Effective Date: June 1, 2012

Welcome to the AMSTED Industries Incorporated website (the “Site”). Throughout the Site, the terms “AMSTED,” “we,” “us” and “our” refer to AMSTED Industries Incorporated and its affiliates along with their directors, officers, employees, agents, independent contractors and representatives. AMSTED offers the Site, including all information, tools and services available from the Site, to individuals on the condition that all of these Terms of Use are accepted (individually, “User” and, collectively, “Users”). The affirmative act of accessing or using the Site signifies consent to, without limitation or qualification, these Terms of Use.

AMSTED reserves the right to modify the contents of the Site at any time, including the features, availability, or operation of the Site, these Terms of Use, and/or any policy or notice posted on the Site. User agrees to monitor the Site for any changes made thereon and that the continued use of the Site following the posting of any changes implies User’s understanding of and agreement to such changes.

Ability to Accept Terms of Use
User affirms that he/she is over the age of legal majority, can form legally binding agreements under applicable law, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.

Accuracy of Information
Information presented on the Site is for informational purposes only. AMSTED does not assume any responsibility or obligation for the accuracy, completeness or authenticity of information included on the Site.

Use of the Site
All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, any intellectual property held by AMSTED, and the selection and arrangement of any of these, are the exclusive property of AMSTED, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws. The copying, downloading and/or printing of information and/or material included on the Site is for User’s personal and noncommercial use only and is conditioned on User’s prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information and/or material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. AMSTED retains full and complete title to the information and material provided on the Site, including all associated intellectual property rights. AMSTED neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with AMSTED.

Improper use of contact information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. Users may not interrupt or attempt to interrupt the operation of the Site in any way and AMSTED reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which AMSTED may be entitled at law or in equity.

User hereby acknowledges responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that is found to: (i) be false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” is prohibited from being uploaded to, distributed or otherwise published through the Site. User may not use a false e-mail address or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content nor may User upload commercial content onto the Site.

Links
The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. AMSTED Industries Incorporated has not necessarily reviewed all of the information on the other websites as mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites and different terms and conditions apply to the use of any linked websites. AMSTED Industries Incorporated is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.

Intellectual Property
AMSTED’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of AMSTED, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. AMSTED reserves all rights not expressly granted in and to the Site and its content.

Infringement Notice
AMSTED respects the intellectual property rights of others and requests that each User do the same. If there are concerns about possible infringement of intellectual property rights, please notify AMSTED at:

AMSTED Industries Incorporated
Attn: Law Department
180 N. Stetson Avenue, Suite 1800
Chicago, IL 60601

To be effective, the notification must include ALL of the following:

  1. a physical or electronic signature of the trademark/copyright owner or the person authorized to act on the owner’s behalf;
  2. a description of the trademarked/copyrighted work claimed to have been infringed;
  3. information reasonably sufficient to locate the material in question on the Site;
  4. name, address, telephone number, e-mail address and all other information reasonably sufficient to permit AMSTED to contact reporter;
  5. a statement in good faith that the disputed use is not authorized by the trademark/copyright owner, its agent or the law; and
  6. a statement made under penalty of perjury that the information in the notice, as submitted, is accurate and that reporter is the trademark/copyright owner or is otherwise authorized to act on behalf of the trademark/copyright owner.

AMSTED is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site, including information and/or material, as provided to AMSTED and the absolute right and discretion to remove any information and/or material from the Site remains with AMSTED.

DISCLAIMERS
USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. AMSTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF ANY CONTENT IS DOWNLOADED FROM THE SITE, IT IS DONE AT USER’S SOLE RISK AND DISCRETION. EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMSTED OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. AMSTED DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY
AMSTED MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, USER HEREBY ACKNOWLEDGES THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. USER UNDERSTANDS AND ACKNOWLEDGES FULL RESPONSIBILITY FOR USE OF THE SITE AND THAT SUCH USE IS AT HIS/HER SOLE RISK AND DISCRETION; AMSTED, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, AMSTED’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AMSTED OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMSTED, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. USERS OF THE SITE’S SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH AMSTED IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. USERS OF THE SITE AND AMSTED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification
Users of the Site agree to indemnify, defend and hold harmless AMSTED and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from use of the Site and any violation of these Terms of Use. If technical disruption of the Site or the systems transmitting the Site occurs, users of the Site agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. AMSTED reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, users of the Site agree to cooperate with AMSTED in defense of such matter.

Jurisdiction
The Site is controlled by AMSTED from its offices located within the United States of America. AMSTED Industries Incorporated is incorporated in the State of Delaware in the United States of America, and the Site has been designed to comply with the laws of the State of Illinois. The laws of the State of Illinois govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at User’s sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site. Enforcement and/or any action related to enforcement of these Terms of Use are governed by the jurisdiction of courts located in the State of Illinois.

Entire Agreement
These Terms of Use along with any posted policies or operating rules constitute the entire understanding of AMSTED and Users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.

Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force.

How to Contact Us
Questions or comments about these Terms of Use or the Site may be directed to:

  • e-mail: finance@AMSTED.com
  • phone: (312) 645-1700
  • mail: AMSTED Industries Incorporated, Attn: Law Department, 180 N. Stetson Avenue, Suite 1800, Chicago, IL 60601

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