Terms of Use

EARLE M. JORGENSEN COMPANY

WEB SITE “TERMS OF USE”

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 conditioned on your acceptance without modification of these Terms of Use (the “Terms of Use”). Your use of the EMJ Web Site constitutes your agreement to the Terms of Use.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE.

By accessing or using this Site, you agree to these Terms of Use and all applicable laws. If you do not agree to these Terms of Use you may not use this Site.

MODIFICATION OF THESE TERMS OF USE.

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 reviewing these Terms of Use.

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 other organization.

Forward Looking Statements.

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.

COPYRIGHTS AND TRADEMARKS.

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 the law.

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:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the EMJ Web Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit EMJ to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By mail:
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.

PRODUCT INFORMATION.

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.

TERM; TERMINATION.

These Terms of Use are applicable to you upon your accessing this Site and/or completing the registration or purchasing process. These Terms of Use may be 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.

USER PARTICIPATION.

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 sole discretion.

PRIVACY.

Note that any personally identifiable information you may post or transmit will be treated by EMJ in accordance with the Earle M. Jorgensen Company Privacy Policy (the “Privacy Policy”). By using this Site, you acknowledge that you have read the Privacy Policy and agree to 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 Privacy Policy, as same may be amended from time to the purposes set forth in the Privacy Policy, as same may be amended from time to time.

USER SUBMISSIONS.

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, 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.

THIRD-PARTY LINKS.

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.

CLAIMS.

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.

DISCLAIMER.

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.

INDEMNIFICATION.

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 from your violation of these Terms of Use or any activity related to your 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.

APPLICABLE LAWS.

These Terms of Use and your use of this Site shall be governed in all respects 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 directly or indirectly arising out of or relating to these Terms of Use or this 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 action or claim you may have with respect to these Terms of Use or this Site (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 these Terms of Use. EMJ may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ARBITRATION.

By using this Site, you agree that EMJ, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms of Use 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.

GENERAL.

EMJ may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms of Use is held 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 that these Terms of Use and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.

OUR ADDRESS.

Earle M. Jorgensen Company
10650 Alameda Street
Lynwood, CA 90262
United States

Last updated:
February 8, 2005
© 2005 Earle M. Jorgensen Company.