Terms of Use
NYSE HSC: 24.35 0.15
as of 9/2/2014 5:30 PM

Terms of Use

 

Attention: Please Read These Terms, Conditions And Legal Restrictions Carefully Before Using This Web Site.

By accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by these Terms of Use (the "Agreement") and all other terms, conditions and notices contained or referenced in the Site. This Site is owned and operated by Harsco Corporation (as referred to herein as "Harsco" or the "Company").

1. Binding Agreement

Use of this Site is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Site. Please note that by accessing, viewing, using, or downloading materials from the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

2. Use of Information

Requests for permission to reproduce any information contained on this Site should be addressed to Harsco at info@harsco.com or the following mailing address:

Harsco Corporation
Office of Corporate Communications
350 Poplar Church Road
Camp Hill, PA 17011 USA

Notwithstanding the above, Harsco authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.

This license does not include the right to modify this Site, or any portion of it, except with the express written consent of Harsco. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is prohibited without the express written consent of Harsco.

You agree to use this Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.

Harsco reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.

3. Forward-Looking Statements

THE NATURE OF THE COMPANY'S BUSINESS AND THE MANY COUNTRIES IN WHICH IT OPERATES SUBJECT IT TO CHANGING ECONOMIC, COMPETITIVE, REGULATORY AND TECHNOLOGICAL CONDITIONS, RISKS AND UNCERTAINTIES. IN ACCORDANCE WITH THE "SAFE HARBOR" PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. FORWARD-LOOKING STATEMENTS CONTAINED HEREIN COULD INCLUDE AMONG OTHER THINGS, STATEMENTS ABOUT OUR MANAGEMENT CONFIDENCE AND STRATEGIES FOR PERFORMANCE; EXPECTATIONS FOR NEW AND EXISTING PRODUCTS, TECHNOLOGIES, AND OPPORTUNITIES; AND EXPECTATIONS REGARDING GROWTH, SALES, CASH FLOWS, EARNINGS AND ECONOMIC VALUE ADDED (EVA®). THESE STATEMENTS CAN BE IDENTIFIED BY THE USE OF SUCH TERMS AS "MAY," "COULD," "EXPECT," "ANTICIPATE," "INTEND," "BELIEVE," OR OTHER COMPARABLE TERMS.

FACTORS WHICH COULD CAUSE RESULTS TO DIFFER INCLUDE, BUT ARE NOT LIMITED TO: (1) CHANGES IN THE WORLDWIDE BUSINESS ENVIRONMENT IN WHICH THE COMPANY OPERATES, INCLUDING GENERAL ECONOMIC CONDITIONS; (2) CHANGES IN CURRENCY EXCHANGE RATES, INTEREST RATES AND CAPITAL COSTS; (3) CHANGES IN THE PERFORMANCE OF STOCK AND BOND MARKETS THAT COULD AFFECT, AMONG OTHER THINGS, THE VALUATION OF THE ASSETS IN THE COMPANY'S PENSION PLANS AND THE ACCOUNTING FOR PENSION ASSETS, LIABILITIES AND EXPENSES; (4) CHANGES IN GOVERNMENTAL LAWS AND REGULATIONS, INCLUDING ENVIRONMENTAL, TAX AND IMPORT TARIFF STANDARDS; (5) MARKET AND COMPETITIVE CHANGES, INCLUDING PRICING PRESSURES, MARKET DEMAND AND ACCEPTANCE FOR NEW PRODUCTS, SERVICES AND TECHNOLOGIES; (6) UNFORESEEN BUSINESS DISRUPTIONS IN ONE OR MORE OF THE MANY COUNTRIES IN WHICH THE COMPANY OPERATES DUE TO POLITICAL INSTABILITY, CIVIL DISOBEDIENCE, ARMED HOSTILITIES OR OTHER CALAMITIES; (7) THE SEASONAL NATURE OF THE BUSINESS; (8) THE INTEGRATION OF THE COMPANY'S STRATEGIC ACQUISITIONS; (9) THE AMOUNT AND TIMING OF REPURCHASES OF THE COMPANY'S COMMON STOCK, IF ANY; (10) THE CURRENT GLOBAL FINANCIAL AND CREDIT CRISIS, WHICH COULD RESULT IN OUR CUSTOMERS CURTAILING DEVELOPMENT PROJECTS, CONSTRUCTION, PRODUCTION AND CAPITAL EXPENDITURES, WHICH, IN TURN, COULD REDUCE THE DEMAND FOR OUR PRODUCTS AND SERVICES AND, ACCORDINGLY, OUR SALES, MARGINS AND PROFITABILITY; (11) THE FINANCIAL CONDITION OF OUR CUSTOMERS, INCLUDING THE ABILITY OF CUSTOMERS (ESPECIALLY THOSE THAT MAY BE HIGHLY LEVERAGED AND THOSE WITH INADEQUATE LIQUIDITY) TO MAINTAIN THEIR CREDIT AVAILABILITY; AND (12) OTHER RISK FACTORS LISTED FROM TIME TO TIME IN THE COMPANY'S SEC REPORTS. A FURTHER DISCUSSION OF THESE, ALONG WITH OTHER POTENTIAL FACTORS, CAN BE FOUND IN PART I, ITEM 1A, "RISK FACTORS," OF THE COMPANY'S ANNUAL REPORT FILED ON FORM 10-K. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY TO UPDATE FORWARD-LOOKING STATEMENTS EXCEPT AS MAY BE REQUIRED BY LAW.

4. Legal Entity Disclaimer

The terms and descriptions contained in this site are not intended to alter or otherwise affect the independent legal entity status of Harsco Corporation and its subsidiary corporations or alter or otherwise affect the ownership and reporting relationship of unincorporated operating divisions.

5. Links to Affiliate or Third-Party Sites

Harsco may provide on this Site, solely as a convenience to users, links to web sites operated by our affiliates or other entities. If you use these sites, you may leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Harsco does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Harsco is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with Harsco or is authorized to use any trademark, trade name, logo or copyright symbol of Harsco.

6. Third-Party Content

Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not Harsco. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.

7. Unsolicited Information Provided by You

Harsco does not want you to, and you should not, send any confidential or proprietary information to Harsco through this Site unless specifically requested by Harsco. Please note that any unsolicited information or material sent to Harsco will be deemed not to be confidential or proprietary. By submitting information and material through this Site, you grant to Harsco (or warrant that the owner of such information and material has expressly granted to Harsco) a royalty-free, perpetual, irrevocable, and unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Harsco is free to use any ideas, concepts, know-how or techniques that you send to Harsco for any purpose.

You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

8. Notice of Copyright Infringement

We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Harsco Corporation, Office of Corporate Communications with the following information:

  1. identification of the copyrighted work claimed to have been infringed;
  2. identification of the allegedly infringing material on the Site that is requested to be removed;
  3. your name, address and daytime telephone number, and an e-mail address if available, so that Harsco may contact you if necessary;
  4. a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
  5. a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  6. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at info@harsco.com or the mailing address noted above.

If Harsco is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. Harsco has no liability or responsibility to users for performance or nonperformance of such activities.

9. Limitation of Liability

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.

UNDER NO CIRCUMSTANCES WILL HARSCO OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HARSCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HARSCO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

10. Changes

All content contained herein is subject to change without notice, but Harsco has no responsibility to update any information on this Site. Harsco reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site.

11. Disputes, Arbitration and Effect of Invalidity

By accessing this web site and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods and services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. Section 201-208). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Camp Hill, PA, USA. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.

12. Copyright

This Site, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Harsco does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of Harsco or of any third party.

13. Copyright Notice

All Web Site design, text, graphics and the selection and arrangement thereof, are the property of Harsco.

14. Trademark and Site Mark Rights

All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of Harsco or third party products or web sites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to Harsco or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use Harsco Marks without the prior express written consent of the owner of such mark.