Ownership; Copyright and Trademark Information
The content on our Websites is protected by trademark, copyright and other intellectual property laws. All Site Content and Site Code is © 2009 Aleris, Inc. and/or subject to the copyright of its subsidiaries, affiliates or licensors. All rights reserved.
The names “Aleris,” “ALSCO,” “ETS SCHAEFER” and “BUG,” and all other trademarks, service marks, trade names, trade dress, copyrights and other intellectual property and proprietary rights in, associated with or utilized on the Site, the Site Content or Site Code are the exclusive properties of the Company or its licensors. The names of other companies or products or services referenced on our Websites may be the trademarks or service marks of their respective owners. Nothing in this Notice or any Site Content shall convey to you any ownership interest in any trademarks, service marks, trade names, trade dress, copyrights or other intellectual property or proprietary rights in our Websites or any Site Content or Site Code. You may not use our Websites or any Site Content or Site Code except as expressly permitted by this Notice. All other access to and use of our Websites requires the prior written consent of the Company.
“Site Content” means the layout and appearance / look and feel of our Websites, as well as any data, software, text, information, documents, statements, images, photographs, designs and other material and content, and graphics, interactive features, video and audio, if any, displayed and/or used on or in connection with our Websites. “Site Code” refers to any and all underlying elements of our Websites, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of the Websites.
Limited License; Conditions of Use
Subject to the terms and conditions set forth herein and subject to your compliance with this Notice, the Company grants you a limited, non-exclusive, non-transferable and terminable right and license to access, use, view and display our Websites and any Site Content for general information and non-commercial use purposes only. If you have registered for or received a Company account that enables you to access and use one or more of the transactional portions of our Websites (to the extent such an account is required), you may use those portions of our Websites only to conduct appropriate transactions with our Company. You may also download and print copies of our material data sheets, marketing brochures, investor information, financial reports, and any transactional information (e.g. order information, electronic receipts) that pertains to transactions made by you; provided, however, that you do not post such materials on the internet or any other network, republish, transmit or distribute the materials to any third party, or create derivative works derived from or based upon the materials.
Except as expressly permitted in this Notice or applicable copyright laws, reproduction of our Websites, Site Content and Site Code is prohibited. Accordingly, you agree that you will not (i) copy, reproduce, republish, upload, create derivative works or post, transmit or distribute to anyone for any purpose (or facilitate or assist someone else in the foregoing) any Site Content or Site Code without the Company’s prior written consent; (ii) modify or alter Site Content or Site Code in any manner, or use such Site Content or Site Code in a manner not expressly authorized by this Notice; (iii) interrupt or attempt to interrupt the operation of our Websites in any way; (iv) place any Site Content or Site Code on a network; (v) frame, link, associate with advertisements or commercially exploit our Websites, the Site Content or Site Code; (vi) access or use any secure, password protected, or non-public areas of our Websites without registering for or obtaining an account or written authorization from the Company; or (vii) obtain, disclose or use the account, user name or password of another Website user (or attempt to do the same) at any time or disclose your password to any third party or permit any third party to access your account. You must notify us immediately if you suspect any unauthorized use of or access to your account or password.
Submissions By You
You warrant that you will not provide any Submission that (i) infringes the intellectual property or proprietary rights of any third party; (ii) violates any law or regulation; (iii) advocates, promotes or furthers illegal activity; (iv) transmits “spam,” “chain letters” or “junk mail;” (v) violates a contract or duty of confidentiality or loyalty; (vi) contains software viruses or any other computer code, file or program that functions to interrupt, destroy or limit the functionality of our Websites or any computer software or hardware or telecommunications equipment; or (vii) is defamatory, harassing, threatening, obscene or pornographic or invades privacy.
Links to Third-Party Websites
Our Websites may include links to other websites owned, operated and/or controlled by third parties. These links are provided for your convenience. If you decide to visit any linked website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We are not responsible for and are unable to provide any representation or warranty regarding the accuracy or completeness of any third-party website or its content, or the reliability, quality or effectiveness of any products or services provided through those websites. In addition, we are not responsible for any loss or damage of any sort that you may incur from dealing with any third-party website. Links to and from our Websites do not constitute or imply that the Company guarantees, sponsors, endorses, is affiliated or associated with the website, the owner(s) of such site(s) or the products or services described or offered on that site. The opinions expressed on any third-party websites are those of the third party and not necessarily the Company.
Disclaimer of Warranties
While we strive to ensure that the content of our Websites is accurate, timely and complete, our Websites are provided “as is” and “as available.” Your access to and use of our Websites and any Site Content is entirely at your own risk.
The company expressly disclaims all representations and warranties of any kind relating to your access to, use of and/or inability to access and use our Websites, the Site Content and Site Code, any linked third-party websites, or to your reliance on any Site Content or third-party website content, whether statutory, express or implied, including, but not limited to, the implied warranties of (i) suitability for any particular purpose OR FITNESS FOR A PARTICULAR PURPOSE, (ii) merchantability, (iii) timeliness, accuracy and completeness, (iv) title and non-infringement of third-party rights, AND (v) FREEDOM FROM interruption, DELAY, ERRORS, OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Nothing on our Websites should be taken to constitute professional advice or a formal recommendation. It shall be your own responsibility to ensure that any products, services or information available through our Websites meet your specific needs and requirements.
Limitation on Liability
IN NO EVENT SHALL the company and its MEMBERS, DIRECTORS, officers, agents, employees, REPRESENTATIVES, CONTRACTORS, LICENSORS successors or assigns BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, INFORMATION, INCOME, PROFITS, REVENUE, ANTICIPATED SAVINGS, CONTRACTS OR BUSINESS RELATIONSHIPS, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO YOUR OR ANY PARTY’S (I) ACCESS TO, USE OF, OR RELIANCE ON ANY OF OUR WEBSITES, SITE CONTENT AND/OR SITE CODE, OR LINKED WEBSITES; AND/OR (II) INABILITY TO ACCESS OR USE OUR WEBSITES OR ANY LINKED WEBSITE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE, FOR ANY REASON, HELD UNENFORCEABLE OR INAPPLICABLE IN ANY JURISDICTION, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER UNDER CONTRACT, TORT, INDEMNITY, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE APPLICABLE WEBSITE OR US$100, WHICH EVER IS LESS.
You agree to indemnify, defend and hold harmless the Company, its members, directors, officers, employees, agents and representatives from and against any and all third-party claims, liabilities, damages, losses and expenses, including without limitation reasonable attorneys’ fees and settlement amounts, arising out of or in any way related to (i) your access to and/or use of any of our Websites, Site Content or Site Code, and/or (ii) any breach or alleged breach by you of the terms, conditions, policies and/or guidelines set forth in this Notice.
Law and Jurisdiction; Entire Agreement
This Site is controlled, operated and administered by the Company from its offices in the United States of America. By providing personal information via our Websites, all users fully understand and consent to the collection and processing of such information in the United States of America.
We make no representation that our Websites are appropriate or available for use outside the United States. Those who choose to access our Websites from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent such local laws are applicable. You may not use our Websites or export Site Content in violation of U.S. export laws and regulations.
Any claims or disputes arising from or related to any of our Websites (including without limitation this Notice, Site Content and Site Code) shall be brought and governed by the laws of the State of Ohio, without regard to its conflicts of law rules. You expressly and irrevocably consent to the sole and exclusive jurisdiction and venue of the state and federal courts situated in the State of Ohio, to resolve any dispute between you and the Company related thereto.
You agree and represent that you have carefully considered this Notice and that ambiguities, if any, shall not be enforced against the drafter, but shall be fairly read so as not to prejudice the rights of the Company.
This Notice constitutes the entire agreement between the Company and you with respect to the subject matter hereof. Any cause of action you may have with respect to subject matter herein must be commenced within one (1) year after the claim or cause of action arises. If it is found in a final judgment by a court of competent jurisdiction (not subject to further appeal) that this Notice is invalid or unenforceable (in whole or in part), (i) the remaining enforceable provisions of this Notice shall be unimpaired and shall remain in full force and effect and (ii) the invalid or unenforceable provisions shall be replaced by provisions that are valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
Transfer of Rights
You agree that this Notice and the Company’s interests, rights and obligations hereunder be transferred or assigned by the Company to a successor in interest to any of our Websites or any Site Content or Site Code.
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