In order to enhance the content contained on the Services, P+PB may gather and store certain information about your visit. “General Information” is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
- The Internet Protocol (“IP”) address of your Internet Service Provider (“ISP”) and/or your computer, if it has its own static IP address. The domain name may also be collected. Your IP location information may be used during your visit to the Services to serve you location specific information or advertisements for goods or services available in your specific location, however, such information will not be collected or maintained by P+PB except in aggregate form.
- The date, time, length of stay and specific P+PB web pages, images, documents or forms accessed by you at such Services.
- Whether you are viewing any of the Services for the first time, or are a return visitor.
- The Uniform Resource Locator (“URL”) of the website or advertisement that referred you to any of the Services.
- The search engine that referred you and any search strings or phrases entered into the search engine to find any of the Services.
- Demographic information concerning your country of origin and language(s) used.
- The type and version of the Internet browser used to visit any of the Services, the operating system on your computer and information regarding errors when viewing any of the Services.
P+PB collects this General Information and may use it to generate aggregate statistics about visitors to and users of the Services. In situations where it is possible to do so, General Information may be linked to Personal Information.
“Personal Information” is information through which you can be identified. Providing your personal information to P+PB is your choice. P+PB maintains one or more databases to store your Personal Information and may keep such information indefinitely. Personal Information that P+PB may collect from you includes, but is not limited to, your name, postal address(es), telephone number(s), facsimile number(s), email address(es), date of birth, credit card or bank information, and any other information that you voluntarily provide. Personal Information you volunteer is used by P+PB for internal verification, to complete requested transactions, to ensure appropriate legal use of P+PB’s goods and/or services, to provide you notification about updates to the Services, goods, services and data and to help provide you with technical support for the Services.
Your Personal Information is collected from our Services, through email and/or through online applications you complete, requests for newsletters, requests for P+PB or Services information, entering sweepstakes and prize promotions, taking surveys, reporting problems and through any of your other activities with P+PB. The Personal Information that P+PB collects depends on the nature of your activities.
- Sweepstakes and other prize promotions – from time to time, P+PB may present sweepstakes, contests, special offers or other promotions, and in order for you to enter and win such promotions, you may need to provide Personal Information. The type and amount of Personal Information required will depend on the promotion. For example, a sweepstakes entry will require you to provide, at a minimum, your full name, address, telephone number, date of birth and email address. In the event that you are a sweepstakes or prize promotion winner, we will require you to submit to us a W9, which will require you to provide additional information, such as your social security number, in order to receive the prize. Please see the specific prize promotion rules for more information on the Personal Information collected and its uses and sharing.
- Voluntary submissions – information that you voluntarily submit on our “Contact Us” web page and via other surveys and feedback will require the disclosure of your first name and email address, and may also include your last name. This voluntarily provided Personal Information is used by P+PB to enhance our Services or to reply to your questions or comments.
- Newsletters – information that you voluntarily submit when signing up to receive our Newsletters will require the disclosure of your first name and email address, and may also include your last name. This voluntarily provided Personal Information is used by P+PB to provide you with our Newsletters.
- Invitations – if you invite someone to use a feature of one of our Services, we will disclose your real name as part of the invitation you send, as this information is necessary to ensure that the invited person knows who has sent the invitation.
- Mobile – P+PB collects information regarding your GPS location when you use the Services and associated services from your mobile device if your device has location services enabled.
P+PB may make chat rooms, message boards, blogs, and other community services available to you on the Services. Please understand that any information that is disclosed by you in these areas becomes public information. When you disclose such information in a chat room, message board, blog or any other public forum, you do so at your own risk. P+PB has no control over its use and you should exercise caution when deciding to disclose your Personal Information or any other information about yourself. The information presented in these areas reflects the views of the individual users or hosts and does not necessarily reflect the views of P+PB. P+PB reserves the right (but has no obligation) to monitor the use of chat rooms, message boards, blogs or other public forums on the Services.
In addition to its own use, P+PB may pass your Personal Information to third party fulfillment companies, web hosting companies, customer support specialists, data analysis firms, email service providers, shipping companies and credit card processors and/or any of their authorized agents who provide the goods or services requested to meet your needs. P+PB will not provide your email address to any other vendors other than as described herein. Please contact us at firstname.lastname@example.org (subject line: “Opt-Out Vendor Communications”) to request that you not be sent any or all of such information.
P+PB may also use your Personal Information, or a portion thereof, to send you marketing materials, product information, vendors with information that you may need, special event information, Newsletters or advertisements and/or information that P+PB thinks may be of interest to you, unless you notify P+PB that you do not wish to receive such materials. P+PB may also use the services of bonded mailing houses that are authorized to use your Personal Information only for the benefit of P+PB. Please contact us at email@example.com (subject line: “Opt-Out Marketing Communications”) to request that you not be sent any or all of such information.
The use of “Cookies” is a standard practice among websites and online services. A Cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website or use of an online service. Cookies are most often used to track specific information regarding your activity on a particular website or online service.
When you visit our Services, we may place a Cookie in a directory of your computer’s hard drive. The information that Cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Services. For example, they allow P+PB to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit to the Services based on your previous visits.
P+PB may also use flash cookies which are sometimes called local shared objects. Flash Cookies are data files that are stored on your computer by the websites that you visit. You can read more about Flash Cookies at Adobe’s (the owner) website. We may use Flash Cookies to enable or control Flash-based content in the Services. Flash Cookies provide similar functionality as permanent Cookies and are persistent and do not go away when you exit your browser or turn off your computer. You can learn how to manage Flash Cookie settings and preferences for your computer by learning about how to use the Settings Manager on Adobe’s website.
You may configure your browser to accept or deny Cookies from our Services. However, disabling or denying Cookies from our Services may render parts of them inaccessible or may cause certain web pages not to properly load. There are also several services and websites which allow you to visit websites, including our Services anonymously. Again, you may not be able to access or use all of the web pages for the Services if you use these anonymizing services or websites.
P+PB may use “Web Beacons,” sometimes referred to as “clear gifs” or “web bugs,” which is another way (instead of Cookies) to help personalize your experience on the Services. Web Beacons are typically invisible to you and are generally embedded in very small clear graphics files. We may use Web Beacons to monitor certain non-personally identifiable information about you, including the URL of the page from which the Web Beacon originated, the type of browser used, the IP address of your computer and the time you viewed the Web Beacon. We may also use Web Beacons to assist our third party advertising and/or content companies in providing the contact they believe you want to see. Web Beacons are also used to allow such third parties to determine how many people view the advertisements and/or click through, and to assist in serving and managing advertisements and content. While Web Beacons do not collect Personal Information, the information collected by them may be used in conjunction with Cookies to identify aggregate information about users of our Services.
P+PB does not currently have the capabilities to recognize the Do Not Track signals from Internet browsers. Therefore, any selection you make within your Internet browser will not be applied to the Services. For more information regarding Do Not Track you can visit www.allaboutdnt.org.
You do not have to participate in P+PB’s mailing lists (Newsletters) in order to use the Services. However, if you elect not to receive such Newsletters, you may miss valuable information on P+PB, its products and/or its services. P+PB will not contact you nor send you marketing materials unless you have opted-in to receive such contact or information.
You cannot access your Personal Information contained in P+PB’s database. However, if you want to change the Personal Information that P+PB has for you (i.e., a new email address), please contact us at firstname.lastname@example.org. P+PB will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email notifications about our Services, products, services or special promotions, please let us know by sending an email to email@example.com and specifying in the text of your email which notifications you no longer wish to receive. In addition, within the text of your email, you should provide your exact name and email address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, P+PB will use reasonable efforts to refrain from including you when sending such notifications by noting your opt-out election in our database.
You decide what Personal Information you make available to other users of our Services, including, if we provide them, in or on our chats, blogs, posts and other disclosures. All users of our Services should be aware that information you make available via these disclosures is public and not private. P+PB is not responsible for and cannot control the actions of others who will have access to this information, therefore, we do not and cannot guarantee that the information you disclose in this manner will not be viewed by unauthorized persons.
P+PB may provide security measures that are designed to restrict access to certain portions of the Services, but P+PB cannot and is not responsible for circumvention of these security measures or for further distribution or use of any information you disclose in public areas by others. We may also provide you tools to edit and remove the information or materials you make available on our Services, but even after removal, copies of any information you post may remain viewable in cached, archived or otherwise saved media that is outside the control of P+PB. You are solely responsible for any information and materials that you choose to make available on public areas of our Services.
P+PB does not knowingly solicit or collect information from anyone under the age of eighteen (18), unless explicitly stated on a Site or in a Service, and unless stated therein, all of the Services are directed at persons 18 years of age or older. If you are the parent or guardian of a child under the age of eighteen (18), or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out his or her real name, address, phone number, email address or other personally identifying information while on our Services. There are no computer applications on our Services which allow for the determination of your age. If P+PB discovers that Personal Information of a child under 13 has been collected without parental or guardian consent, P+PB will take reasonable steps to delete this information. All information volunteered to P+PB will be treated the same as information given by an adult. P+PB recommends that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times.
Our Services may contain several links to or integrations with other websites whose information practices may be different than ours. Neither P+PB, nor any of its officers, directors, partners, employees, agents, representatives, vendors or suppliers are responsible for the content, privacy policies, products, services, reliability, viewpoint or accuracy of information on any such websites. We do not control and are not responsible for the collection of personal information by third party websites, including websites owned or controlled by our preferred financial partners, advertisers, vendors and/or websites not controlled or explicitly authorized by P+PB. Third party websites that are accessed through links on our Service or integrations with other websites have separate privacy policies. We have no responsibility or liability for the policies implemented by third parties on their websites. You should contact those third parties directly to ask questions about their privacy policies.
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative and physical security measures to protect your information from unauthorized access and improper use. P+PB makes access to your Personal Information subject to certain security measures, including technological controls such as “firewalls,” in accordance with industry standards. When the use of a P+PB web page involves the transmission of Personal Information or confidential information, P+PB may use Secure Socket Layer (“SSL”) technology to establish a secure connection between your computer and P+PB. SSL allows the transmission of encrypted information from your computer to P+PB and back again and is currently the industry standard for Internet platform security. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure, so while P+PB strives to protect your Personal Information, P+PB cannot ensure or warrant the security of any information that you voluntarily give to P+PB.
P+PB reserves the right to monitor all network traffic to our Services to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to any of our Services in any manner. Anyone using any of our Services expressly consents to such monitoring.
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to P+PB, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: firstname.lastname@example.org or
Paper & Packaging Board
Attn: California Privacy Rights
8200 Greensboro Drive #1175
McLean, Virginia 22102
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.
By using the Services, you explicitly agree that any claims or actions that you may otherwise have against P+PB under the laws of any jurisdiction other than in the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 16.
8200 Greensboro Drive #1175
McLean, Virginia 22102
ATTN Joan Sahlgren
Telephone: (703) 935-5386 Facsimile: (703) 935-8597
Effective January 1, 2020
1. Materials. The Materials are provided for you to learn about P+PB and its mission and services, including its campaigns. The Materials include, without limitation, any content, data, text, pictures, graphics, audio, video, icons, surveys, software, code, applications, and updates for use on or through this website, links, and other content, features and services available on or through this website, are provided for educational and informational purposes only.
2. 18 and Older.
2.1. YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE MATERIALS, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THIS WEBSITE, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THIS WEBSITE. By accessing, using and/or submitting information to or through this website, you agree and represent that you are at least 18 years of age or older and otherwise have the legal capacity to enter into these Terms.
2.2. Pursuant to 47 U.S.C. Section 230(d), as amended, P+PB hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. This website is not directed to, not intended for and may not be used by anyone under the age of 18.
3. Changes to these Terms. P+PB has included the effective date of these Terms on this document. P+PB reserves the right to make changes to any Terms at any time, however, P+PB shall use reasonable efforts to provide notification to you in advance of any material changes becoming effective, such as by posting a notification via this website, at the login page or via email. If you continue to access and/or use the Materials after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Materials. For this reason, we encourage you to review these Terms any time you access or use the Materials, and recommend that you print out a copy for your records. Upon P+PB’s request, you agree to sign a non-electronic version of these.
4.1. Grant. The Materials are provided for educational and informational purposes and solely for the use by your company, and not for any personal use. Subject to your full compliance hereunder, P+PB hereby grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free, terminable, limited license to access and use the Materials to highlight P+PB’s services for your company’s non-commercial educational or informational purposes. Except as expressly provided in these Terms, P+PB does not grant you any other express or implied rights or licenses in or to the Materials, and all rights, title and interest that P+PB has in the Materials are retained by P+PB, even after download on your computers, mobile phones, tablets, and/or other devices.
4.1.1. Characters. Certain of the Materials contain the P+PB’s paper and box characters. Such Materials must be used as a whole and cannot be separated or taken apart in any way. That is, a character may be used only when it appears in a Material and only in such Material as a whole. P+PB’s characters cannot be used separately or in any other manner or for any other reason whatsoever.
4.1.2. Credit. You must acknowledge P+PB’s ownership of the Materials on of your company’s websites where such Materials are posted, on the trademark or legal page or on the bottom of all web page(s) on which the Materials appear, and on the last page of any presentations or communications in which the Campaign Materials appear. Further, you agree to follow P+PB’s Tagging Guidelines [located under Toolkit Guidelines] for all social media posts.
4.1.3. Linking. Wherever possible, the Materials should be directly linked back to P+PB’s consumer website – www.howlifeunfolds.com.
4.1.4. No Change. The Materials may be used only in exactly the form and format as provided by P+PB on this website. No deletions, additions or changes may be made to the Materials. Although not allowable under these Terms, should you change or modify the Materials, P+PB shall own all such modification or change, along with the goodwill symbolized thereby and you hereby automatically assign all such rights to P+PB.
4.1.5. Compliance with Laws. You agree that all uses of the Materials shall be in accordance with all applicable laws and regulations.
4.2.1. You agree that you will not use the Materials in a manner that is likely to be viewed by a reasonable person as violent, sexually provocative, offensive, obscene, in violation of “hate crime” laws, or otherwise likely to shock or offend the community or in such a way as to bring P+PB, its officers, employees, or Board, or its trademarks, service marks or logos into public disrepute, scandal or ridicule, or that derogates from the public image or reflects unfavorably or negatively upon them.
4.2.2. Except as lawfully allowed or expressly set forth in these Terms, you may not modify (including without limitation making derivative works), adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, license or sublicense, or offer for sale or sell in any form or by any means, in whole or in part, any of the Materials without P+PBB’s express prior written permission.
4.3. No Other Intellectual Property. The rights licensed herein extends only to the use of the Materials as stated herein and do not grant permission to use any other P+PB intellectual property or materials.
4.4. No Other Rights. P+PB reserves any and all rights not expressly granted herein.
4.5. P+PB reserves the right to revoke your right to use any or all of the Materials, including your access to this website, at any time as further set forth herein. You acknowledge that the time that but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Materials.
5. Intellectual Property
5.1. Ownership. Except for third party intellectual property that may be included therein, you acknowledge and agree that P+PB is the sole and exclusive owner of all right, title, and interest in and to the Materials and that your use of the Materials shall inure to the benefit of P+PB and that you shall not, at any time, acquire any ownership rights in the Campaign Materials by virtue of any use you may make of the Materials, regardless of whether authorized by these Terms.
5.2. No Challenge. You shall not directly or indirectly contest or otherwise challenge or attack P+PB’s rights in, and/or the validity of, the Materials during the term of these Terms or at any time thereafter. You further agree not to do anything, either by act of omission or commission, which might invalidate, impair, jeopardize, violate or infringe the Materials, or to misuse or bring into dispute the Materials or jeopardize P+PB’s rights in the Materials.
5.3. No Circumvention. You may not circumvent or disable any content protection features used on the Materials and must retain all trademark, copyright and other proprietary notices on downloaded, published, redistributed and copied Materials, and any such downloads, publications, redistributions or copies are subject to the terms and conditions of these Terms.
5.4. No P+PB Restriction. Nothing in these Terms shall be construed to prevent P+PB from using, or licensing others to use Campaign Materials for any purpose whatsoever.
5.5. Changes or Discontinuation. You acknowledge that, from time to time and without your approval, Owner may modify certain elements of the Materials or discontinue the use of certain Materials. Accordingly, P+PB does not represent or warrant that the Materials or any of their respective elements will be available for your use or maintained or used in any particular fashion.
6.1. In order to access the Materials (after your request for access has been approved by P+PB in writing) you are required to register or create an account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in any Account. To create an Account, P+PB may ask or require you to provide P+PB or its service providers with certain personal information (e.g., your full name, company name, title and email address) and/or social media login information. Providing P+PB and/or any service provider with your personal information or your social media login information is your choice.
6.2. Each time you decide to provide P+PB or any service provider with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by P+PB’s registration form or process (including your current email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, P+PB has the right to terminate your access to and use of the Materials (or any portion thereof). You also agree that P+PB has the right in its sole discretion to suspend or terminate your Account, your username, or refuse any and all current or future use of the Materials (or any portion thereof) for any reason or no reason.
6.3. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE MATERIALS) THAT ARE CONDUCTED THROUGH THE USE OF YOUR PSEUDONYM AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
7. Right to Modify. P+PB reserves the right, at any time, to modify, suspend, or discontinue the Materials, and/or any part or parts thereof with or without notice, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, or feature of this website. You agree that P+PB will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
8. Term and Termination.
8.1. Your right to access and use the Materials will remain effective until terminated in accordance with these Terms. P+PB may delete, suspend, terminate or block your access to the Materials and/or suspend, terminate, modify, or delete your Account (all, a “termination”), with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation or suspected violation of these Terms. For example, your access may be blocked and/or your Account deleted without warning if P+PB believes, in its sole discretion, that you are under 18 years of age or if you provide any information that is false or infringing on the right of another. Upon termination, your right to access and use the Materials, including your Account, will immediately cease. In addition to its termination rights, P+PB also reserves the right to refuse service to anyone for any reason whatsoever in its sole discretion, including without limitation, if P+PB becomes aware that you are a convicted felon or sex offender.
8.2. You may terminate your Account by contacting the Account Administrator by emailing email@example.com with the subject line “Termination Request” and your full name and company name included in the body of the email. P+PB may terminate and delete your Account, including any information associated with your Account, in P+PB’s sole discretion, if your Account has been inactive for a period of at least 12 months. Your Account will be considered inactive if you do not login to this website with your username and password and/or social media login information.
8.3. P+PB may terminate and delete your Account, including any information associated with your Account, in P+PB’s sole discretion, if your Account has been inactive for a period of at least 12 months. Your Account will be considered inactive if you do not login to this website with your username and password and/or social media login information.
9.1. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P+PB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
9.3. P+PB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS (OR ANY PART THEREOF) OR THE SERVER(S) ON WHICH THE MATERIALS ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.4. NO OPINION, ADVICE OR STATEMENT OF P+PB OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
9.5. BECAUSE SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
10. Limitations of Liability.
10.1. NEITHER P+PB NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR ARTICLE, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE MATERIALS OR THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS IS TO STOP USING SUCH MATERIALS. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF P+PB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE (i) THE TOTAL AMOUNT PAID BY YOU TO P+PB IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE MATERIALS or (ii) $100 . YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.2. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY ADDITIONAL LEGAL RIGHTS WHICH YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED BY THESE TERMS.
10.3. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND P+PB OR A REPRESENTATIVE OF P+PB CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN.
10.4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT P+PB OFFERS THE MATERIALS IN RELIANCE UPON THE ABOVE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND P+PB. P+PB WOULD NOT BE ABLE TO PROVIDE THE MATERIALS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
11. Indemnity. You agree to defend, indemnify and hold P+PB harmless against any and all third party claims, demands, causes of action, liability, loss, damage, judgments, or expense (including court costs and reasonable attorney’s fees) arising out of your negligent use of any or any part of the Materials, use of any or any part of the Materials in a manner not permitted under these Terms, breach of any applicable law or regulation, or use of any or any part of the Materials after written notification by P+PB that such use may be an infringement, or any such use made on behalf of or for your company. P+PB reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify P+PB. You agree not settle any dispute subject to your indemnification under these Terms without written consent from P+PB.
12. Notice for California Users.
12.1. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Paper and Packaging Board, 8200 Greensboro Drive, Suite 1175 McLean, VA 22102 with your email address and a request for these Terms.
12.2. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the Materials or to receive further information regarding use of the Materials.
13. Federal Civil Rights Policies. You agree that you shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or disability. You further agree that you will fully comply with any and all applicable federal, state, and local equal employment opportunity statutes, ordinances, and regulations, including without limitation, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Equal Pay Act of 1963. However, nothing in this Section shall require you to comply with or become liable under any law, ordinance, regulation, or rule that does not otherwise apply to your company.
14. Captions/Section Headings. The captions and Section and paragraph headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.
15. No Third Party Beneficiaries/No Implied Rights. No other person or entity shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of these Terms as a third-party beneficiary or otherwise. Nothing contained in these Terms shall be construed as conferring any rights by implication, estoppel or otherwise, under any intellectual property right, other than the licenses expressly granted in these Terms.
16. Independent Contractors. The parties hereto are independent contractors in their performance of this Agreement, and nothing contained herein shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint venturers, co-owners, employer-employee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. All financial obligations associated with each party’s business are the sole responsibility of that party, including, but not limited to all applicable federal, state and local income taxes (if lawfully applicable), associated payroll and business taxes (if lawfully applicable), licenses and fees, and such insurance as is necessary for a party’s protection in connection with work performed under this Agreement; it being understood and agreed that no such taxes or fees shall be withheld or paid by a party on behalf of the other party.
17. Equitable Relief. You acknowledge and agree that P+PB would not have an adequate remedy at law and would be irreparably harmed in the event you were to misuse, harm, or bring into disrepute any or any part of the Materials or if you were to breach any term of these Terms concerning the proper use or placement of any or any part of the Materials. Accordingly, it is agreed that, in the event of a breach or threatened breach of these Terms or your failure to follow any instruction of P+PB regarding the Materials, in addition to any other remedies at law or in equity, P+PB shall be entitled to equitable relief including but not limited to immediate injunctive relief without the requirement of posting a bond or other security.
18. Waiver. No waiver, modification or amendment of any term or condition of this Agreement shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment to which it applies. The failure of a party at any time to exercise any of its rights, remedies or options under this Agreement shall not be construed to be a waiver of such rights, remedies or options or prevent such party from subsequently asserting or exercising such rights, remedies or options, nor shall it be construed, deemed or interpreted as a waiver of, or acquiescence in, any such breach or default or of any similar breach or default occurring later. This Section shall survive termination of the Agreement.
19. Severability. If the application of any Section or provision of these Terms to any particular facts or circumstances shall be held to be illegal, invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) that provision or Section shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable; (b) the validity and enforceability of such provision or Section as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby, and (c) such provision or Section shall be enforced to the maximum extent possible so as to give effect to the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision or Section valid and enforceable.
20. Binding Agreement. These Terms shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and permitted assigns.
21. Interpretation. All references in these Terms to laws, agreements or other documents shall be deemed to mean those laws, agreements or documents as the same may be modified, replaced or amended from time to time. Wherever any provision of these Terms uses the term “including” (or “includes”), such term shall be deemed to mean “including” and “including but not limited to” (or “includes without limitation” and “includes but is not limited to”). All definitions set forth herein shall be deemed applicable whether the words defined are used herein in the singular or the plural. All references to the word “will” are interchangeable with the word “shall” and shall be understood to be imperative and mandatory in nature.
22. Survival. Notwithstanding any terms set forth herein, all provisions of these Terms that may reasonably be construed as surviving the expiration or termination of these Terms will survive any termination of these Terms.
23. Law. These Terms, including the construction and application thereof, are subject solely and exclusively to the state of Virginia without regard to choice of law provisions. Any and all disputes shall be filed in Fairfax County, in the applicable State or Federal Court.
24. Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter contained herein, and all other agreements, whether verbal or in writing, are hereby terminated and replaced with this Agreement.