December 4, 2003
TERMS AND CONDITIONS OF USE
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.nucoryamato.com, is the primary informational Web site of Nucor-Yamato Steel Company (hereafter "NYS" "we" or "us"). It has been designed to provide publicly available information about NYS and its products and business to its visitors. Your use of this Site other than for informational 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.
3. You hereby expressly agree to waive any and all claims you may have against NYS (whether currently in existence and/or arising hereafter) for any failure by NYS to enforce these Terms.
B. 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 NYS and/or its third-party content providers.
2. All content on this site is Copyright © 2000-2003, Nucor-Yamato Steel Company 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 NYS and the copyright owner.
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.
C. 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 NYS 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 NYS 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.
D. 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, NYS does not endorse or in any way take responsibility for content that may be posted or events that may transpire at those other sites.
E. DISCLAIMER OF WARRANTIES
1. YOUR USE OF THIS SITE IS DONE AT YOUR OWN RISK.
2. NYS IS NOT RESPONSIBLE FOR ANY VIRUSES YOU MAY CATCH WHILE USING THIS SITE; NOR IS NYS 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. NYS 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.
F. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NYS 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 NYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
G. PROHIBITED USE OF THE SITE
In connection with Your use of this Site, You may not: (i) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) interfere or disrupt this site or any networks connected to this site; (iii) use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) take any action that imposes an unreasonable or disproportionately large load on NYS's infrastructure; (v) use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this 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 NYS for such breach. You may also be liable to NYS for non-contractual legal remedies.
You agree to defend, indemnify and hold harmless NYS (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. NYS 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 NYS in asserting any available defenses.
I. GOVERNING LAW AND JURISDICTION
The law of the State of Arkansas 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 Arkansas (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.
I. INTERNATIONAL USE
NYS 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.
J. SEVERABILITY AND INTEGRATION
1. Except as otherwise specified herein, these Terms constitute the entire agreement between you and NYS with respect to this Site, and supersede all prior or contemporaneous communications or proposals between you and NYS 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.
K. CONTACT INFORMATION
P.O. Box 1228
Blytheville, Arkansas 72316
TELEPHONE: Main Office: 870-762-5500 Sales: 800-289-6977
FAX: Main Office: 870-762-1130 Sales: 870-763-9107
NYS's Webmaster contact information is: