EARLE M. JORGENSEN COMPANY
AGREEMENT BETWEEN USER AND EARLE M. JORGENSEN COMPANY (“EMJ”)
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:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the EMJ Web Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit EMJ to contact you;
- 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
- 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.
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.
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.
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.
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.
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.
Earle M. Jorgensen Company
10650 Alameda Street
Lynwood, CA 90262
February 8, 2005
© 2005 Earle M. Jorgensen Company.