We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. Unless otherwise specified, those changes shall be effective upon posting. It is your obligation to review changes in this Agreement, and you agree that your continued use of the Site after the posting of any revised Agreement constitutes your agreement to be bound by the revised Agreement.
Subject to all terms and conditions of this Agreement, Plast grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site and the Content on any computers or other electronic display device of which you are a user, for your personal use only (the “Permitted Uses”). You agree to use the Site and Content only for lawful purposes and for the Permitted Uses. No other use of the Site or the Content is authorized. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws, regulations or this Agreement. You may not publicly perform, publicly display, transmit (except for the Permitted Uses), publish, participate in the sale or transfer of, modify or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for your personal use directly in support of Plast activities, and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not store electronically any significant portion of any Content, except to the extent reasonably necessary for the Permitted Uses.
Privacy and the Information You Provide
Monitoring of the Site
Notice of Copyright and Rights in Proprietary Materials
Certain company, product and service names and logos used and displayed on this Site may be trademarks or service marks owned by Plast (“Plast Trademarks”) or by others. Nothing on this Site should be construed as granting any license or right to use any of the Plast Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of Plast and/or the owner(s) of such other trademarks. All goodwill generated from the use of the Plast Trademarks on any web site will inure to our benefit. The Site also contains material protected by copyrights or other proprietary rights and laws, including but not limited to text, software, graphics and images (collectively, the “Proprietary Material”) and such material is owned by Plast or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of Plast and/or the relevant rightholder.
No Framing or Linking Allowed
Except as otherwise provided in this Agreement, no part of this Site may be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. Except for the Permitted Uses, none of the Content or our Site may be retransmitted without the express written consent of Plast, nor may it be used on any other site or in any networked computer environment. We prohibit use of any of the Plast Trademarks as part of a link to or from any site unless such a link is approved in advance by us in writing.
Third Party Sites
As a convenience to you, this Site may provide links to third party websites (“Third-Party Sites”) through links available on this Site. Our decision to link to a Third-Party Site is not an endorsement of the third party or the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PLAST OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PLAST PARTIES”) GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. NONE OF THE PLAST PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. ALL OF THE PLAST PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY OF THE CONTENT OR ANY SERVICES PROVIDED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE PLAST PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE CONTENT.
Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE, OUR CONTENT OR ANY SERVICES OBTAINED THROUGH OUR SITE IS TO STOP USING OUR SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PLAST PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING: LOSS OF REVENUE, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, EVEN IF THE PLAST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY PLAST PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY. THESE LIMITATIONS OF LIABILITY WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE PLAST PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE PLAST PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless the Plast Parties from and against any and all actions (including third party actions and claims), demands, costs, claims, losses, liabilities, damages and expenses, including reasonable legal fees, arising out of the access to, use or misuse of this Site by you, or from your breach of or misrepresentation under this Agreement or arising in any manner out of your acts or omissions, whether on your behalf or on behalf of or relating to any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without relieving you of your indemnity obligations, and in that event, you agree to cooperate with our defense of the claim.
You acknowledge and agree that Plast may suspend or terminate your access to and use of the Site at any time, with or without cause, in Plast’s absolute discretion and without notice, including, without limitation, for any breach of this Agreement. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, Termination, General Provisions and any other provision that by its terms survives termination of your use of or access to the Site.
Failure by Plast to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement, or your use of the Site and/or the Content, other than action for specific performance or injunctive relief brought by Plast, shall be exclusively brought in the federal, state, or local courts located in New York, New York and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement constitutes the entire agreement between you and Plast with respect to the Site and supersedes all prior agreements or understandings, whether written or oral, between you and Plast with respect to the Site. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement inures to the benefit of Plast, its successors and assigns.
Date Revised and Posted: 08/21/2004