TERMS AND CONDITIONS OF USE OF THE WEBSITE OF HI-TEMP SPECIALTY METALS, INC.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

UNAUTHORIZED USE OF THE HI-TEMP SPECIALTY METALS, INC. ("HI-TEMP") WEBSITE (“Hi-tempmetals.com” or the "Website") and systems, including, but not limited to, unauthorized entry into HI-TEMP systems, misuse of passwords, or misuse of any information posted to the Website, is strictly prohibited.

HI-TEMP may disclose and transfer any information that you provide through this Website to (i) any company within the HI-TEMP group, i.e., its subsidiaries, affiliates, or agents; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. Although it currently is not, use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording. For additional information about how we handle your information, see our Privacy policy, the provisions of which are hereby incorporated in this Terms of Use.

Copyright Notices

The works of authorship contained in the Website including but not limited to all information, design, page screens, lay-outs, photographs, text, sound recordings, hypertext links, maps, logos and images (individually and collectively, the “Content”) are owned, except as otherwise expressly stated, by HI-TEMP or one of its affiliates. Except as otherwise expressly stated herein, the Content may not be copied, quoted, excerpted, transmitted, displayed, distributed, licensed, altered, framed, converted and/or stored for subsequent use, or otherwise used, in whole or in part, for compensation or otherwise, in any manner without the prior written consent of HI-TEMP, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the proprietary rights of HI-TEMP; provided, that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice that may be contained in such information, as downloaded.

Web Content and Materials

The Content of this Website is for information purposes only. It is believed to be reliable, but HI-TEMP does not warrant its completeness, timeliness, or accuracy.

The information and materials contained in this Website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice.

HI-TEMP MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND HI-TEMP DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. HI-TEMP RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY HI-TEMP TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

• hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• overload of system capacities;
• damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, acts of terrorism or natural disasters;
• interruption (whether partial or total) of power supplies or other utility of service;
• strike or other stoppage (whether partial or total) of labor;
• governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of HI-TEMP.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". HI-TEMP AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. HI-TEMP AND THIRD PARTY DATA PROVIDERS DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, HI-TEMP WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL HI-TEMP BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND THE CONTROL OF HI-TEMP. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

HI-TEMP AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable one. The user's access to and use of the Website, and these Terms and Conditions, shall be governed by the laws of the State of New York without giving effect to its conflict of laws rules.