1. General Overview. The following terms and conditions (“Terms and Conditions”) govern the access and use for the North Star BlueScope Steel LLC (“Company”) mobile application  (“Mobile Application”) by any person (“you” or “your”) including the software application that is compatible for use on the iPhone® mobile device, iPod mobile device and other devices operating on the Apple mobile operating system (iOS). By utilizing the Mobile Application, you agree to be bound by, abide by and conform to these Terms and Conditions, as they may be amended from time to time, without notice. The Company reserves the right to amend, modify or otherwise update the Terms and Conditions from time to time without notice. Furthermore, the Company may terminate, change, suspend or discontinue any aspect of the Mobile Application, including the availability of any features of the Mobile Application, at any time without notice in its sole discretion.

  2. Registration. The Company limits access to the Mobile Application to its customers, suppliers, and other interested third parties with a compatible wireless web-enabled cell phone or other type of mobile device (“Eligible Mobile Device”). The list of Eligible Mobile Devices is subject to change at any time without notice. The Company requires you to provide certain information as a condition of your access to the Mobile Application, including the name of the business on whose behalf you are registering for the use of the Mobile Application (the “Business”). Upon approval of your application for access, you will receive a user identification and password (the “User Identification”). Access to the Mobile Application may be terminated, without obligation or liability to the Company, at any time and for any reason (or no reason at all) including, but not limited to, violation of these Terms and Conditions, non-payment of outstanding invoices, and/ or any possible threat to the Company's system security or integrity. You agree to immediately notify the Company by email at sales@nsbsl.com of any breach of the confidentiality of your User Identification, including any unauthorized use or access.

  3. Use of Information. In addition to the information provided as a condition of Mobile Application access, the Company collects various types of information from the users of this Mobile Application, including, but not limited to, the IP address of visitors, the length of time spent on the Mobile Application, and the pages accessed while visiting the Mobile Application. This information is collected to analyze use of the Mobile Application, identify potential opportunities to improve service to customers, assess technical capabilities, facilitate system administration, and improve the content of the Mobile Application. You acknowledge and agree that the Company may collect, transmit, store, and use such information.

  4. Confidentiality and Privacy. As a condition of access to the Mobile Application, you agree to keep all information arising out of your use confidential, including, but not limited to, User Identification, and any and all information not available to the general public, and to not disclose to any third party. You also agree to take commercially reasonable actions to ensure the continued privacy and confidentiality of such information. Furthermore, you agree to take commercially reasonable measures to ensure that only properly authorized employees of your Business, who shall be limited to those employees that require access to properly perform the functions of their employment, may access the Mobile Application. In the event of a breach or a threatened breach of this provision, the Company will be entitled to an injunction restraining such breach or threatened breach without having to prove actual damages. Any injunctive relief that the Company may obtain shall be in addition to all rights and remedies available at law and equity.

    The Company maintains the privacy and confidentiality of the information that it receives in connection with the operation of this Mobile Application and utilizes reasonable security methods to guard against the inadvertent or mistaken disclosure of such information; however, the Company does not guarantee or warrant against any disclosure, or make any representations regarding the security of the Mobile Application, or the information collected. The Company will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.

  5. Intellectual Property. You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Application (“Software”) only on a mobile device that you own or control and as expressly permitted herein. Certain Software that the Company uses to provide the Mobile Application has been licensed from third parties (each a “Third Party Licensor”) that is not affiliated with the Company. This limited right to use the Software is revocable in the discretion of the Company and its Third Party Licensors retain all right, title and interest in and to the Mobile Application and any modifications and updates thereto. You agree not to decompile or reverse engineer the Software. All rights not expressly granted to you herein are reserved. You agree that the use of the Mobile Application does not grant you any ownership, right, title or interest in any trademark, copyright, information, or other intellectual property. No copyright, trademark or other intellectual property utilized on this Mobile Application may be used without the advance written permission of the Company.

  6. Disclaimer. The Mobile Application is provided “as-is” and without warranty. You acknowledge and agree that from time to time, the Mobile Application service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of the Company, including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the Eligible Mobile Device to access the wireless web, or any interruption, disruption or failure in the provision of the service, whether caused by strikes, power failures, equipment malfunctions or other reasons. The Company, its affiliates and any Third Party Licensor shall not be liable for any claim arising from or related to the Mobile Application service arising from any such delay, interruption, disruption or similar failure. In no event will the Company or any affiliate or Third Party Licensor be liable for indirect, consequential or special damages, including lost profits, arising from your use of the Mobile Application service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

    The Company and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Mobile Application service or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Mobile Application service or Software.

    The Company does not warrant or represent that the Mobile Application will be accessible at all times or that the information contained therein is current. The Mobile Application is provided only for the convenience and information of the Company's customers, suppliers and affiliates and is not provided as a guarantee or warranty. In the event that information provided on this Mobile Application is inaccurate, you should contact your customer service representative or sales person within the Company immediately.

  7. Limitation of Liability. THE COMPANY, INCLUDING ANY OF ITS SUBSIDIARIES, PARENT ENTITIES, JOINT VENTURES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES (COLLECTIVELY “AFFILIATES”) AND THIRD PARTY VENDORS, SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES, LOSS OR OTHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MOBILE APPLICATION. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, DAMAGE TO PROPERTY OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE, ACCESS, COPYING, OR DISPLAY OF THIS MOBILE APPLICATION, REGARDLESS OF WHETHER HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY THEREOF.

  8. Governing Law and Jurisdiction. These terms and conditions shall be governed by and construed under the laws of the State of Ohio without regard to conflict of laws principles. Any actions or claims arising out of the use of this Mobile Application shall be commenced in the state or federal courts located in Toledo, Ohio. By using this Mobile Application, you agree to submit to the jurisdiction of the state and federal courts located in Toledo, Ohio and waive any claim that venue is improper for any reason.

  9. Severability. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the offending provision shall be severed and such finding shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

  10. Waiver. The failure of the Company to exercise or enforce any right or condition of these Terms and Conditions shall not constitute a waiver by the Company of such right or condition or of any right or condition in the future.

  11. Compliance with Law. You agree that you will not use the Mobile Application or any services related thereto for any purposes prohibited by United States law will not use or otherwise export or re-export the Software, except as authorized by United States law. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.