Legal Notices and Terms of Use

 

THIS WEB SITE IS PROVIDED BY STERLING CHEMICALS, INC. ("STERLING") FOR INFORMATIONAL PURPOSES ONLY AND IS GIVEN AS OF MAY 1, 2009. STERLING PROVIDES THE INFORMATION AND SERVICES ON THIS WEB SITE TO YOU, THE USER, CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS CONTAINED BELOW AND ELSEWHERE WITHIN THIS WEB SITE (THE “TERMS OF USE”) AND WITH THE UNDERSTANDING THAT NEITHER STERLING NOR ITS REPRESENTATIVES ARE ENGAGED IN RENDERING LEGAL SERVICES OR OTHER SUCH ADVICE. BY ACCESSING OR USING THIS WEB SITE, OR BY DOWNLOADING MATERIALS FROM THIS WEB SITE, YOU AGREE TO ABIDE AND BE BOUND BY THE TERMS OF USE. USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND NOTICES THAT MAY APPEAR THROUGHOUT THE SITE. IF YOU DO NOT AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS WEB SITE.

1. GENERAL: Sterling reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes will be effective when notice of such change is posted to this Web Site. Your continued use of this Web Site after any changes are posted will be considered acceptance of those changes. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.

2. DISCLAIMER OF WARRANTIES: ALTHOUGH THE INFORMATION AND RECOMMENDATIONS AT THIS WEB SITE ARE PRESENTED IN GOOD FAITH AND ARE BELIEVED TO BE CORRECT, SUCH INFORMATION AND RECOMMENDATIONS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS AND MAY NOT BE UP-TO-DATE. STERLING DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEB SITE OR ANY LINKED WEB SITE. INFORMATION CONTAINED AT THIS WEB SITE IS SUPPLIED ON THE CONDITION THAT THE PERSONS RECEIVING THE SAME WILL MAKE THEIR OWN DETERMINATION AS TO ITS SUITABILITY FOR THEIR PURPOSES PRIOR TO ITS USE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM OR INFORMATION AT THIS WEB SITE SHALL BE AT YOUR SOLE RISK. STERLING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEB SITE AT ANY TIME, WITH OR WITHOUT NOTICE. STERLING MAY MAKE ANY OTHER CHANGES TO THIS WEB SITE AND THE INFORMATION CONTAINED AT THIS WEB SITE AT ANY TIME WITHOUT NOTICE. HOWEVER, STERLING MAKES NO COMMITMENT TO UPDATE OR CORRECT THIS WEB SITE OR ANY INFORMATION THAT APPEARS AT THIS WEB SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE INFORMATION OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OF ANY OTHER NATURE IS MADE HEREUNDER WITH RESPECT TO THE INFORMATION CONTAINED AT THIS WEB SITE OR ANY PRODUCT TO WHICH SUCH INFORMATION REFERS. IN NO EVENT SHALL STERLING OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF (OR THE INABILITY TO USE) OR RELIANCE ON THE CONTENT, MATERIALS AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE OR ANY PRODUCT TO WHICH SUCH INFORMATION REFERS, EVEN IF STERLING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. FORWARD-LOOKING STATEMENTS: The information at this Web Site relating to matters that are not historical facts constitutes forward-looking information covered by the safe harbor created by Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. The forward-looking information is based upon current information and expectations regarding Sterling and its subsidiaries. The estimates, forecasts and statements contained in or implied by the forward-looking information speak only as of the date on which they are made, are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to evaluate and predict. Therefore, actual outcomes and results could materially differ from what is expressed, implied or forecasted by or in the forward-looking information. Important factors that could cause actual results to differ materially from what is expressed, implied or forecasted by or in the forward-looking information are discussed in Sterling’s filings with the U.S. Securities and Exchange Commission ("SEC"), including Sterling’s Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Sterling assumes no obligation to update the information contained at this Web Site.

4. NO UNLAWFUL OR PROHIBITED USE: Sterling may use this Web Site to provide certain information about our operations (the "Information"). Sterling grants you access to this Web Site solely to receive the Information. You may access, download print, copy and distribute and modify materials as necessary to receive the Information. As a condition of your use of this Web Site, you warrant to Sterling that you will not use this Web Site for any purpose that is unlawful or prohibited by the Terms of Use. If you violate any of the Terms of Use, your permission to use this Web Site automatically terminates. You may not without the prior written permission of Sterling use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data or content found on this Web Site or accessed through this Web Site. You may not license, create derivative works from, frame in another web page, use on any other web site or sell any information, databases or lists obtained from this Web Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Site without Sterling's prior written permission. You will comply with all privacy laws.

5. PROPRIETARY RIGHTS: THE NAME “STERLING CHEMICALS,” THE “S” LOGO AND OTHER LOGOS, PRODUCT AND SERVICE NAMES ARE TRADEMARKS AND SERVICE MARKS OWNED BY STERLING (THE "MARKS"). WITHOUT THE PRIOR WRITTEN PERMISSION OF STERLING, YOU AGREE NOT TO DISPLAY OR USE IN ANY MANNER, THE MARKS. All other trademarks appearing on this Web Site are the property of their respective owners. All materials on this Web Site (as well as the organization and layout of this Web Site) are owned and copyrighted, licensed by or used with permission that is granted to Sterling. No reproduction, distribution or transmission of the copyrighted materials at this Web Site is permitted without the prior written permission of Sterling.

6. LINKS TO OTHER MATERIALS: As a convenience to you, Sterling may provide on this Web Site links to other web sites (the "linked sites") that are operated by other entities. The linked sites are not under the control of Sterling and Sterling is not responsible for the content of any linked site or any link contained in a linked site. Sterling reserves the right to terminate any link or linking program at any time. Inclusion of hyperlinks by Sterling to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. If you decide to access any of the third party sites linked to this Web Site, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. [In addition, Sterling’s privacy policy is applicable only when you are on this Web Site. Once linked to another web site, you should read that web site's privacy policy before disclosing any personal information.]

7. SEC FILINGS: You can review the filings Sterling has made with the SEC by linking directly to EDGAR, a database maintained by the SEC. EDGAR is the Electronic Data Gathering, Analysis, and Retrieval system and “EDGAR” is a federally registered trademark of the SEC. EDGAR is not part of this Web Site and the link to EDGAR does not mean that Sterling endorses or accepts any responsibility for the content, or the use, of EDGAR. The EDGAR link is provided for information purposes only, and is not intended for trading or investment purposes. Sterling does not guarantee the sequence, accuracy or completeness of any information or data displayed through EDGAR, nor shall Sterling be liable in any way to you or to any other person or entity whatsoever for any delays, inaccuracies, errors in or omission of any such information or data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby or by reason of nonperformance or interruption, or termination, of the information or data for any cause whatsoever. Sterling does not assume any duty of disclosure beyond that which is imposed by law, and expressly disclaims any duty to update any information set forth in its filings with the SEC. The reader should note that Sterling's periodic reports filed with the SEC include the disclosure therein of certain factors which may affect Sterling's future performance. Individual statements appearing in Sterling's SEC filings are intended to be read in conjunction with and in the context of the complete documents in which they appear, including any documents incorporated therein by reference thereto, rather than as stand-alone statements.

8. SECURITIES: WE ARE NOT PROVIDING INVESTMENT ADVICE THROUGH THIS WEB SITE, AND THE MATERIAL ON THIS WEB SITE DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY ANY SECURITIES OF STERLING OR ANY OF ITS SUBSIDIARIES. Investors considering purchasing any security of Sterling or any of its subsidiaries should consult their own financial and legal advisors for information about such security, the risks and investment considerations arising from an investment in such security, the appropriate tools to analyze such investment, and the suitability of such investment in each investor's particular circumstances.

9. MISCELLANEOUS: This Web Site is controlled by Sterling from its offices within the United States of America. Sterling makes no representation that information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from countries or territories where the Web Site's content is illegal is prohibited. If you access this Web Site from outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local laws. THE TERMS OF USE ARE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. No amendment, modification, restatement or supplement of the Terms of Use shall be valid unless the same is in writing and signed by Sterling. No waiver of any provision of the Terms of Use shall be valid unless in writing and signed by Sterling. No failure or delay on the part of Sterling in exercising any right, power or privilege under the Terms of Use shall operate as a waiver of any right, power or privilege of Sterling under the Terms of Use. No single or partial exercise by Sterling of any right, power or privilege under the Terms of Use shall preclude any other or further exercise by Sterling thereof or the exercise by Sterling of any other right, power or privilege under the Terms of Use. No notice to or demand on you in any case shall entitle you to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Sterling to any other or further action in any circumstances without notice or demand. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. You hereby irrevocably and unconditionally submit for yourself and your property in any legal action or proceeding relating to this Web Site or the Terms of Use, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of any state or federal court of competent jurisdiction sitting in Harris County, Texas. Any litigation based on this Web Site or the Terms of Use, or arising out of, under, or in connection with, this Web Site or the Terms of Use, shall be brought and maintained exclusively in the courts of Harris County, Texas. You hereby expressly and irrevocably submit to the jurisdiction of the courts of the State of Texas and of the United States of America sitting in Harris County, Texas for the purpose of any such litigation. You hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which you may have or hereafter may have to the laying of venue of any such litigation brought in any such court referred to above and any claim that any such litigation has been brought in an inconvenient forum. YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) BASED ON THIS WEB SITE OR THE TERMS OF USE, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS WEB SITE OR THE TERMS OF USE. Should any clause, sentence, paragraph, subsection or section of the Terms of Use be judicially declared to be invalid, unenforceable or void, such decision will not have the effect of invalidating or voiding the remainder of the Terms of Use, and you agree that the part or parts of the Terms of Use so held to be invalid, unenforceable or void will be deemed to have been stricken therefrom as if such stricken part or parts had never been included in the Terms of Use.