Terms of Use

Introduction

NOVA [1] operates this Web site to provide online access to information about the corporation, its affiliates and subsidiaries (hereafter ‘’NOVA’’) as well as the products, services and opportunities we collectively provide (the “Web site”).

Please read the terms and conditions set forth herein (the “Terms of Use”) carefully before using the Web site.

The Web site is available for your access and use only on the condition that you agree to the Terms of Use. By accessing or using the Web site, you and the entity you are authorised to represent signify your agreement to be bound by each provision of the Terms of Use. If you do not agree with all of the Terms of Use, do not access or use the Web site.

Scope

These Terms of Use are an agreement between you and/or the entity you are authorized to represent with NOVA and shall govern your use of the Web site and all applications, software and services available via the Web site.

All the materials contained in the Web site are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and NOVA. No information provided on this Web site shall be considered a substitute for your independent investigation. Note that some areas of the Web site may be restricted to suppliers and/or customers of NOVA. (“Partner Centre”)

To the extent that any of our webpages or applications accessible though the URL http://novasteelcorp.com are ruled by additional or different practices or policies, these practices or policies will be accessible on that page.

Modifications

NOVA reserves the right to modify or update the Terms of Use at its sole discretion, at any time and without prior announcement. You are responsible for informing yourself of the Terms of Use in force at the time of use of this Web site. Your continued usage of the Web site following the posting of changes to these Terms of Use will mean you accept those changes.

Intellectual Property Rights

Any and all intellectual property rights associated with the Web site and its contents (including, but not limited to text, graphic images, audio, video, html code, buttons, trademarks, software, logos) are the sole property of NOVA, unless otherwise clearly indicated or in any other way perceivable as third party rights.

The above-mentioned content may not be sold, distributed, transmitted, copied, modified or decompiled, in any way, without the prior written consent of NOVA. Any unauthorised use of the content is expressly prohibited and may constitute a violation of copyright law, trademark law, patent law or other industrial property rights.

You may only download, display and print one copy of the Web site on your personal computer for private and non-commercial purposes and/or purposes allowed by the applicable law. Any other use or modification of the content of NOVA’s Web site without NOVA’s prior written authorization is prohibited.

Restrictions of use of the Web site

In addition to other restrictions otherwise set forth in these Terms of Use, and by way of example and not as a limitation, you shall not:

  • use the Web site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
  • falsify, disable or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or other material contained in a file that is uploaded;
  • alter, modify, copy, translate or create derivative works of any content provided by NOVA through the Web site;
  • disguise the origin of information transmitted through the Web site
  • place false or misleading information on the Web site
  • use or access any service, information, application or software available via the Web site in a manner not expressly permitted by NOVA.

Electronic access or ecommerce uses

In the process you may be required to meet formal requirements and you will be provided with a login and temporary password you will have to modify.

You are responsible for maintaining the confidentiality of your login and password information, and for restricting access to your computer.

You shall ensure that third parties are prevented from using your password and login and shall immediately inform NOVA if it has a reason to believe that any unauthorized person or entity has access to or is likely to use your password and login. This notification shall be addressed to your NOVA regular contact by e-mail and NOVA will disable access within a period of forty-eight (48) hours following receipt of this notification.

You agree to accept responsibility for all activities that occur under your member identification and password.

Disclaimer of Warranties

NOVA has compiled and organised the content of this Web site to the best of its knowledge and provides it on an “as is” basis. No representation is made, or warranty given, either express or implied, for the completeness, accuracy, reliability, security, timeliness, or fitness for a particular purpose, of the content of the Web site or the non-existence of any viruses on the website.

No information obtained by you from the Web site shall create any warranty not expressly stated by NOVA in these Terms of Use.

NOVA reserves the right to modify or close the Web site at its own discretion and without prior announcement.

Limitation of liability

You agree to access and to use the Web site at your own risk. NOVA cannot be held liable for any direct or indirect or other losses or damages of whatsoever kind (whether based on contract, tort, delict, warranty or any other legal theory) resulting from access or use, or from the inability to use this Web site, from inaccuracies or omissions in this Web site, from any decisions you may make based on information contained in this Web site, from viruses from this Web site, or non-accessibility of this Web site, even if NOVA has been advised of the possibility of such damages. If you are dissatisfied with the Web site, its services, its content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Web site.

Financial disclaimer

Nothing contained in the Web site shall be deemed to be either advice of a financial nature to act or not to act in any way whatsoever or an invitation to invest or deal in any form of investment, whether listed or unlisted, in NOVA. or any of its entities.

Certain information discussed in this Web site may constitute forward-looking statements regarding the financial positions, results of operations, business and industrial strategy of NOVA. More generally, when used in this Web site, the words “foresee(s)”, “aim(s)”, “expect(s)”, “intend(s)”, “will”, “may”, “believe(s)”, “anticipate(s)” and similar expressions are intended to identify forward-looking statements. Such statements are based on hypotheses that may prove incorrect and are subject to risks and uncertainties, including fluctuations in exchange rates, raw material costs, the capacity to achieve cost reductions without negatively impacting on operations, environmental regulation issues and general economic and financial conditions.

NOVA is under no responsibility to update such statements in light of new information or future or other events.

Compliance with law

You agree to use the Web site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of NOVA negatively reflect on the goodwill or reputation NOVA and shall take no actions which would cause NOVA to be in violation of any laws, rulings or regulations applicable.

Indemnity

You agree at all times to indemnify, defend and hold harmless NOVA, its agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever sustained, incurred or paid by NOVA. directly or indirectly in respect of (i) any information or other content you provide on or through this Web site and (ii) your use or misuse of the content of this Web site, including without limitation infringement claims.

Links

Links to this Web site are allowed, provided that NOVA is informed prior to the publication of the link and that NOVA has given its prior

written

consent: NOVA reserves the right to withdraw this permission in the future. By receiving information about such links, NOVA makes no judgment or warranty with respect to the Web sites providing such links and NOVA takes no responsibility for these Web sites.

This Web site may contain links to Web sites not operated, controlled, or supervised by NOVA. These links are provided solely as a convenience for you. If you follow these links, you’ll leave the Web site, and will be subject to the terms of use and privacy policy applicable to those websites. By providing such links, NOVA. makes no judgment or warranty with respect to the websites accessible through the links and NOVA takes no responsibility for these websites.

NOVA does not accept any responsibility for the availability or the contents of such websites or any liability for damage resulting from the use of such contents, of whatever form.

Applicable law – Severability

This document is governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Quebec and the federal laws of Canada (excluding any conflict of laws, rule or principle which might refer such interpretation to the laws of another jurisdiction).

If any provision of these Terms of Use is held by a court to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

[1] Nova designates Novamerican Steel its affiliates and subsidiaries in Canada, the United States and Mexico which are identified throughout our Web site.