Metals USA Holdings Corp., a Delaware corporation (“Metals USA”),
demonstrate our commitment to the privacy of your personal
information. The following discloses our information gathering and
dissemination practices for this website (the “Site”).
Notice of Information Collected and Disclosed
This Policy tells you, among other things, what information we
gather from you through our Site, how we may use or disclose that
information, and our efforts to protect it.
In connection with your use of this Site, we may collect the
The domain name, but not the e-mail
address of visitors to our Site.
The e-mail addresses of users who
communicate with us via e-mail.
Aggregate information on what pages
on our Site users’ access or visit.
Information volunteered by the user,
such as site registration, e-mail
update requests and general requests
Information about your transactions
We do not disclose any nonpublic personal information about you to
anyone, except as permitted by law; however, we may choose to
disclose all of the information we collect, as described above, to
companies that perform marketing services on our behalf or to other
similar companies with whom we have joint marketing agreements.
Metals USA is the sole owner
of the information collected on this Site.
Metals USA may share
aggregate information about users of our Site with advertisers,
business partners, sponsors and other third parties, though such
summary information will not identify any specifics related to you.
We may use the personal
identifying information you provide to administer Site usage,
monitor traffic-levels, and to contact you regarding improvements we
can make to our Site and our services.
We also may use IP addresses
to analyze trends, administer the Site, track user movement, and
gather broad demographic information for aggregate use.
We may use your e-mail
address to contact you directly regarding services, products or
information that we believe might be of interest to you.
We will not sell, share, or
rent this information to others in ways different from what is
disclosed in this Policy.
Metals USA restricts access to your nonpublic personal information
to those employees who need to know that information to provide
merchandise or information to you. Metals
USA maintains physical, electronic, and procedural safeguards to
guard your nonpublic personal information.
If you prefer that we not disclose nonpublic personal information
about you to nonaffiliated third parties, you may opt out of those
disclosures; that is, you may direct us not to make those
disclosures (other than disclosures permitted by law).
If you receive communications
from us that you do not want to receive, you can opt-out from
receiving these communications by specifically telling us to stop
sending them to you. If you
wish to opt out of disclosures to nonaffiliated third parties, you
may call Metals USA at 954-202-4000.
(Transfers to Third Parties)
We will apply the Notice and Opt-out policies discussed above in the
event we propose to disclose your information to a third party.
E-mails and other information you send to us is not encrypted and
cannot be considered a secure means of transmitting sensitive
information. Metals USA will
never ask you to submit your financial data such as your credit card
account number, via e-mail. You
should be aware of the limitations of security, authentication,
encryption, and privacy measures over the internet and that any
information you transmit through the Site may be damaged, corrupted,
“sniffed” and/or accessed by another person without your permission.
Regardless of the precautions taken by you or by us, “perfect
security” does not exist on the Internet. We cannot ensure or
warrant the ultimate security of any information you transmit.
Collection and Use of IP Addresses
We may use IP addresses to analyze trends, administer the Site,
track user’s movement, and gather broad demographic information for
aggregate use. IP addresses are not linked to personally
A cookie is a small data file that certain web sites write to your
hard drive when you visit them. A
cookie can contain information such as a user ID that the Site uses
to track the pages you’ve visited.
We do not store passwords or
any personal information about you. We
may use this ID to identify you anonymously in our database and to
track information while you are on our Site.
You do not need to have
cookies turned on to use this Site. However,
if you turn off cookies, then you may not be able to utilize certain
features of this Site.
The Site may contain links to other sites.
Please be aware that Metals
USA may not be responsible for content or the privacy practices of
such other sites. We
encourage our users to be aware when they leave our Site and to read
the privacy statements of each and every website that collects
personally identifiable information.
This Policy applies solely to information collected by this
This Site is not directed at children under the age of 18 and does
not knowingly collect personal information from children under the
age of 18. If Metals USA
obtains actual knowledge that it has obtained personal information
about a child under the age of 18, that information is immediately
and permanently deleted from our records.
Changes to Policy
We may occasionally change this Policy. If we do, we
will post the changes on the Site. The changes will
take effect as soon as posted.
Welcome to metalsusa.com (the “Site”).
(the “Agreement”) constitutes a valid, binding contract between you
and Metals USA Holdings Corp., a Delaware corporation, and its
affiliates (“Metals USA”), the owner and operator of the site
accessible through metalsusa.com, with respect to the use of this
Site. The Site and the
products and services of Metals USA are provided subject to
compliance with the terms of this Agreement.
Your use of this Site
signifies and constitutes your acceptance of this Agreement, as it
may be amended from time to time. Please
read this Agreement carefully as it forms a binding contract between
you and Metals USA. Please
print a copy of this Agreement for your records.
Metals USA takes the issue of privacy on the Internet very
seriously. Please see our
Use of Contents
You may use the Site only for your or your entity’s general business
purposes, such as gathering information for your personal purchase
or collecting necessary information as a dealer of products provided
by Metals USA. The
information provided on the Site is provided only in connection with
the marketing efforts of Metals USA and is not to be used to seek
similar opportunities from competitive suppliers or in competition
with Metals USA. You shall
access or use the Site and its content only to process transactions
and shall not access or use the Site or its content to provide
information to third parties unrelated to the allowed purposes of
the Site. Site content
copied, downloaded or printed must retain all the copyright,
trademark and other proprietary notices.
For commercial use of any
portion of the contents of the Site, you must secure the written
consent from the appropriate content provider.
Use of Site
Your use of the Site is at the sole discretion of Metals USA, which
may deny you further use of the Site at any time, for any reason,
with or without cause. Your
use of the Site and any orders for merchandise placed through this
Site does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In
particular, but without limitation, you agree and represent not to
use the Site to:
impersonate any person or entity or
falsely state or otherwise
misrepresent your affiliation with
any person or entity;
upload, post, e-mail or otherwise
transmit any content that is
unlawful, harmful, threatening,
abusive, harassing, tortuous,
defamatory, vulgar, obscene,
libelous, invasive of another’s
privacy, hateful, or racially,
ethnically or otherwise
upload, post, e-mail or otherwise
transmit any content that infringes
any patent, trademark, trade secret,
copyright or other proprietary
rights of any party; or
upload, post, e-mail or otherwise
transmit any material that contains
software viruses or any other
computer code, files or programs
designed to interrupt, destroy or
limit the functionality of any
computer software, network, hardware
or telecommunications equipment.
We have undertaken to display the products featured on this Site as
accurately as possible. Please
note, however, that the colors we use, as well as the display and
color capabilities of your particular computer monitor, will greatly
affect the colors actually seen on the screen.
The Site cannot be
responsible for the limitations of your monitor’s display of any
color, texture, or detail of actual merchandise.
By voluntarily submitting information, communications or content
(including pictures and anecdotes) to the Site, you agree that such
submissions are non-confidential for all purposes.
You further agree that such
submissions become the property of Metals USA and that all right,
title and interest therein, including all rights of copyright, shall
rest with Metals USA at the time they are submitted and/or posted.
Such submissions are subject
to being used, reproduced, modified, published, edited, translated,
distributed, performed and displayed in any media or medium, or any
form, format or forum now known or hereafter developed, for any
purpose, in perpetuity without further notice.
The submission of such
materials in no way creates any obligation or duty on the part of
Metals USA to post or use such materials or, if we do so, to give
Links to Other Sites
The Site may contain links to third party websites that are not
under the control of Metals USA. Please
note that Metals USA is not responsible for the accuracy or content
of third party websites that may be linked to this Site.
Accordingly, Metals USA makes
policies or content of these sites, nor can the fact that Metals USA
has provided this link serve as an endorsement by Metals USA of
these or any other site. In
creating hypertext links to another website, Metals USA is not
recommending that website or giving any assurances as to its
standing. Metals USA is
providing such link only as a convenience to you.
The inclusion of these links
is not intended to reflect their importance, nor is it intended to
endorse any views expressed, or products or services offered on
these third party sites, or the organizations sponsoring such sites.
Metals USA makes no representations or warranties, explicit or
implied, regarding the performance of the links, the performance of
the third party sites or the content of the third party sites.
If you decide to access
linked third party websites, you do so at your own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS METALS USA AND ITS
AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND
EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE
NEGLIGENCE OF METALS USA, ARISING FROM OR RELATED TO YOUR USE OF THE
SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
USA EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED
WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY,
PERFORMANCE, NON-INTERFERENCE WITH
INFORMATION, AND ACCURACY OF
IS NO WARRANTY THAT INFORMATION
PROVIDED HEREUNDER, OUR EFFORTS, OR
THE SITE WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS.
METALS USA MAKES NO WARRANTY THAT:
1. YOUR USE OF THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
2. THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE; AND
3. THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER
MTERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE
IS COMPLETED AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY AND ALL DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT MAY RESULT FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM METALS
USA OR THROUGH THIS SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METALS USA SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
METALS USA HAS BEEN ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES),
THE USE OF OR THE INABILITY TO USE
UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION
CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE
AND EXCLUSVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
NOTWITHSTANING THE FOREGOING, THE LIABILITY OF METALS USA AND ITS
AFFILIATE TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF
PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO
CASE SHALL SUCH AMOUNT EXCEED $1,000.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER
PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION
LAWSUIT AGAINST METALS USA ARISING OUT OF THE USE OF THE SITE.
METALS USA SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS OR
WARRANTIES SET FORTH ON THIRD PARTY SITES IN RELATION TO THE
INFORMATION PROVIDED IN THIS SITE.
Intellectual Property Rights
This Site is protected by copyright, trademark, trade dress and
other intellectual property rights.
Metals USA grants you a personal,
non-exclusive, and limited right and
license to use the object code of
the Site on a single computer;
provided that you do not (and do not
allow any third party to) copy,
modify, create any derivative work
from, reverse engineer, reverse
assemble or otherwise attempt to
discover any source code, sell,
assign, sublicense, grant a security
interest in or otherwise transfer
any right in the software for the
Metals USA’s logos, and other
trademarks, service marks, labels,
product names and service names
(collectively, the “Marks”) are
owned or licensed by Metals USA.
agree not to copy, display or
otherwise use any of the Marks
without the prior written permission
of Metals USA. Notwithstanding the
foregoing, the Marks may not be used
in any manner likely to cause
confusion, disparagement or dilution
of the Marks and/or in connection
with any product or service that is
not authorized or sponsored by
The entire Site, and all object code
and source code, text, graphics,
multimedia content, including but
not limited to images,
illustrations, audio and video
clips, html and other markup
languages, and all scripts within
the site associated therewith, are
copyrighted by Metals USA. Metals
USA reserves all its rights thereto.
Metals USA may update, revise, supplement, modify or amend this
Agreement at any time. Any
updates, revisions, supplements, modifications or amendments shall
be effective immediately upon posting on the Site.
You agree that you will be
bound by this Agreement, however and whenever it is updated,
revised, supplemented, modified, or amended, whether you have actual
or constructive notice thereof, and without regard to whether or not
you have used or continue to use the Site after such updates,
revisions, supplements, modifications or amendments.
This Agreement constitutes the entire agreement between you and
Metals USA with respect to your use of the Site.
There are no other
representations, warranties, terms, agreements or conditions, either
written or oral, with respect to your use of the Site except as set
forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void,
voidable or unenforceable for any reason, then that provision shall
be deemed severable from this Agreement and shall not affect the
validity or enforceability of any remaining provisions.
Governing Law and Venue
This Agreement, the entire relationship between you and Metals USA,
and any litigation or other legal proceeding between you and Metals
USA (whether grounded in tort, contract, law or equity) shall be
governed by and construed in accordance with the laws of the State
of Texas, without giving effect to its choice of law rules.
This contract is fully performable in Harris County, Texas.
Any litigation arising
between the parties hereto shall be brought only in the state or
federal courts having subject matter jurisdiction in Harris County,
Texas. You hereby irrevocably
and unconditionally consent to the jurisdiction of any such court
and hereby irrevocably and unconditionally waive any defense of an
inconvenient forum to the maintenance of any action or proceeding in
any such court, any objection to venue with respect to any such
action or proceeding, and any right of jurisdiction on account of
the place of residence or domicile of any party hereto.
Metals USA may terminate your right to use this Site, with or
without cause at any time in its sole discretion, including, without
limitation, upon your violation of this Agreement, failure to
provide accurate registration data, and lack of use.
warranties, indemnifications, and promises made by you shall survive
This Site contains forward-looking statements about
Metals USA’s products, financial and operating
performance, business plans and prospects that
involve substantial risks and uncertainties.
Actual results could differ materially from
the expectations and projections set forth in those
Such risks and uncertainties include, among
demand trends for the
Company’s products; fluctuations in pricing for
metal or other raw materials and finished goods; the
effect of consolidation or other actions of our
suppliers including disruptions in our sources of
supply; increased competition
the effect of general economic
conditions in the United States and in the regions
in which Metals USA operates.
list and description of these and other risks,
uncertainties and other matters can be found in
Metals USA’s most recent Annual Report on Form 10-K
and subsequent Reports on Forms 10-Q and 8-K, all of
which are available on this Site and at
USA assumes no obligation to update any
forward-looking statements as a result of new
information or future events or developments.
If you have a comment, question or request, or if you need to
contact Metals USA for any other reason:
You can e-mail us by completing the
form and clicking “Submit” on the
“Contact Us” section of the Site.
You may call us at 954-202-4000.
ordinary business hours are Monday
through Friday, 8:30 a.m. to 5:30
p.m. Eastern Time (except holidays).
If you call outside ordinary
business hours, please leave a
message including your name and
Metals USA Holdings Corp.
2400 East Commercial Boulevard,
Fort Lauderdale, FL