Terms of Use and Privacy Agreement

Terms of Use and Privacy Agreement

TERMS OF USE AGREEMENT

In consideration of W&W-AFCO Steel LLC (the “Company”) allowing you to use the Company’s Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates the Company’s Privacy Policy (collectively, the “Agreement”).

Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this Agreement with the Company and creates a valid, binding contract between you and the Company. If you do not agree to the terms of this Agreement, proceed no further, do not access any of the Online Properties.

Online Properties Defined and Use

The “Online Properties” shall mean the Company’s webpages including, without limitation, webpages under www.wwsteel.com, www.afcosteel.com, www.wwafcosteel.co.uk, www.wwafcosteel.com, www.wwafcosteel.net, www.wwafcosteel.org, www.wwchennai.com, www.wwsteel.net, www.wwsteel.online, www.wwsteel.org, www.hirschfeld.com, www.carolinasteel.com, www.consteel.co.uk, www.structuralsteelfabrication.com, www.hirschfeld.wwafcosteel.com.

The Online Properties are the property of the Company. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all pages of the Online Properties provided (a) it is used for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with the Company), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of the Company, you are not allowed (i) to modify, copy, min, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material obtained from Online Properties; (iI) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.

The Company reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. The Company reserves the right to withdraw or amend the Online Properties, and any information or material provided on the Online Properties, in the Company’s sole discretion without notice.

Third Party Sites and Content (Links to Other Websites)

The Online Properties may contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by the Company of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. The Company makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and the Company is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.

Trademarks

W&W/AFCO Steel®, W&W|AFCO Steel®, W&W Steel®, and AFCO Steel ® are marks owned by the Company and may not be used without express written permission of the Company. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by the Company. You may not use any of the Company’s trademarks, service marks, trade name, trade dress or other intellectual property without express written permission of the Company and such use must adhere to the Company’s instructions and applicable law.

To assist and inform you and other users of our Online Properties, the Company makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. The Company makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. The Company’s use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.

Copyrights

All software and content included on the Online Properties, including all text, graphics, logos and images, are owned by the Company or third parties and are protected by United States and/or international copyright laws. Any use of the Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Online Properties is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.

Changes to this Privacy Policy

The Company may update this Agreement from time to time. Thus, the Company advise you to review this page periodically for any changes. The Company will notify you of any changes by posting the new Agreement on this page. These changes are effective immediately, after they are posted on this page.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Company agree this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Oklahoma County, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Oklahoma. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

PRIVACY POLICY

This Privacy Policy is a part of the Terms of Use Agreement, which governs your use of the Online Properties.

In consideration of W&W-AFCO Steel LLC (the “Company”) allowing you to use The Online Properties (as defined in the Terms of Use Agreement), you agree to be bound by the terms of this Privacy Policy. YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THIS ONLINE PROPERTIES’ TERMS OF USE AGREEMENT WHICH INCORPORATES THIS PRIVACY POLICY. If you do not agree to the terms of this Privacy Policy, you should proceed no further and obtain no services through the Online Properties. This Privacy Policy does not govern our data collection activities offline or otherwise outside of our Online Properties (unless otherwise stated at the time of collection).

Introduction

This Privacy Policy is designed to assist you in understanding how the Company collects, uses and safeguards information and to assist you in making informed decisions when visiting or utilizing services provided by the Company on the Online Properties. This Privacy Policy will be periodically reviewed and revised from time to time.

The Types of Information the Company Collects & The Ways the Company Uses Information

  1. Log Data: Whenever you visit the Online Properties, information that your browser sends to the Company is stored in a Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our website that you visit, the time and date of your visit, the time spent on those pages, and other statistics. However, the Company does not use, analyze or share information from the Log Data.
  2. Other Data: The Company does not collect any other data or information from you. Therefore, the Company does not store, share, or disseminate data from the Online Properties.

Release and Limitations

By using the Online Properties you release the Company from and agree that the Company is not responsible for: (i) any disclosure of personal information made by you to a Service Provider through your use of the Online Properties; (ii) any disclosure of personal information obtained illegally from the Company; or (iii) any accidental disclosure of personal information made by the Company.

Privacy Policies of Other Websites

As stated above, the Online Properties contain links to other websites which are hosted, operated and/or managed by a third party or its contractors, not the Company. Any information submitted to these other websites may be retained, viewed and used by the third parties and/or the Company and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. The Company is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites. We strongly recommend that our visitors read and inquire into the privacy policies of every such third-party website that they visit which collects personal information.