Site Terms and Conditions
1. The following describes the terms and conditions (“Terms”) under which you may use this Web site (the “Site”). These Terms may change at any time without notice to you. By using this Site, you are agreeing to be contractually bound by these Terms as they are stated at the time of your use of (including any visit to) the Site. You are responsible for any use of this Site by anyone using your password, computer, e-mail address or other identifier. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT VIEW OR OTHERWISE USE THIS SITE.
2. This Site, www.nucor-sheetmills.com, is the Sheet Mill Group Web site of Nucor Corporation (hereafter “Nucor” “we” or “us”). It has been designed for three purposes: (i) to provide publicly available information about Nucor and its products and business to its visitors, (ii) to obtain an application form for registration as a Nucor customer, and (iii) to permit pre-registered customers of Nucor to transact with Nucor online. Your use of this Site other than for these purposes is prohibited. The term “use” (as that term is used throughout these Terms) includes, but is not limited to, viewing, posting, uploading, downloading, linking, copying, printing, storing, transmitting, collecting, emailing and distributing. These Terms are not intended to govern the use of any of Nucor’s other Web sites.
3. You hereby expressly agree to waive any and all claims you may have against Nucor (whether currently in existence and/or arising hereafter) for any failure by Nucor to enforce these Terms.
B. CONTRACTUAL CONFLICTS AND INCORPORATION
All purchases conducted through use of this Site are subject to Nucor’s standard sales order terms and conditions as applicable (the “Sales Documents”). Any conflict between the Sales Documents and these Terms or anything stated on this Site will be resolved in favor of the Sales Documents. By utilizing this Site, you hereby expressly acknowledge receipt of such Sales Documents.
C. INTELLECTUAL PROPERTY
1. All content on this Site (including, but not limited to, text, logos, trademarks, service marks, materials, communications, software, data, sounds and images) is protected by the intellectual property rights of Nucor and/or its third-party content providers.
2. All content on this site is Copyright © 2009, Nucor Corporation and/or subject to the copyright of its third-party content providers. All rights reserved. Except as otherwise expressly permitted under copyright law, you may not copy, download, print, remove, publish, redistribute, modify, transmit, display, sell, create derivative works from, or in any way exploit any content of this Site without the express permission of Nucor and the copyright owner. Nucor hereby expressly permits customers of Nucor who are registered to use the transactional portions of this Site to download and print from this Web site, solely for purposes of transacting with Nucor, three copies of any transactional (including tracking) information set forth on the transactional portions of the Web site that pertain to transactions made by you. Nucor further expressly permits visitors who are not registered to use the transactional portions of this Site to download and print from this Web site, solely for purposes of transacting with Nucor, a copy of the application to become a Nucor customer.
3. NUCOR®, IT’S OUR NATURE™, and all other Nucor marks utilized on the Site are the trademarks of Nucor Corporation. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
D. INFORMATION AND CONTENT PROVIDED BY USERS
1. Visitors and other users of this Site may, from time to time, choose to send us information. You hereby agree that you will not send us (including posting and transmitting) any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state, national, or international law.
3. You additionally agree that Nucor has no responsibility to control or review any content or other information provided to us by you or other third parties. You further agree that Nucor may remove from this Site any third party content that we become aware of that we believe is potentially illegal, could subject us to liability or violates these Terms.
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
While it may be possible to link or otherwise connect from this Site to other sites on the Internet, such a connection is done at your own risk. By providing a link from this Site to another Internet site, Nucor does not endorse or in any way take responsibility for content that may be posted or events that may transpire at those other sites.
1. Obtaining or attempting to obtain confidential information possibly available through this Site is prohibited. This confidential information includes, but is not limited to: (a) the identity of any customers besides yourself in any transaction with Nucor; (b) the password or code of any customers besides yourself for accessing the transactional portions of this Site; (c) any trade secrets of Nucor or any other organization; or (d) any information concerning the procedures, rules, policies, type and quantity of products offered or requested, or terms of the purchases of products that were not specifically provided to you by Nucor in order for you to participate as a customer in a business transaction on this Site.
2. Revealing (beyond disclosure to those parties that need to know in order for you to participate as a customer in a transaction on this Site) confidential information possibly available through this Site is also prohibited. This confidential information includes, but is not limited to: (a) the identity of any customers involved in any transaction on this Site; (b) the amount paid in the transaction; (c) the terms of the purchases of the products; and (d) the password or code of anyone, including yourself, for accessing the transactional portions of this Site. Revealing the confidential information or trade secrets of Nucor or anyone else is prohibited.
G. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THIS SITE IS DONE AT YOUR OWN RISK.
2. NUCOR IS NOT RESPONSIBLE FOR ANY VIRUSES YOU MAY CATCH WHILE USING THIS SITE; NOR IS NUCOR RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THIS SITE OR OF ANY SERVICES AVAILABLE THROUGH THIS SITE.
3. ALL SERVICES AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THESE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
4. NUCOR (INCLUDING ITS SUBSIDIARIES AND LICENSORS) DOES NOT WARRANT THAT THE SERVICES OR CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK. H. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL NUCOR (INCLUDING ITS SUBSIDIARIES AND LICENSORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF NUCOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NUCOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
I. PROHIBITED USE OF THE SITE
This is Nucor’s Site. Nucor may at any time, in its sole discretion, prohibit your further use of the Site. If you have made prohibited use of this Site, you will have breached the contract created by these Terms, and may be liable to Nucor for such breach. You may also be liable to Nucor for non-contractual legal remedies.
You agree to defend, indemnify and hold harmless Nucor (including, but not limited to, its employees, officers, directors, shareholders, licensors, contractors, agents and all of its subsidiaries and affiliated companies) from all liabilities, claims, expenses, causes of action or damages, including attorney’s fees and costs, that arise in any way from your use or misuse of this Site. Nucor reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nucor in asserting any available defenses.
K. GOVERNING LAW AND JURISDICTION
The law of the State of North Carolina will govern these Terms and your use of this Site. By using this Site, you agree to the exclusive jurisdictions of the state and federal courts of the State of North Carolina (as applicable) for any litigation that may arise out of, or relate to, these Terms and/or your use of this Site. You agree to waive any objection based on forum non conveniens or any objection to venue of any such action.
L. INTERNATIONAL USE
Nucor makes no representation that this Site (including the content or services provided on or through it) is appropriate for or available to locations outside the United States of America; and using this Site from territories where it is illegal to do so is prohibited. Use outside of the United States of America is done at your own risk, and you are responsible for compliance with all local laws.
M. SEVERABILITY AND INTEGRATION
1. Except as otherwise specified herein, these Terms constitute the entire agreement between you and Nucor with respect to this Site, and supersede all prior or contemporaneous communications or proposals between you and Nucor with respect to this Site.
2. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties; and the remaining portions of the agreement shall remain in full force and effect.
N. CONTACT INFORMATION
Nucor’s Webmaster contact information is: