AGREEMENT BETWEEN USER AND EARLE M. JORGENSEN COMPANY ("EMJ")
Welcome to the EMJ web site (the "EMJ Web Site" or "Site"). The EMJ Web Site is offered to you
MODIFICATION OF THESE
EMJ reserves the right to change the terms, conditions, and notices under which
the EMJ Web Site is offered, including but not limited to the charges
associated with the use of the EMJ Web Site. You are responsible for regularly
USE OF SITE. PERSONAL
AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the EMJ Web Site is for your personal and
noncommercial 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 this
Site. Nothing contained herein shall be
construed as conferring by implication, estoppel or otherwise any license or
right under any trademark, copyright or other intellectual property of EMJ, or
any third party.
You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, electronically copy, download and print hard copy portions
of the material from the different areas of this Site solely for your own
noncommercial use, or to place an order with EMJ or to purchase EMJ products.
Any other use of materials on this Site, including but not limited to the
modification, reproduction, distribution, republication, display or
transmission of the content of this Site, without prior written permission of
EMJ is strictly prohibited.
Harassment in any
manner or form on this Site, including via e-mail and chat or by obscene or
abusive language is strictly forbidden. Impersonation of others, including a
EMJ employee, host, or representative or other members or visitors on this Site
is prohibited. You may not upload to, distribute, or otherwise publish through
this Site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable, or which may constitute or encourage a criminal offense, violate
the rights of any party or otherwise give rise to liability or violate any law.
You may not upload commercial content on this Site or use this Site to solicit
others to join or become members of any other commercial online service or
This Site may contain forward looking statements that are subject to risks and
uncertainties that might cause actual results to differ from those foreseen,
including risks detailed in EMJ's annual reports filed with the Securities and
Exchange Commission (the "SEC"), including EMJ's most recently filed
report with the SEC.
The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work or compilation under the United
States, Canadian and other copyright laws, and is the property of EMJ. The collective
work or compilation includes works that are licensed to EMJ. Copyright 2004 –
2005 Earle M. Jorgensen Company. ALL RIGHTS RESERVED. All trademarks, service
marks, and trade names (collectively the "Marks") are trademarks or
registered trademarks of and are proprietary to EMJ, or other respective owners
that have granted EMJ the right and license to use such Marks. Please be advised that EMJ actively and
aggressively enforces its intellectual property rights to the fullest extent of
EMJ respects the
intellectual property of others, and we ask our users and visitors to do the
same. EMJ processes and investigates notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, EMJ will act to remove or disable
access to any material found to be infringing or found to be the subject of
infringing activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
NOTICES AND PROCEDURES
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the web site's designated
agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE.
If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide EMJ the following information. Please be advised that to be
effective, the notification must include ALL of the following:
Notices of claimed
copyright infringement should be directed to:
Earle M. Jorgensen Company
Chief Financial Officer
10650 Alameda Street.
Lynwood, CA 90262
IMPORTANT NOTE: THE
PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EMJ THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY,
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
EMJ does not warrant that product descriptions or other information on this
Site are accurate, complete, reliable, current or error-free. In the event an EMJ product or service is
listed at an incorrect price due to typographical error, an error in pricing
information received from our suppliers or for any other reason, EMJ shall have
the right to refuse or cancel any orders placed for product or service listed
at the incorrect price. EMJ shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is canceled, EMJ shall issue a credit to your credit card account in the
amount of the incorrect price.
ALL PRICES QUOTED ARE
PAYABLE IN U.S. DOLLARS. PRICE
AVAILABILITY AND PRODUCT INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
modified or terminated by EMJ without notice at any time for any reason. The
provisions relating to Copyrights and Trademarks, Disclaimer, Claims,
Limitation of Liability, Indemnification, Applicable Laws, Arbitration and
General, shall survive any termination.
EMJ does not and cannot review all communications and materials posted to or
created by users accessing this Site and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user generated content on
this Site, EMJ is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents or activities
on this Site. However, EMJ reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another, (d) in violation of
any law or regulation or (e) offensive or otherwise unacceptable to EMJ at its
Note that any personally identifiable information you may post or transmit will be
bound by and accept its terms and conditions. You consent to the use of your personally identifiable information by
EMJ in accordance with the terms of and for the purposes set forth in the
Except for any personally identifiable information we may collect from you
information or other communication you transmit, upload or post to this Site
("Communications") will be considered non-confidential and
non-proprietary. EMJ will have no obligations with respect to the
Communications. EMJ and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and all
commercial or noncommercial purposes.
In an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even
if the third party is affiliated with EMJ, EMJ has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of EMJ. EMJ has no responsibility or liability for these
independent policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites are only for
your convenience and therefore you access them at your own risk. Links do not
imply that EMJ sponsors, endorses, is affiliated with or associated with, or
has been legally authorized to use any trademark, trade name, service mark,
design, logo, symbol or other copyrighted materials displayed on or accessible
through such External Sites. Nonetheless, EMJ seeks to protect the integrity of
this Site and the links placed upon it and therefore requests any feedback on
not only this Site, but for sites it links to as well (including if a specific
link does not work).You should contact the Site administrator or webmaster for
those External Sites if you have any concerns regarding such links or the
content located on such External Sites.
Each claim or statement about the effectiveness of EMJ products and/or each
claim or statement comparing the effectiveness of EMJ products to the
effectiveness of other products is expressly limited to the United States,
unless otherwise disclosed on this Site.
THIS SITE AND ITS CONTENTS ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES
AND ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE. EMJ makes no warranties or
representations about the accuracy or completeness of this Site's content or
the content of any site or External Sites.
EMJ does not filter
advertisements or other content that children may view through this Site or
"hot-linked" sites, and they could receive content and materials from
the Internet and/or advertising that are inappropriate for children. We
encourage parents and guardians to spend time online with their children and to
consider using an electronic filtering software.
THIS SITE AND THE
MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMJ DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. EMJ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. EMJ DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL EMJ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF EMJ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
You agree to indemnify, defend, and hold harmless EMJ, its officers, directors,
employees, agents, licensors and suppliers from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
Internet account (including negligent or wrongful conduct), by you or any other
person accessing this Site using your Internet account.
Void Where Prohibited.
This Site and its contents are intended to comply with the laws and regulations
in the United States and Canada. EMJ makes no representation that materials in
this Site are appropriate or available for use in other locations, and access
to them from territories where their content is illegal is prohibited. Although
the information on this Site is accessible to users outside of the United
States and Canada, the information on this Site pertaining to EMJ products is
intended for use only by residents of the United States and Canada. Other
countries may have laws and regulatory requirements that differ from those in
the United States and Canada. EMJ reserves the right to limit provision of our
products or services to any person, geographic region or jurisdiction and/or to
limit the quantities or any products or services we provide. You may not use or
export the materials in violation of United States export laws and regulations.
Any offer for any product or service made on this Site is void where prohibited.
by the laws of the United States and the State of California, without regard to
choice of law provisions. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. You agree that jurisdiction over and venue in any legal proceeding
Site (including but not limited to the purchase of EMJ products) shall be in
the state or federal courts located in Los Angeles, California. Any cause of
(including but not limited to the purchase of EMJ products) must be commenced
within one (1) year after the claim or cause of action arises. EMJ's failure to
insist upon or enforce strict performance of any provision of these Terms of
Use shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any of
Use to any party at any time without notice to you.
By using this Site, you agree that EMJ, at its sole discretion, may require you
concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the State of California as set forth in the previous section.
Any award in an
arbitration initiated under this clause shall be limited to monetary damages
and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no
authority to award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
should visit this page from time to time to review the then-current Terms of
may be superseded by expressly designated legal notices or terms located on
to be unlawful, void or unenforceable, then such provision shall be severable
without affecting the enforceability of all remaining provisions. EMJ reserves
the right to alter or delete materials from this Site at any time at its discretion.
You expressly agree
English; Vous consentez expressément à ce que ces conditions d'utilisation et
tous les documents y afférents soient rédigés en anglais seulement.
Earle M. Jorgensen Company
10650 Alameda Street
Lynwood, CA 90262
February 8, 2005
© 2005 Earle M. Jorgensen Company.
INFORMATION WE COLLECT:
HOW WE PROTECT YOUR INFORMATION:
HOW WE USE YOUR INFORMATION:
WHEN WE MAY DISCLOSE YOUR INFORMATION:
LINKS TO THIRD PARTY WEB SITES:
Attn: Web Site Coordinator
Earle M. Jorgensen Company
10650 Alameda Street
Lynwood, CA 90262