Terms of Use and Sale

ByShovel LLC operates a family of public-records research tools, including Mining Incidents (miningincidents.org), Safety Incidents (safetyincidents.org) and The Vault Report (thevaultreport.com). These terms cover the free sites and anything you buy from any of them. ByShovel LLC is the contracting party on every purchase, whichever brand you bought it through, and your card statement will show BYSHOVEL.COM.

1. What this data is

We index public records: enforcement, accident, employment and health-sampling data published by federal agencies including the Mine Safety and Health Administration, the Occupational Safety and Health Administration, the Department of Labor's Wage and Hour Division and the Securities and Exchange Commission, along with public market and production data. We reproduce those records and we compute figures from them. We are not a government agency and are not affiliated with or endorsed by one.

2. Reproduced records and derived figures are different things

A reproduced record is a public record shown as the source published it. Where the source's own record is wrong, incomplete, or later revised, ours inherits that.

A derived figure is our own calculation on top of those records: rates, exposure concentrations, benchmarks, percentile ranks, trends, and any summary or profile we produce. Derived figures depend on methodology choices we make, and reasonable analysts could make different ones. They are our analysis, offered as such, and not findings of fact.

3. An allegation is not a finding

Enforcement records carry a specific legal meaning that is easy to misread. A citation is an inspector's allegation, and a proposed penalty is an assessment the subject may contest. Contested assessments are frequently reduced or vacated. A company appearing in these records has not thereby been found liable for anything. Where we hold the outcome we show it.

4. This is not professional advice

Nothing we publish or sell is legal advice, safety or compliance advice, underwriting or actuarial advice, employment advice, or investment advice. We index public records and analyse them. We do not advise, and no relationship of professional reliance is created by using our sites, buying from us, or speaking with us in a consultation, whether or not that consultation is paid. Decisions about insurance, contracting, litigation, hiring or investment are yours, and you should take appropriate professional advice on them.

5. No warranty

Everything we publish and sell is provided as is and as available. We do not warrant that the data is accurate, complete, current, or fit for any particular purpose, and we disclaim all implied warranties to the fullest extent the law allows. Source data is revised, corrected and republished on the publishers' own schedules, so any figure is a snapshot as of its stated date.

6. Limitation of liability

To the fullest extent permitted by law, ByShovel LLC's total liability arising out of or relating to our sites, our data, or anything you buy from us is limited to the amount you paid us for the item giving rise to the claim in the twelve months before the claim arose. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business, or losses arising from decisions made in reliance on the data. Some jurisdictions do not allow certain of these limitations, in which case they apply to the maximum extent permitted.

7. Corrections: how to tell us we are wrong

We would genuinely rather be corrected than be wrong, and you do not have to be a customer to correct us.

Send what you believe is incorrect, with the material evidence, to the brand that published it (addresses in section 11). Useful evidence is the kind that settles it: the source record, a docket decision, a corrected filing, or the identifier of the entity in question.

We will acknowledge your report, tell you what we find, and correct anything shown to be wrong. Where the error is in our own derived figure or in how we resolved an entity, we fix it directly. Where the error is in the underlying public record, we cannot change the source's data, but we will note the dispute against the record and point you to the publisher's own correction process. Corrections propagate on our next refresh.

8. What you may do with what you buy

A report or dataset you buy is yours to use in your work, including sharing it with a client or including it in advice or a filing you prepare for them. You may not resell it as a standalone product, republish it publicly in bulk, or present our derived figures as your own original research without attribution. The underlying public records carry no such restriction; these terms apply to our compilation and analysis. Bulk and machine-training use is licensed separately: see licensing.

9. Refunds

If something we deliver does not cover what we said it would, tell us within thirty days and we will fix it or refund it. Subscriptions can be cancelled at any time and stop at the end of the paid period.

10. Privacy

We do not sell personal information. Records about businesses are business records, but small businesses sometimes register a home address with a regulator, and we withhold residential street addresses, showing city and state only. If you believe a personal address of yours is exposed on one of our sites, write to us and we will remove it.

11. Product terms and contact

A brand may publish its own annex covering product specifics, which sits alongside these common terms. Where an annex and these terms conflict on a product-specific point, the annex governs for that product. Where a brand has no annex, the terms on this page govern its products in full.

Notice to us under these terms, including anything about a charge, a refund, or a dispute, goes to ByShovel LLC at hello@byshovel.com or 765-278-7186. That is the single contact for the company that sold you the product, whichever brand you bought it through, and it matches the BYSHOVEL.COM line on your card statement.

Product annexes, and the fastest route for a data correction, which is the brand that published the record because that is where the data lives:

• Mining Incidents · product terms · hello@miningincidents.org
• The Vault Report · no annex yet, this page governs · hello@thevaultreport.com

12. Changes and governing law

We may update these terms; the date at the top shows when they last changed. Material changes will not apply retroactively to something you have already bought. These terms are governed by the laws of the State of Indiana. This English version governs.