Esmark, Inc. Terms of Use

Effective Date: January 14, 2026

These Terms of Use (“Terms”) govern your access to and use of the websites, microsites, mobile versions of these websites, and online services operated by Esmark, Inc. and its affiliates that link to or display these Terms (collectively, the “Site”).

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Site.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any additional terms and conditions that may apply to specific sections of the Site or to particular content or transactions you engage in through the Site.

If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity.

2. Changes to These Terms

Esmark may update or modify these Terms from time to time in its discretion. Any changes will be effective when posted on the Site with an updated “Effective Date.” Your continued use of the Site after any changes to the Terms constitutes your acceptance of the revised Terms.

3. Eligibility

The Site is intended for users who are at least 18 years of age or the age of majority in their jurisdiction. By using the Site, you represent and warrant that you meet this requirement. The Site is not directed to children under 16 years of age.

4. Use of the Site

Subject to your compliance with these Terms, Esmark grants you a limited, non exclusive, non transferable, non sublicensable license to access and use the Site for lawful purposes and for your internal, non commercial use.

You agree that you will not:

  • Use the Site in any manner that violates any applicable law or regulation
  • Use the Site to engage in fraudulent, deceptive, or misleading activities
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available
  • Use any automated device, program, algorithm, script, or methodology to access, acquire, copy, or monitor any portion of the Site
  • Reverse engineer, decompile, or disassemble any portion of the Site, except to the limited extent permitted by applicable law
  • Use the Site in a manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site
    Esmark reserves the right to suspend or terminate your access to the Site at any time and for any reason, including if we reasonably believe that you have violated these Terms.

5. Accounts and Security

Certain features of the Site may require you to create an account or provide registration details. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your information
  • Maintain the confidentiality of your login credentials
  • Notify Esmark promptly of any unauthorized use of your account or any other breach of security

You are responsible for all activities that occur under your account.

6. Intellectual Property

All content and materials on the Site, including text, graphics, logos, icons, images, audio and video clips, software, and the design, structure, and arrangement of such content (collectively, the “Content”) are owned by or licensed to Esmark and are protected by copyright, trademark, and other intellectual property laws.

Without Esmark’s prior written permission, you may not:

  • Reproduce, distribute, modify, adapt, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content, except as necessary for your personal, non commercial use and in connection with your permitted use of the Site
  • Use any trademarks, service marks, trade names, logos, or trade dress of Esmark or its affiliates in any manner that is likely to cause confusion or that disparages or discredits Esmark

All rights not expressly granted in these Terms are reserved by Esmark.

7. User Submissions and Feedback

The Site may allow you to submit or upload content, including messages, comments, reviews, ideas, suggestions, or other materials (“User Content”).

By submitting User Content, you represent and warrant that:

  • You own or control all rights in and to the User Content
  • The User Content does not violate any law or the rights of any third party

By submitting User Content to the Site or to Esmark, you grant Esmark and its affiliates a worldwide, royalty free, perpetual, irrevocable, non exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and otherwise exploit such User Content, in whole or in part, in any form, media, or technology now known or later developed, for any business purpose, without compensation to you.

Esmark is not responsible for and does not endorse any User Content. Esmark may, but is not obligated to, monitor, review, or remove User Content in its discretion.

If you provide Esmark with any feedback or suggestions regarding the Site or Esmark’s products or services (“Feedback”), you agree that Esmark is free to use such Feedback for any purpose without restriction and without compensation to you.

8. Prohibited Conduct

In addition to the restrictions set forth elsewhere in these Terms, you agree that you will not:

  • Upload, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment
  • Use the Site for any advertising, promotional, or commercial purposes not expressly permitted by these Terms or by Esmark in writing, which permission may be withheld in Esmark’s sole discretion

9. Third Party Links and Services

The Site may contain links to third party websites, services, or resources (“Third Party Services”) that are not owned or controlled by Esmark. These links are provided for convenience only.

Esmark does not endorse and is not responsible for the content, products, services, or practices of any Third Party Services. Your use of Third Party Services is at your own risk and subject to the terms and policies of those third parties.

10. No Investment, Financial, or Legal Advice

The information on the Site is provided for general informational purposes only and does not constitute investment, financial, legal, or other professional advice.

You should not rely upon any information on the Site for making business, investment, or other decisions. You are solely responsible for obtaining independent advice from qualified professionals.

11. Forward Looking Statements

The Site may contain forward looking statements regarding Esmark, its affiliates, or its portfolio companies. These statements are based on current expectations and assumptions that are subject to risks and uncertainties. Actual results may differ materially from those expressed or implied in any forward looking statements. Esmark undertakes no obligation to update any forward looking statements.

12. Disclaimer of Warranties

The Site and all Content and services available through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by law, Esmark disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement.

Without limiting the foregoing, Esmark does not warrant that:

  • The Site will be available, uninterrupted, secure, or error free
  • The Site or any Content will be accurate, complete, reliable, current, or free of harmful components
  • Any defects or errors will be corrected

YOU USE THE SITE AT YOUR OWN RISK.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will Esmark, its affiliates, or their respective directors, officers, employees, or agents be liable for any:

  • Indirect, incidental, consequential, special, exemplary, or punitive damages
  • Loss of profits, revenues, business, data, goodwill, or other intangible losses

Arising out of or in connection with your use of or inability to use the Site, any Content, or any Third Party Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Esmark has been advised of the possibility of such damages.

To the fullest extent permitted by law, Esmark’s total liability to you for any claims arising out of or relating to the Site or these Terms will not exceed one hundred United States dollars (USD $100.00).

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Esmark, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees including reasonable attorneys’ fees arising out of or related to:

  • Your use of or access to the Site
  • Your violation of these Terms
  • Your violation of any rights of any third party
  • Any User Content you submit, upload, post, or otherwise provide

Esmark reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Esmark in the defense of any such claims.

15. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules.

You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in or serving Allegheny County, Pennsylvania, and you consent to the personal jurisdiction and venue of those courts.

16. International Use

If you access the Site from outside the United States, you are responsible for compliance with all local laws and regulations that may apply to your use of the Site.

Esmark makes no representation that the Site or any Content is appropriate or available for use in locations outside the United States.

17. Termination

Esmark may, in its sole discretion and without notice, suspend, restrict, or terminate your access to all or any part of the Site for any reason or no reason, including if Esmark believes that you have violated these Terms or applicable law.

Upon termination, the rights and licenses granted to you under these Terms will immediately cease, but the following sections will survive: Intellectual Property, User Submissions and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and any other provision that by its nature should survive termination.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms and conditions that may apply to specific features or services, constitute the entire agreement between you and Esmark regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Esmark regarding the Site.

19. Severability

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

20. Waiver

No waiver by Esmark of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Esmark to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

21. Contact Information

If you have any questions or comments about these Terms or the Site, please contact Esmark at:

Esmark, Inc.
Attn: Legal / Terms of Use
100 Hazel Lane, Suite 300
Sewickley, Pennsylvania 15143

Phone: (412) 259-8868

Email: katie.regan@esmark.com