I. Introduction and permitted use

(A) PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE USING THIS WEBSITE (“SITE”), WHICH IS OPERATED BY SPECTRO ALLOYS LLC, A SUBSIDIARY OF EMIRATES GLOBAL ALUMINIUM PJSC (“SPECTRO”, “WE”, “US” AND OUR”). THESE TERMS ARE INTENDED TO CONSTITUTE A BINDING AGREEMENT THAT CONDITIONS AND GOVERNS YOUR USE OF THIS SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE. YOU ACKNOWLEDGE AND AGREE THAT WE MAY USE ANY PERSONAL DATA THAT WE MAY COLLECT OR OBTAIN IN CONNECTION WITH THE SITE IN ACCORDANCE WITH OUR PRIVACY POLICY.

(B) We reserve the right, at our discretion, at any time, to change, update, amend, and/or modify these Terms without prior notice. It is your responsibility to review these Terms periodically for any changes. The revised Terms will become effective at the time of posting, and any use of the Site after the effective date constitutes your acceptance of the revised Terms.

(C) You are hereby granted a limited, revocable, non-exclusive, non-sublicensable, license to access and use the Site for your (or your organization’s) business purposes only. This license is subject to your compliance with these Terms, the Privacy Policy and all other posted terms and conditions on the Site. The Site will permit you to obtain information concerning our business, products, services, and conduct certain commercial transactions with us. All commercial transactions shall be subject to the applicable contractual terms and conditions. Nothing contained in these Terms is intended to modify any other written contract you may have with Spectro, if any, that may be in effect. In the event of any inconsistency between these Terms and any other agreements with us, the terms of the other agreements shall control.

(D) By using or accessing this Site, you may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a material breach of these Terms.

II. Hyperlinks and provision of third-party content

(A) The site may contain links to other websites and/or other third-party content. We do not review or monitor any third-party websites linked from or to the Site. If you decide to access any linked website, you do so at your sole risk. Spectro will not be responsible for the information, materials, products or services obtained on or from such other websites, nor will Spectro be liable in any respect whatsoever for any damages arising from your access to such websites.

(B) Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Spectro with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party websites to any the Site without the express prior written consent of Spectro.

III. Intellectual property and content ownership

(A) All designations, marks, names, slogans, information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials and content, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Spectro and/or its affiliates (or a third party). Nothing in this Site shall be deemed to convey to you any right, title, or interest in any such content and intellectual property except for the right to view and/or use the same pursuant to these Terms. Any unauthorized use of any of such intellectual property may constitute an infringement under applicable laws for which you shall be liable.

(B) You may not remove any copyright, trademark or other proprietary notice or legend contained on or printed from the Site. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without our written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Spectro.Further, Spectro, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Spectro’s sole discretion. Spectro, however, neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Spectro.

IV. Prohibited uses

(A) You agree not to: (i) “flood,” “spam,” “mailbomb” or overload any of the Site or otherwise take any action that may result in damage, impairment or overload of any of the Site’s infrastructure; (ii) use any device, software or routine to attempt to interfere with any of the Site’s functionality or appearance; (iii) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest, extract or collect information from the Site; (iv) attempt to decompile, disassemble or reverse-engineer any of the Site’s source code or software; (v) impersonate any person or entity other than yourself; (vi) use the Site to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (vii) assist or encourage violations of these Terms, the Privacy Policy or applicable laws or regulations; (viii) use any hidden text or metatags using “Spectro”, “EGA”, “Emirates Global Aluminium”, or any of our trademarks, service marks or names without our prior written consent or (ix) violate or attempt to violate the security of any of the Site (including without limitation, servers or data without authorization, probing or testing the vulnerability of any of the Site’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).

(B) The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual. In addition, you may not frame or use framing techniques to enclose any portion of this Site without the express written consent of Spectro. You may not use meta tags or any other hidden text using the Spectro name or trademarks and service marks.

V. User-provided content

(A) You acknowledge that you are responsible for all the materials and information you may submit via the Site, including the accuracy, reliability, appropriateness, originality and copyright ownership/use right of any such material (“User Material”). You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

(B) By uploading or otherwise posting any User Materials on the Site, you expressly represent, warrant, and covenant that: (i) you own or otherwise have all necessary rights or permission, including but not limited to copyrights, to the User Materials you provide and the rights to use it as provided in these Terms; (ii) all information you provide is true, accurate, current, and complete, and does not violate these Terms; and (iii) the User Materials will not cause injury to any person or entity. Further, by submitting any User Materials, you hereby grant to Spectro an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Spectro via the Site or otherwise, you hereby assign to Spectro all rights in the Feedback and agree that we may use such Feedback for any purpose without compensation to you. We will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to us any information considered to be confidential or proprietary.

VI. Indemnity and disclaimer of warranties and liability

(A) You agree to indemnify, defend and hold harmless Spectro 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 your use of the Site and any violation of these Terms and conditions. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you 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.

(B) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SPECTRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, 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 YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPECTRO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SPECTRO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(C) YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPECTRO NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SPECTRO AS 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 SPECTRO, ITS AFFILIATES OR ANY OF ITS 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, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR 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. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SPECTRO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OR OFFENSIVE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SPECTRO IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL SPECTRO’S TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. PURSUANT TO APPLICABLE LAW, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY.

VII. Copyright infringement notice (DMCA)

We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on the Site infringes your copyright, you may request removal of that content from the Site by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”):

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
• Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
• Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
• A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g., is not a “fair use”);
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA notices may be sent to us at info@spectroalloys.com. If you knowingly materially misrepresent that any content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

VIII. Miscellaneous

(A) If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Further, no waiver by Spectro of any right under these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time.

(B) These terms, together with other posted policies on the site, together represent the entire agreement between Spectro, on the one hand, and you, on the other, relating to the subject matter hereof. We may assign the Site and our rights and duties under these Terms, the Privacy Policy and other posted policies in connection with any reorganization, change of control or asset sale in our sole discretion. No course of conduct or trade practice will be deemed to modify these Terms in any respect.

(C) Spectro is under no obligation to post, forward, distribute or otherwise provide any material available on this site, and so we have an absolute right to remove any material from the site in our sole discretion at any time.

(D) By accessing or visiting the site, you expressly agree that the laws of the State of Minnesota, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action with Spectro, or relating in any way to your use of the website, resides in the courts of the State of Minnesota, with venue residing solely in the United States District Court for the District of the State of Minnesota or a similar Minnesota state court within Hennepin County, Minnesota. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any such dispute and including any claim involving Spectro or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

(E) YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THESE TERMS IN ANY ACTION, PROCEEDING, COUNTERCLAIM, OR OTHER DISPUTE RESOLUTION OR LITIGATION OF ANY TYPE OF CLAIM BROUGHT BY YOU AGAINST SPECTRO.

(F) If you have any questions, concerns or complaints in relation to the Site or these Terms please contact us by sending an email to info@spectroalloys.com.