Last Updated May 31, 2017

INTRODUCTION AND ACCEPTANCE


Welcome to this Internet website (the “Site”) offered by or in connection with Olympic Steel, Inc. (“Olympic Steel,” “we” and “us”). As used in these terms of use (these “Terms of Use”), the singular term “Site” includes all websites and all devices or applications that collect personal information from you that we or our successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future (“Affiliated Companies”) operate that link to these Terms of Use, web pages within each such website, device or application, any equivalent, mirror, replacement, substitute or backup website, device or application and web pages that are associated with each such website, device or application.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING AND/OR USING THE SITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE WEBSITE AFTER THEY BECOME EFFECTIVE SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS OF USE REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Use are organized in the following sections:

  1. Introduction and Acceptance
  2. Use of the Site
  3. Privacy Policy
  4. User Conduct
  5. Availability of Products
  6. Links to Other Sites
  7. Ownership of Materials
  8. User Contributions
  9. Termination of Use
  10. Equitable Relief
  11. Indemnity
  12. Disclaimer of Warranties
  13. Limitation on Liability
  14. No Class Actions
  15. Governing Law
  16. Safe Harbor Statement
  17. General Provisions

When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

USE OF THE SITE


The Site is provided for information and internal business use only. By visiting or otherwise using the Site:

  • You represent that you are 18 years of age or older who reside in the fifty (50) United States, its territories and possessions. If you are not 18 years old, or do not reside in the fifty (50) United States, its territories or possessions, please discontinue using the Site immediately. By using or attempting to use the Site, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site; and
  • If you are using the Site on behalf of your employer, you represent that you are authorized to do so; and
  • You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge.

If you are located in the European Union or elsewhere outside of the United States, your use of the Site is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Site, participating in any Site activities, and/or providing us with your personal information, you (a) consent to the transfers and processing of any information you provide to the Site; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (c) understand that the Site will deal with your information in accordance with U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

PRIVACY POLICY


We have developed a Privacy Policy, which is incorporated into these Terms of Use by this reference, to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.

We do collect information online about consumers or in connection with any consumer transaction. Current and potential business customers may request additional information about our products and service through this Site. To the extent you are a business and provide us with contact information in connection with such request, we will only use such information to provide you with the requested materials and to provide you with information concerning our products and services.

You may also provide us with personal information in connection with our online application for employment consideration. We have established an Employment Application Privacy Policy to explain how we collect and use information about you as it relates to any employment information you provide to us. A copy of the Employment Application Privacy Policy can be found here, and is incorporated by reference into these Terms of Use. By providing us with personal information for employment consideration with us, you are also signifying your acknowledgement and agreement to our Employment Application Privacy Policy.

CONDUCT


You agree to abide by the following rules for use of the Site.

  • You may not use the Site in such a manner as to violate any applicable law. When using the Site, you agree to comply with applicable federal, state and local laws including, without limitation, copyright law.
  • You may not use the Site for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Olympic Steel or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
  • You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Olympic Steel.
  • You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Olympic Steel’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. Olympic Steel may, without notice, temporarily suspend your, or any other party’s access to this Site, (including, without limitation, any specific areas hosted within this Site) by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Olympic Steel may in its sole discretion determine is necessary to permit the thorough investigation of such suspended activity.
  • While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site.
  • WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

AVAILABILITY OF PRODUCTS


No representation is made by Olympic Steel as to a particular product or service, or warranty of any king. For the availability or fitness of a particular product, please contact us. Olympic Steel retains the right to discontinue sale or distribution of any product or service referred to on this Site at any time without prior notice or liability.

LINKS TO OTHER SITES


The Site may contain links to other websites. Olympic Steel has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.

Olympic Steel shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.

OWNERSHIP OF MATERIALS


All materials on the Site that are created or provided by Olympic Steel, including text, graphics, logos, icons, and images, are the property of Olympic Steel or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Olympic Steel and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of Olympic Steel. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

Trademarks, service marks, and logos used on the Site are owned by Olympic Steel, or used under license or permission. You agree not to use the trademarks in any manner without prior written approval.

USER CONTRIBUTIONS


By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Olympic Steel through its suggestion or feedback web pages, via email, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Olympic Steel is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Olympic Steel is hereby granted a non-exclusive, fully paid up, royalty free license to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Contributions, and the right to transfer or sublicense such rights; (d) Olympic Steel may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Olympic Steel in connection with the Contributions under any circumstances.

INTERNET SOFTWARE OR COMPUTER VIRUSES.


Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site. Olympic Steel shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any content from this Site.

DISCLAIMER OF AVAILABILITY AND SECURITY.


While we endeavor to keep downtime to a minimum, we can’t promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

CHANGES TO THESE TERMS AND TO THIS WEBSITE.


Olympic Steel updates the information on this Site periodically. However, Olympic Steel cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Olympic Steel may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors. We reserve the right at any time to change these Terms of Use and the Site at any time, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available. Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

TERMINATION OF USE


Olympic Steel reserves the right to terminate, change, suspend or discontinue access to all or any part of this Site at any time for any reason without prior notice or liability.

We reserve the right to modify any features of the Site at any time without advance notice. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER USERS OF THE SITE, OLYMPIC STEEL, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

EQUITABLE RELIEF


You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Olympic Steel shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

INDEMNITY


You agree to indemnify and hold harmless Olympic Steel, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents (collectively, the “Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

DISCLAIMER OF WARRANTIES


YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, INDEMNIFIED PARTIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE. OLYMPIC STEEL MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

No information or advice obtained through the Site, or any other affirmation of Olympic Steel, by words or actions, shall constitute a warranty.

LIMITATION ON LIABILITY


You may use any material distributed or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your reliance upon any such material. The Indemnified Parties assume no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your viewing or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ LIABILITY ARISING IN CONNECTION WITH THIS SITE OR UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YOU OR YOUR EMPLOYER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT IS TO STOP USING THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SITE OR ANY LINKS ON THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NO CLASS ACTIONS


TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

GOVERNING LAW


These Terms of Use shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms of Use, and unless prohibited by applicable law, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Cuyahoga County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

SAFE HARBOR STATEMENT


This Site may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of Olympic Steel. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of Olympic Steel. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Many of these risks and uncertainties are identified in the reports Olympic Steel files with the Securities and Exchange Commission. Any such forward-looking statements (and any other dated materials) speak only as of the date made and Olympic Steel cautions readers not to place undue reliance on them. Olympic Steel undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.

Please note that the stock quote provided on the Site is delayed. Olympic makes no claims concerning the accuracy of the information provided on these pages, and will not be held liable for any use of this information. Note: Historical and current stock price performance data is not necessarily indicative of future performance.

GENERAL PROVISIONS


These Terms of Use shall apply to and bind your assignees and successors in interest and those of Olympic Steel. This Agreement is not assignable by you without Olympic Steel’s prior written consent. The waiver by Olympic Steel of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.

CONTACTING OLYMPIC STEEL.


If you have any questions or need to contact us regarding this Site or these Terms of Use, please e-mail us at Corporate.HR@olysteel.com. You can also contact us via mail addressed to: Olympic Steel, Inc., 22901 Millcreek Boulevard, Suite 650, Highland Hills, OH 44122.

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