Terms of Use

Please read the following Terms and Conditions carefully.
PolyPak America, Corporation, requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by PolyPak America (the “ PolyPak Site”) adhere to the following Terms of Use. By accessing and using the PolyPak America Site, you indicate your acknowledgment and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the PolyPak Site. PolyPak may change, suspend or discontinue any aspect of the PolyPak Site at any time, including the availability of any feature, database or content. PolyPak may also impose limits on certain features and services and/or restrict your access to parts or all of the PolyPak Site without notice or liability of any kind. The terms and conditions of a PolyPak client’s service agreement for any portion of the PolyPak Site will control in the event of any provisions that may conflict with these Terms of Use.

Restrictions on Use

All the Web products and services, information, materials, data, images, graphics, sounds and other components on the PolyPak Site (the “Contents”) are copyrighted and owned or controlled by PolyPak unless otherwise noted. Any unauthorized use of the Contents on the PolyPak Site may violate copyright, trademark and other laws and intellectual property rights of PolyPak or third parties. Contents from the PolyPak Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, mirrored from this site on another Website or in any other media or used for the creation of derivative works or transmitted in any way, without the prior written consent of PolyPak. The Contents on the PolyPak Site are provided for lawful purposes only. PolyPak does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not.

U.S. Government Restricted Rights

The Contents on the PolyPak Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Contents by the U.S. government constitutes acknowledgment of PolyPak’s proprietary rights in the Contents.

Digital Millennium Copyright Act

PolyPak has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. PolyPak reserves the right to remove any Contents contained in or posted to the PolyPak Site that allegedly infringes another person’s copyright. Notices to PolyPak, regarding any alleged copyright infringement on a PolyPak Site should be directed to PolyPak’s General Counsel’s Office, at 2939 E. Washington Blvd. Los Angeles, CA 90023

Limitation of Liability

PolyPak WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. PolyPak WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH PolyPak’s SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, OR THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH PolyPak’s SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES, EVEN IF THERE IS NEGLIGENCE OR GROSS NEGLIGENCE OR EVEN IF PolyPak OR AN AUTHORIZED PolyPak REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. PolyPak’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Submissions

PolyPak does not want to receive confidential or proprietary information from you through our site. Please note that any information or material sent to PolyPak will be deemed NOT to be confidential. By sending PolyPak any information or material, you grant PolyPak an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that PolyPak is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. All remarks, suggestions, ideas, graphics, or other information communicated to PolyPak through the PolyPak Site (together, the “Submission”) will become upon communication and will forever be the property of PolyPak. PolyPak will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future PolyPak operations or Contents. Without limitation, PolyPak will have exclusive ownership of all future existing rights to the Submission of every kind and nature everywhere. PolyPak will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold PolyPak harmless for any liability arising due to the use or distribution of those materials. You further grant PolyPak the right to use your name in connection with the reproduction or distribution of such material.

Personally identifiable information that may be received at the PolyPak Site is provided voluntarily by a visitor to the PolyPak Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not PolyPak, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, PolyPak reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, or in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

Jurisdiction

Except as otherwise described, all Contents on the PolyPak Site are made available only to provide information about PolyPak and its services. PolyPak controls and operates the “PolyPak.biz” site and makes no representation that the Contents on such PolyPak Site are appropriate or available for use in other locations. Other PolyPak Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the PolyPak Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.

Disclaimer

The Contents on the PolyPak Site could include technical inaccuracies or typographical errors. Also, PolyPak may make changes or improvements to the PolyPak Site at any time. THE CONTENTS ON THE PolyPak SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE; AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER. PolyPak EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PolyPak MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. PolyPak DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED (and expressly assumes no responsibility to do so), OR THAT THE PolyPak ITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PolyPak DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE PolyPak SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PolyPak MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE PolyPak SITE. YOU (AND NOT PolyPak) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Termination

PolyPak or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the PolyPak Site and all related documentation and all copies and installations. PolyPak may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of PolyPak, provided, however, that PolyPak shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.

Linked Sites

The PolyPak Site includes links to other sites which are not maintained by PolyPak. PolyPak is not responsible for the content of those sites and makes no representations, warranties or commitments whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by PolyPak of the sites or any products or services referred to therein, nor is PolyPak responsible for the availability of such external sites or resources. PolyPak may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the PolyPak Site. If you decide to access any third party site linked to the PolyPak Site, you do so entirely at your own risk and PolyPak shall have no liability for any loss or damage arising from your use of any such site or for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from PolyPak’s Site..When you access a non-PolyPak site, even one that may contain the PolyPak-logo, please understand that it is independent from PolyPak, and that PolyPak does not control the content on that other non-PolyPak site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking and Logo Policy

By linking to any page on the PolyPak Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, PolyPak prohibits site caching, the use or posting of unauthorized hypertext links to the PolyPak Site and the framing of any content available through the PolyPak Site. You may link to the PolyPak Site only via the PolyPak Site’s home page (i.e., www. PolyPak .biz) or a designated gateway page. A gateway page is any page that is the first and primary page that serves as a starting point to a significant body of content. Links can be by text only and may only read “PolyPak” Images of the PolyPak logo can only be used for link purposes and can only be made with the express written permission of PolyPak. Any requests for such permission or for permission to link to the PolyPak Site in a manner other than as permitted in the preceding paragraph should be addressed to PolyPak at 23046 Avenida De La Carlota, Suite 616, Laguna Hills, CA 92653 Tel: +1 949-235-4952. By linking to the PolyPak Site, you acknowledge and agree that, other than as set forth herein, all rights to the PolyPak trademarks or service marks used on the PolyPak Site, the Content appearing on the PolyPak Site and the design of the PolyPak Site belong to PolyPak. You must not misrepresent your relationship with PolyPak or present false or misleading impressions about PolyPak. No links to the PolyPak Site may be used in a manner that implies or suggests that PolyPak approves or endorses you, your website or your goods and services (in all cases, except as PolyPak may have agreed separately with you in writing). PolyPak shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend PolyPak against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. PolyPak reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the PolyPak Site from your website. This is not a license, but subject to your compliance with the above terms, PolyPak agrees to grant you the use of the “PolyPak” name solely for the purpose of establishing a link to the PolyPak Site as permitted hereunder. Except for the limited permission to use the “PolyPak” name as set forth in this paragraph, you may not use any of PolyPak’s trademarks or service marks for any other purpose without the express written permission of PolyPak. PolyPak may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “PolyPak” name and your right to link to any pages on the PolyPak Site. In such event upon request, you agree to immediately remove all links to the PolyPak Site and to cease using the “PolyPak” name for linking purposes. Thereafter, any future links to the PolyPak Site will require the express written permission of PolyPak. PolyPak reserves the right to amend these linking terms and conditions at any time. By continuing to link to the PolyPak Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the PolyPak Site, as amended from time to time.

Miscellaneous

PolyPak may, without notice, revise these Terms of Use at any time by updating this posting. Your continued use of the PolyPak Site now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of California and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the PolyPak Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the PolyPak Site.

Please Contact us if you have any questions about our terms and conditions.