal reasons” and “personal content” refers to the usage of firm facilities such as email to convey messages to a recipient(s), be it within Michigan Mining or external to the firm, that is not company work-related product.

Notice concerning monitoring of email. Michigan Mining employees making use of company facilities to send and receive emails, and the recipients or senders of such emails, are informed that the firm has the right to monitor the use of its facilities including the contents of emails sent and received by employees. The firm endeavors to protect the privacy rights of its employees provided that such rights do not impair, harm or threaten the rights of the firm and its legitimate interests, or any laws, rules and/or regula-tions of external authorities that may be binding on the company.

General. Unless otherwise agreed: (a) Michigan Mining is only deemed to have received an email once the recipient has confirmed receipt thereof to you; (b) the company deems to have sent an email once reflected as sent by our email service provider. For the purposes of this Confidentiality and Disclaimer Warning in respect of the usage of Michigan Mining email, the term employee refers to any person, whether employed on a permanent, temporary or contract basis who has access to email services provided by Michigan Mining LLC.