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TERMS of USE &
LEGAL DISCLAIMER
 Terms Of Service
The following is a legal
agreement between Penn Aluminum International, Inc. ("PAI",
“we”, “us”, or “our”) and "you", the user of this
Site.
By accessing, browsing and/or using this Web site
("Site"), you acknowledge that you have read, understand, and
agree to be bound to these terms of service ("Terms") and to
comply with all applicable laws and regulations. THIS AGREEMENT
CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT
OUR LIABILITY TO YOU.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to
these Terms, do not use this Site.
Your Use of the Site
PAI hereby grants you a limited license to copy and
use the materials, features, and services provided by PAI on
this Site (collectively the "Materials") solely for your
personal, non-commercial use, subject to these Terms. The design and layout
of the Site are specifically excluded from the Materials. No other use of the
Site or Materials is authorized. You agree that any
copy of the Materials (or any portion of the Materials) that
you make shall retain all copyright and other proprietary
notices contained herein or therein.
You are solely responsible for your actions and
communications undertaken or transmitted using this Site.
Neither we nor our affiliates exercise editorial control over
your transmissions; however, we do reserve the right to review
your uploads and transmissions in order to ensure compliance
with these Terms.
Your use of the Site is subject to all applicable
local, state, national, and international laws and
regulations, and you agree not to use the Site for purposes
that violate such laws and regulations. In addition, you agree
that: (1) you will not interfere with another customer’s use
and enjoyment of the Site; (2) you will not upload, download,
transmit or otherwise distribute any message, data,
information, text, or other material (“Content”) that my
infringe any patent, trademark, trade secret, copyright, or
other intellectual or proprietary right of any party, and
that, by uploading or downloading any Content, you represent
and warrant to PAI and our affiliates that you have the lawful
right to reproduce and distribute such Content; (3) you will
not upload, download, transmit, or otherwise distribute any
Content that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, invasive
of privacy or publicity rights, abusive, inflammatory, or
otherwise objectionable; (4) you will not upload, download,
transmit, or otherwise distribute any viruses or other
harmful, disruptive, or destructive files; (5) you will not
upload, download, transmit, or otherwise distribute any
Content that would constitute or encourage a criminal offense,
violate the rights of any party, or that would otherwise
create liability or violate any local, state, national, or
international law; (6) you will not attempt to obtain
unauthorized access to the Site or portions of the Site which
are restricted from general access; (7) you will not interfere
with or disrupt networks, systems, and/or computers connected
to the Site, and you will comply with all regulations,
policies, and procedures of such networks and systems; and (8)
you will comply with all United States laws regarding the
transmission of technical data exported from the United
States.
No Transfer of Property
Rights
The products, technology, and/or processes
described and/or used on this Site may be the subject of
intellectual property rights reserved by PAI or other third
parties. Except
for the limited license granted above, nothing contained
herein shall be construed as conferring to you in any manner,
whether by implication, estoppel or otherwise, any license,
title, or ownership of or to any intellectual property right
of PAI or any third party.
Links to and From Third Party Sites;
Framing
This Site may provide links or references to other
sites; neither PAI nor its affiliates has any responsibility
for the content of these other sites, makes any
representations or give any warranties with respect to any
information contained in or at these other sites, or shall be
liable for any damages or injury arising from the content of
these other sites.
Neither PAI nor its affiliates endorses companies or
products to which it has provided links. Any links to other
sites are provided merely as a convenience to the users of
this Site and, if you decide to access any of the third party
sites linked to this Site, you do so entirely at your own
risk. PAI reserves the right to terminate any link or linking
program at any time.
There may be circumstances where access to this
Site is provided by a link located at another Web site.
Warranty Restriction; Limitation Of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED
ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. IN THE EVENT THE FOREGOING
LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY
REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT PAI
AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED FIVE
HUNDRED DOLLARS ($500).
NEITHER PAI NOR ITS AFFILIATES takes ANY
responsibility OR assumes ANY liability for any content
uploaded or otherwise transmitted by you or any third party,
or for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography, INDECENCY, LEWDNESS,
HARASSMENT, THREATS, ABUSE, or profanity you may encounter in
using the Site. Those who choose to access this Site from other
locations do so on their own initiative and are responsible
for compliance with local
laws.
Indemnification
Upon a request by PAI, you agree to defend,
indemnify, and hold harmless PAI and its affiliates, and their
employees, contractors, officers, and directors, from all
liabilities, claims, and expenses, including attorney’s fees,
that arise from your use or misuse of this Site. PAI reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you, in which event you will cooperate with PAI in asserting
any available defenses.
Enforcement by PAI
In the event PAI determines, in its sole
discretion, that you have violated these Terms, PAI shall have
the right to immediately terminate your access to the Site,
without prior notice to you, and/or pursue any other remedies
available to it under applicable law.
Governing Law This Agreement, and the respective rights and
obligations of the parties hereto, shall be governed by and
construed in accordance with the laws of the State of Illinois
(excluding any conflict of laws provisions of the State of
Illinois that would refer to and apply the substantive laws of
another jurisdiction).
Any suit or proceeding regarding this Site or any part
of the Site shall be brought only in Cook County,
Illinois.
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