ALLEGHENY ENVELOPE – TERMS & CONDITIONS

LAST UPDATED: AUGUST 28, 2024

ALLEGHENYENVELOPE.COM IS OWNED AND OPERATED BY ALLEGHENY ENVELOPE LLC. BY VISITING, USING AND/OR REGISTERING WITH ALLEGHENYENVELOPE.COM (“SITE”), YOU (REFERRED TO HEREAFTER AS “YOU”, “YOUR” OR “USER”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS & CONDITIONS” or “TERMS”). PLEASE READ AND CAREFULLY REVIEW THESE TERMS & CONDITIONS, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ALLEGHENY ENVELOPE LLC (TOGETHER WITH ITS AFFILIATES HEREAFTER ALSO REFERRED TO BY THE BRAND NAME OF THIS SITE, “ALLEGHENYENVELOPE.COM” AS WELL AS “WE”, “US”, OR “OUR”) AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. YOU SHOULD PAY ATTENTION TO THE ARBITRATION PROVISION SET FORTH BELOW WHICH, EXCEPT AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST ALLEGHENY ENVELOPE LLC. OR ITS AFFILIATES ON AN INDIVIDUAL BASIS, RATHER THAN RESOLVING DISPUTES BY JURY TRIALS OR CLASS ACTIONS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE SITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, ALLEGHENYENVELOPE.COM, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS.

Copyright Notice

You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of ALLEGHENYENVELOPE.COM, its licensees, and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions are expressly reserved by us.

Corporate Identification and Trademarks

“ALLEGHENYENVELOPE.COM” and any and all other marks appearing on this Site are trademarks of Allegheny Envelope, LLC. in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Allegheny Envelope, LLC.’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Allegheny Envelope, LLC. prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Allegheny Envelope, LLC. in writing.

User Conduct & Eligibility

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or

otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.

As a condition of your use of certain services offered through the Site, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.) You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Minimum Age. The Site and its services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years old or older.

User Restrictions

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent requests. You may not use robots or other automated means to access this Site, unless specifically permitted by ALLEGHENYENVELOPE.COM. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without ALLEGHENYENVELOPE.COM’s prior written consent is prohibited.

In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:

• Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;

• Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
• Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.

We expressly reserve the right, in our sole discretion, to terminate a User’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.

Linking to the Site

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

Copyright

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (d) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can find more information in the U.S. Copyright Office website, currently located at http:// www.loc.gov/copyright.

Optional Tools

We may provide you with access to third-party tools which we are under no obligation to control, monitor, correct or to provide, make available, support or ensure the continued availability of such third- party tools. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranty of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. The third-party service provider is solely responsible for the performance of its third-party tools, as well as for any claims or warranties in relation to it.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

Links to Third-Party Websites

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

Privacy

You confirm that you have read, understood and agree to the ALLEGHENYENVELOPE.COM Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by ALLEGHENYENVELOPE.COM, its affiliates, third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the ALLEGHENYENVELOPE.COM Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by ALLEGHENYENVELOPE.COM in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALLEGHENYENVELOPE.COM. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLEGHENY ENVELOPE, LLC. – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR PRODUCTS OR SERVICES SOLD THEREON OR FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM ALLEGHENYENVELOPE.COM, WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO ALLEGHENYENVELOPE.COM FOR THE REQUEST.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, (E) any image or content being reproduced as part of your order; (F) any alleged or actual infringement, misappropriation or violation of intellectual property rights by any image, content or other materials provided by You in connection with the Site, and (G) circumstances where user uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in ALLEGHENYENVELOPE.COM’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the user or user’s employees which may occur as a result of any mailing service including mailing list rentals. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. ALLEGHENYENVELOPE.COM may sublicense the rights that you grant it in this Section to a third-party subcontractor only for purposes of operating the Site, providing the product and services, processing your order, and producing and shipping your products.

Amendments to Terms & Conditions

ALLEGHENYENVELOP.COM reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms & Conditions at any time. You agree that we may modify these Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the site or restrict your access to any part or all of the Site without notice or penalty. You agree that ALLEGHENYENVELOPE.COM will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to ALLEGHENYENVELOPE.COM at [email protected] or to you at the email address you provide to ALLEGHENYENVELOPE.COM. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

How do I contact ALLEGHENYENVELOPE.COM?

Our postal address is:

301 Cove Lane Road
Roaring Spring, PA 16673
We can be reached via email at [email protected] or by telephone at 814.924.0795