Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the websites of Steel Dynamics, Inc. and its subsidiaries (collectively, “Steel Dynamics,” “we,” “us,” “our”), and any information, text, graphics, photos, or other content uploaded to, downloaded from, or appearing on the Site (collectively, the “Materials”). By accessing or using the Site, which includes your access to and use of the Site, you agree to be bound by these Terms. Your access and use of the Site are conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and Steel Dynamics (“Steel Dynamics,” “we,” “us”).

Scope

These Terms apply to the websites and subdomains (collectively, the “Site”) of Steel Dynamics, Inc. and its subsidiaries, including, but not limited to, those listed below. These Terms apply regardless of the medium in which the Site is accessed by a user (e.g., via a web or mobile browser). In the event that a Steel Dynamics, Inc. subsidiary posts Terms of Use that are inconsistent or in conflict with these Terms, then the subsidiary’s Terms of Use will prevail and govern to the extent of the inconsistency or conflict in connection with the use of the subsidiary’s website.

Website

• www.newmill.com
• www.omnisource.com
• www.vulc.com
• www.swvainc.com
• www.sdilafarga.com
• www.roanokesteel.com

Privacy Notice

We are committed to protecting the privacy of your information. Please review our Privacy Notice at https://www.steeldynamics.com/privacy-policy/ for details about how we collect, use, and disclose your information in connection with your access and use of the Site.

Intellectual Property and Use of the Site

The Site and its Materials are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”) displayed in the Materials are our property, unless otherwise disclosed. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Materials for commercial or public purposes without our express authorization. You may not copy any material from the Materials without the express prior written authorization of Steel Dynamics and subject to our copyright notice being affixed to the copied material. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary right of Steel Dynamics.

Except as otherwise indicated elsewhere on this Site, you may view, download, and print the Materials available on this Site subject to the following conditions:

• The Materials may be used solely for personal, informational, internal, non-commercial purposes.
• The documents and information may not be modified or altered in any way.
• The documents and information on the Site may not be distributed.
• You may not remove any copyright or other proprietary notices contained in the documents and information.
• Steel Dynamics reserves the right to revoke the authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Steel Dynamics.
• The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Third-Party Content

We may display advertisements or other content from third parties on the Site, such as banner advertisements, pop-up windows, and links to third-party websites. We are not responsible for such advertisements and content, or for any products, services, or other materials relating to such advertisements or content. Your linking to any websites from the Site is at your own risk.

Prohibited Communications

You are prohibited from using the Site to post or transmit any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material; any material that is contrary to applicable local, federal, or international laws and regulations; or any material that could constitute or encourage unlawful conduct. We may from time to time monitor or review material transmitted or posted using the Site, and we reserve the right to delete any material our company deems inappropriate. We are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Site.

User Account

You are responsible for maintaining the confidentiality of your log-in credentials in connection with a user account you register using the Site (your “Account”). You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account log-in credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify Steel Dynamics of any unauthorized use, or suspected unauthorized use, of your Account or any other compromise of security. Steel Dynamics cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Steel Dynamics, THE SITE AND RELATED MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND STEEL DYNAMICS HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and the warranty of non-infringement. Without limiting the foregoing, Steel Dynamics makes no warranty that (i) the Site and Materials will meet your requirements, (ii) the Site and Materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site or Materials will be effective, accurate, or reliable, and (iv) the quality of any Site or Materials purchased or obtained by you from the Site will meet your expectations. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

In no event shall Steel Dynamics be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Steel Dynamics has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or of any website referenced or linked to from this Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

The use of the Site is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from Steel Dynamics or through or from the Site shall create any warranty not expressly stated in these Terms.
Indemnity

Indemnity

You agree to indemnify and hold Steel Dynamics, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your connection to the Site, your use of the Site, your violation of these Terms, or your violation of any rights of another person or entity.

Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STEEL DYNAMICS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of these Terms or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Steel Dynamics agree (a) to waive your and Steel Dynamics’ respective rights to have any and all Disputes arising from or related to this Agreement, or the Site, resolved in a court, and (b) to waive your and Steel Dynamics’ respective rights to a jury trial. Instead, you and Steel Dynamics agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions. You agree that any Dispute arising out of or related to the Terms or the Site is personal to you and Steel Dynamics, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Steel Dynamics agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Steel Dynamics agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.

Federal Arbitration Act. You agree that the Terms affect interstate commerce and the enforceability of the Dispute Resolution; Binding Arbitration Terms shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Notice; Informal Dispute Resolution. You and Steel Dynamics agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Steel Dynamics shall be sent by certified mail or courier to 7575 West Jefferson Blvd., Fort Wayne, IN 46804, Attn: Corporate Legal Department. If you and Steel Dynamics cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Steel Dynamics may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.

Authority of Arbitrator. As limited by the FAA and this Agreement, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this section of the Terms, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by writing to: Legal Department, Steel Dynamics, Inc., 7575 West Jefferson Blvd., Fort Wayne, IN 46804. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the section regarding “Governing Law and Venue” below.

Governing Law and Value

You agree that the laws of the State of Indiana, without regard to the conflict of laws principles, shall govern these Terms and any dispute arising out of your use of the Site or Materials that might arise between you and Steel Dynamics. The federal and state courts of the State of Indiana located in Allen County shall have exclusive jurisdiction over all claims. Notwithstanding the foregoing, you agree that we may, in our sole discretion, bring a claim in any forum in which personal jurisdiction can be exercised.

Right of Modification and Termination

We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all information received from our Site and ceasing to use our Site.

We reserve the right, without notice and for any reason, to remove any Materials from the Site, correct any errors, inaccuracies, or omissions in any Materials on the Site, change or update any Materials on the Site, and to deny access of any user(s) to all or any part of the Site at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by Steel Dynamics on the Site constitute the entire agreement and understanding between you and us, and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Questions

If you have any questions about these Terms, please contact us at (260) 969-3500.