Terms & Conditions
1. ACCEPTANCE OF THE TERMS OF USE
These TERMS OF USE regulate the use of the site www.gerdau.com (""SITE"") and of the contents (""CONTENTS""), which GERDAU S.A., a private corporation, (""GERDAU"") makes available to users of the SITE (""USERS"").
By using this SITE, the USER accepts these TERMS OF USE in the form which is current at the moment of use. It is the responsibility of the USER to be familiar with the TERMS OF USE.
These TERMS OF USE are taken to include any notice, rule or instruction which GERDAU may bring to the attention of the USER from time to time.
2. PURPOSE
Through the SITE, GERDAU gives the USERS access to a range of CONTENTS. GERDAU reserves the right, at its sole discretion, at any time, without notice, to make alterations to such CONTENTS and these TERMS OF USE.
3. CONDITIONS OF ACCESS AND USE OF THIS SITE
3.1. USE OF THE SITE AND ITS CONTENTS IS THE SOLE RESPONSIBILITY OF THE USER
The USER recognizes and voluntarily agrees that the use of this SITE and its CONTENTS is always and solely the responsibility of the USER.
3.2 USE OF THE SITE AND ITS CONTENTS
The USER agrees to use the SITE and its CONTENTS in accordance with the law and with these TERMS OF USE, and in good faith. The USER agrees not to use the SITE and its CONTENTS in any way that is harmful to the rights and interests of third parties, or in any way that may damage, overload, or render unusable the SITE and its CONTENTS.
The USER agrees not to use any unauthorized means to obtain drawings, data, graphs, messages, sound or image files, photographs, recordings, programs, or any other type of material accessible through the SITE and its CONTENTS.
The USER agrees to use the CONTENTS only in a legitimate way, and, in addition,: not to copy, distribute, modify, or republish in any way these CONTENTS, without the prior written permission of GERDAU or of the relevant third party; not to remove or manipulate any trade mark, copyright notice or other proprietary notice which serves to identify the rights of GERDAU or the rights of third parties incorporated in the site and its CONTENTS.
4. INFORMATION ABOUT PRODUCTS, TECHNICAL CHARACTERISTICS AND DIRECTIONS FOR USE
The directions, information and technical characteristics found on the SITE are solely for the general orientation of USERS. For the execution of any structural or other work which makes use of the products described on this SITE, GERDAU always recommends the hiring of appropriately skilled professional assistance.
5. USE OF HYPERLINKS
Any USER or any person who intends to insert a hyperlink between their site or page and any of the pages of this SITE must observe the following conditions: the hyperlink shall only permit access to the pages of the SITE and to its CONTENTS, and will not permit their reproduction in any form; the site in which the hyperlink is inserted shall not make false, incorrect or inexact representations about the SITE and its CONTENTS, neither shall it be expressed or implied that GERDAU has authorized or suggested the insertion of the hyperlink, or has in any way supervised or endorsed the contents or services offered or made available in the pages in which the hyperlink is inserted; excluding such symbols as form part of the hyperlink, the page in which it is inserted shall not contain any trade mark, symbol, trade name or business name belonging to GERDAU; in the same way, the page in which the hyperlink is inserted shall not contain information or content which is unlawful or which violates the rights of third parties in bad faith.
The insertion of such a hyperlink does not imply the existence of any relationship between GERDAU and the owner of the page in which it is inserted. Neither does it imply the acceptance or approval by GERDAU of the services, contents or any other characteristic of that page, whether they are made available to the public or not.
6. SCHAT ROOMS
The USER agrees to use those services which, by their nature, permit the USER to introduce material into the SITE and make it available to other USERs, such as, for example, the CHAT services, in accordance with the law and with these TERMS OF USE, and in good faith.
The CHAT service is available in the Investor Relations area. The information required to register for the use of the CHAT, consisting of the name of the USER and a nickname to be used during the CHAT, has the sole purpose of identifying the USERs in the CHAT room, and is therefore not used for any other purpose.
Although the technical CHATS have the aim of providing the USERS with additional information, GERDAU nonetheless accepts no responsibility for any statement, advice or other type of information published, expressed or otherwise placed at the disposal of USERS in these CHATS.
Furthermore, the USER agrees not to transmit or make available to third parties by means of the CHAT, any material which: is in any way illegal or contravenes any fundamental rights or public freedoms; is inaccurate, false, ambiguous or untimely, in such a way as may cause error as regards its aims or the intentions of the USER in publishing it; violates any rights of intellectual or industrial property, of business secrets or of any communication belonging to a third party; constitutes illicit, unfair or misleading publicity, or unfair competition; contains a virus or any other physical or electronic component which may cause damage to or impede the normal functioning of the computer systems, networks, equipment or programs of third parties, or which may cause damage to the electronic documents and files stored in such equipment.
GERDAU is not obligated to control, and does not control, the material transmitted or made available to third parties by USERS through the CHATS. GERDAU nonetheless reserves the right, at its sole discretion, at any time, without notice, on its own initiative or at the request of a third party, to revise such material, or to impede such transmission or availability in case of failure to comply with these TERMS OF USE.
7. PERSONAL INFORMATION
In order to use certain CONTENTS, such as, for example, those in the sections ""Contacts"" and ?Contact IR?, the CHATS, USERS are required to first provide GERDAU with certain personal information. GERDAU will handle such information by automated means, as described in the PRIVACY POLICY, available through the link on the SITE's home page.
8. USE OF COOKIES
GERDAU makes use of small text files known as COOKIEs when a USER accesses the SITE. As described in the PRIVACY POLICY, these COOKIEs are not able to read data from the USER's hard disc, neither are they able to read other COOKIEs. GERDAU's COOKIEs are associated anonymously with the USER's computer, and have no link with the name or surname of the USER.
By means of COOKIES, GERDAU is able to recognize the computer of a USER who has registered on a previous visit to the SITE, thus eliminating the need for a new registration with each visit.
Browsers can be configured to issue an alert at the moment when they are about to receive a COOKIE, giving the USER the option of not accepting it. Information about such configuration is available in the browser manual. It is not necessary to allow the installation of COOKIES to be able to use the SITE and its CONTENTS.
9. DISCLAIMER
9.1 AVAILABILITY AND CONTINUITY OF THE SITE AND ITS CONTENTS
For technical and operational reasons, GERDAU cannot and does not guarantee the continued availability of the SITE.
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from the unavailability of the SITE.
9.2 PRIVACY AND SECURITY OF THE SITE AND ITS CONTENTS
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from the knowledge which unauthorized third parties may have of the nature or circumstances of the USER's use of the SITE.
9.3 VIRUSES AND OTHER HARMFUL ELEMENTS IN THE CONTENTS
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from viruses or other harmful components in the CONTENTS which may cause alterations or damage to the equipment or programs of the USER.
9.4 TRUSTWORTHINESS AND USEFULNESS OF THE SITE AND ITS CONTENTS
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from: any infringement of the rights of third parties as a result of the transmission, diffusion, storage, availability, reception, acquisition or use of the SITE or its CONTENTS, including, but not limited to, rights to intellectual, industrial or other property, to business secrets, to contractual obligations of any type, and to the honor and good name of any person; the transmission, diffusion, storage, availability, reception, acquisition or use of the CONTENTS, and especially, but not exclusively, from any non-compliance with the law or act of bad faith as a result of the transmission, diffusion, storage, availability, reception, acquisition or use of the SITE or its CONTENTS; any lack of fitness for any particular purpose of, or frustration of any expectation generated by the SITE; any lack of accuracy, relevance or timeliness of the SITE or of its CONTENTS, or from their unavailability or removal; any act of unfair competition or illicit publicity which results from the transmission, diffusion, storage, availability, reception, acquisition or use of the SITE or its CONTENTS; any non-fulfillment, delay, defectiveness or cancellation for any reason of the obligations contracted and contracts agreed to by third parties through or with the motive of accessing the SITE or its CONTENTS; any failing of any kind in the services offered by third parties through the SITE.
9.5 ACCURACY, SCOPE AND TIMELINESS
GERDAU does not guarantee the accuracy, the scope or the timeliness of the CONTENTS. GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from any lack of accuracy, scope or timeliness of the CONTENTS.
9.6 SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from services provided by third parties through the SITE, and in particular for any harm, damage or lost profit of any nature which may result from: the existence of any virus or other harmful component in the services offered by third parties, which may cause alterations or damage to the equipment or programs of the USER; any infringement of the rights of third parties as a result of the services provided by third parties through the SITE, including, but not limited to, rights to intellectual, industrial or other property, to business secrets, to contractual obligations of any type, and to the honor and good name of any person; any non-compliance with the law or act of bad faith as a result of the services provided by third parties through the SITE; any lack of fitness for any particular purpose of, or frustration of any expectation generated by the services provided by third parties through the SITE; any lack of accuracy, relevance or timeliness of the contents transmitted, stored, received, obtained or made available or accessible through the services provided by third parties through the SITE, or from the unavailability or removal of such services; any act of unfair competition or illicit publicity which results from the services provided by third parties through the SITE; any non-fulfillment, delay, defectiveness or cancellation for any reason of the obligations contracted and contracts agreed to by third parties through or with the motive of offering services through the site; any failing of any kind in the services offered by third parties through the SITE. specifically concerning Dow Jones Stock Quotes presented in the Investor Relations Section, refer to the Terms and Conditions of use of Dow Jones Indexes by accessing and using the data related to Dow Jones Indexes through the link http://www.djindexes.com/html/tandc/indexestandcs.html
As a consequence of the rights of third parties over the services they offer, the partial or total reproduction by USERS of any content related to services offered by third parties is expressly prohibited.
9.7 SERVICES AND CONTENTS HOSTED ON THIRD PARTY SITES
The site contains links which permit USERS to access sites of third parties. The presence of such links has the sole aim of simplifying the search for information, and does not imply the existence of any relationship between GERDAU and the owners of such sites.
GERDAU does not supervise or endorse the services, information, data, files, products or material of any kind to be found on third party sites.
GERDAU shall not be liable for any harm, damage or lost profit of any nature which may result from: the functioning, availability, accessibility or continuity of third party sites; the maintenance of the services, information, data, files, products or material of any kind to be found on third party sites; the provision or transmission of the services, information, data, files, products or material of any kind to be found on third party sites; the quality, usefulness, trustworthiness or legality of the services, information, data, files, products or material of any kind to be found on third party sites.
9.8 USE OF THE SITE, ITS SERVICES AND CONTENTS
GERDAU does not guarantee that USERS will use the site, its services and its CONTENTS in accordance with the law and with these TERMS OF USE, and in good faith.
GERDAU is not obliged to verify the identity of USERS, nor the truthfulness, timeliness, scope or authenticity of the information which the USERs provide about themselves to other USERS.
GERDAU shall therefore not be liable for any harm, damage or lost profit of any nature which may result from the use of the services and CONTENTS, or which may result from any absence of truthfulness, timeliness, scope or authenticity of the information which the USERs provide about themselves to other USERS.
10. NON-EXISTENCE OF LICENSE
GERDAU does not concede any form of license or authorization for the use of any of its rights to intellectual or industrial property or to business secrets, or for the use of any other property or right related to the SITE or its CONTENTS.
11. REFUSAL AND REVOCATION OF ACCESS TO THE SITE AND ITS CONTENTS
GERDAU reserves the right, at its sole discretion, at any time, without notice, on its own initiative or at the request of a third party, to refuse or revoke the access to the SITE and/or its contents of any USER who fails to comply with these TERMS OF USE, or whose behavior in any way results or may result in illegal activities.
12. DURATION AND CONCLUSION
The publication of the SITE and its CONTENTS is for an indefinite period. GERDAU may, however, at any time, and without notice, suspend or interrupt the publication and/or availability of the SITE and its CONTENTS.
13. APPLICABLE LAW AND JURISDICTION
These TERMS OF USE shall be governed by the laws of Brazil. Both GERDAU and the USER acknowledge and accept the election of the District Court of Porto Alegre, State of Rio Grande do Sul, Brazil, as the competent court to settle any disputes which may arise in connection with these TERMS OF USE, and renounce any other Court which is now or may become privileged.