Effective August 3, 2020
You agree that by registering or creating an account, accessing, downloading, installing or using the Platform or any part thereof, you are entering into a legally binding agreement with P+PB and you agree to abide by the Terms, including all rules, terms, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms, do not access, download, install, register or create an account, or otherwise use any of the Platform, as doing so will result in your acceptance of the Terms. If you are registering, accessing, downloading, installing or using the Platform on behalf of a company or other legal entity, you are still individually bound by the Terms, even if your company has a separate agreement with P+PB.
The Platform is provided for you to learn about P+PB, its association, mission, and paper and paper-based packaging goods and services, as well as to learn about goods and services related to paper and paper-based packaging from third parties (i.e., P+PB members, association partners, educators, etc). P+PB itself does not manufacture, distribute or sell any paper or paper-based packaging products, other than its self-branded products. P+PB is not responsible for any problems that may result from any information, services, products, or anything else you learn about or use through the Platform.
The information and materials provided on or through the Platform, including without limitation, any content, data, text, pictures, graphics, audio, video, icons, surveys, software, code, applications, and updates for use on or through the Platform, links, and other content, features and services available on or through the Platform, excluding Submissions (defined below), (collectively, the “Materials”) are provided for educational and informational purposes only.
The Platform is provided for educational and informational purposes, and unless otherwise specified on or in the Platform, solely for your own personal use. P+PB hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform for your own non-commercial educational or informational purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Platform. Except as expressly provided in the Terms, P+PB does not grant you any other express or implied rights or licenses in or to the Platform or the Materials, and all rights, title and interest that P+PB has in the Platform and Materials are retained by P+PB, even after installation or download on your computers, mobile phones, tablets, and/or other devices.
Except as lawfully allowed or expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, any of the Platform or Materials without P+PB’s express prior written permission.
P+PB reserves the right to revoke your right to use any or all of the Platform at any time as further set forth in Section 20 herein. You acknowledge that the time that you spend on or using the Platform, is solely for your personal educational or informational purposes, and that no monetary value can be attributed to such time and that, but for the limited and terminable license granted herein, you are not entitled under the law to use or have access to the Platform and/or the Materials.
You acknowledge that the Platform is protected by and/or embodies copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned by P+PB, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. You agree that the Platform and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of P+PB. The trademarks, trade names, trade dress, logos, and service marks displayed on the Platform, are the trademarks of P+PB or its licensors, members and vendors and/or other third parties. Nothing contained on or in the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the P+PB marks, logos or trade dress without the express written permission of P+PB or the third-party owner of any such mark, logo or trade dress. Misuse of any mark, logo or trade dress is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of P+PB’s or its licensor’s intellectual property by virtue of your access or use of the Platform.
You may not circumvent or disable any content protection features used on the Platform and must retain all trademark, copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of the Terms.
In order to access certain areas of or participate in certain activities contained on or in the Platform, 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 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. 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 Platform (or any portion thereof) or your participation in any activity or service contained on or available through the Platform.
In order to access certain areas of, or participate in certain activities or services contained on or in the Platform, you will be required to select a username and/or password. Your username is subject to certain terms and Codes, as set forth in Sections 7 and 8 below. You 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 Platform (or any portion thereof).
P+PB may refuse to grant you a username in its sole discretion for any reason, including without limitation if it impersonates someone else or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by P+PB in its sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and P+PB reserves the right to revoke and/or reassign any username in its sole discretion. You understand and agree that P+PB reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in P+PB’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOCIAL MEDIA LOGIN INFORMATION AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OR PROVISION OF ANY SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.
You agree not to transfer or resell your or otherwise convey your Account or the right to use your Account or any rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password, and (ii) immediately notify P+PB of the problem by emailing us at firstname.lastname@example.org (with the subject line: “Account Security Issues”).
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that P+PB will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by P+PB or another party due to someone else using your Account.
While using any of the Platform and/or Materials, including on or in any Submissions (as defined below) or postings, you agree to follow the standards set forth below (the “Codes”), and you agree not to:
For the Platform, including all Apps:
- Create a false identity or impersonate any person;
- Create, post or transmit any content or message containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters;
- Engage in any activity or send, post, transmit or make available any content or message that is false, intentionally misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, rude, defamatory, hateful, vulgar, inciteful, racist, illicit, illegal or otherwise objectionable;
- Submit content, materials or Submissions that are subject to the intellectual property rights of a third party, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant P+PB all the license rights necessary to transmit or maintain such content, material, or Submissions;
- Send, post, transmit or make available any: any material non-public information about any person, entity or P+PB without the express authorization to do so;
- Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, or communication;
- Institute an attack upon any server used in connection with the Platform or any portion thereof or otherwise attempt to disrupt such servers;
- Send, post, transmit or otherwise make available any material or Submissions regarding hacking, cracking, exploiting, or otherwise making improper use of the Platform;
- Attempt to or actually restrict or inhibit any other user from using and enjoying the Platform;
- Use any robot (bot), spider, scraper or other unauthorized or automated means to modify, use or access the Platform, or any portion thereof;
- Send, post or transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of an intentionally destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Platform or the Materials;
- “Frame” or “mirror” any part of the Platform without P+PB’s prior written authorization;
- Attempt to obtain passwords, other Account information, or any private information from any other user of the Platform, including without limitation, the collection of personal information about others, such as email addresses or geolocations;
- Buy, sell or trade any Account;
- Access or use another user’s Account without permission;
- Harvest or collect any information about users of the Platform;
- Use the Platform in any manner that violates any applicable laws or regulations or is prohibited by these Terms; and/or
- Assist or permit any persons in engaging in any of the activities described in this listing of the Codes.
While using the Platform and the Materials, you agree to comply with these and all Codes, as well as all applicable laws, rules and regulations. P+PB has the sole discretion to delete, suspend, terminate or block your access to the Platform and to delete, suspend, terminate or close your Account, with or without prior notification to you, for any violation of the Terms, including any of the Codes.
The Platform may include third party trademarks, third party products, links to other websites, apps or services solely as a convenience to you (collectively, the “Third Party Materials”). The inclusion of any Third Party Materials does not imply endorsement by P+PB or any association with the owners or operators of such Third Party Materials, nor any of the products or services of such third party/ies. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at or on any linked sites, including those that are in, on or linked from or to the Third Party Materials. The information, products, materials and services, including the Third Party Materials, provided by third parties on this site and on any third party sites is not under the control of P+PB. Access and use of any Third Party Materials, including the information, products, materials and services on this site or on any third party sites or available through any third party sites, is solely at your own risk, and you acknowledge and agree that P+PB is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any third party, including any Third Party Materials.
Any dealings with third parties included in, within, on or linked to or on, with the Platform, including the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. P+PB is neither responsible nor liable for any part of such dealings with any third parties.
The Platform may include features that allow you and others to submit, post, comment, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information or content, messages, transmissions, ratings or material to the Platform (“Submissions”). Those portions of the Platform where you can post or transmit information are referred to herein as the “Forums.”
You agree that P+PB may redistribute content you send/upload/post to the Platform. By sending, posting or transmitting to any area of the Platform, including through any Forums, you grant P+PB and its owners, designees, representatives, affiliates, and agents a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, digitally display, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on P+PB’s part and P+PB will not be liable for any use or disclosure of any Submissions. Information and Submissions contained on our Forums may be provided by persons not affiliated with P+PB. You agree not to transmit any Submission to or through the Platform, or to P+PB that you consider to be confidential, and any and all Submissions shall be deemed non-confidential. You are responsible and liable for any and all of your Submissions.
You acknowledge and agree that your communications via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that personal information that you communicate via the Forums may be seen and used by others and result in unsolicited communications; therefore, P+PB strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. P+PB is not responsible for information that you choose to communicate to other users via the Forums or Submission.
You acknowledge that people participating in the Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal, hurtful or deceptive. P+PB neither endorses nor is responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Platform or in any Forums by third persons or parties. The opinions expressed in the Submissions and/or the Forums reflect solely the opinion(s) of the submitter of the Submission or the participants of the Forums and do not reflect the views or opinions of P+PB.
P+PB is not responsible for any Submissions, and you agree that P+PB assumes no liability whatsoever for any Submissions posted by you or any third party. Under no circumstances will P+PB or its owners, designees, representatives, affiliates, and agents be liable for any loss or damage caused by your reliance on the Submissions or on any information or materials obtained through the Platform. P+PB has no obligation to monitor the Platform, the Forums, or any Submissions that you or other persons or parties transmit or post on the Platform or in the Forums. You acknowledge and agree that P+PB has the right, but not the obligation, to do any or all of the following, at its sole discretion: (i) alter, edit, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Platform available thereon to (a) protect P+PB and its sponsors, employees, officers, owners, directors, shareholders, agents, representatives and affiliates, and P+PB’s users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
P+PB RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS, WITH OR WITHOUT NOTICE TO YOU, FOR ANY REASON WHATSOEVER.
P+PB reserves the right, at any time, to modify, suspend, or discontinue the Platform, 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 the Platform, the hours that the Platform is available, or any fees or charges in connection with the use of the Platform. You agree that P+PB will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by P+PB infringe your copyright, you (or your agent) may send P+PB a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to P+PB in P+PB’s Copyright Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send P+PB a counter-notice. Please refer to P+PB’s Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. P+PB’s DMCA Agent should be contacted only for the purposes set forth in this Section 12. ALL OTHER INQUIRIES DIRECTED TO P+PB’S DMCA AGENT WILL NOT BE ANSWERED.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO (a) USE THE PLATFORM, (b) USE ANYTHING ACCESSIBLE OR AVAILABLE ON OR THROUGH THE PLATFORM, (c) CREATE AN ACCOUNT, OR (d) TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR ANYTHING TO ANY FORUM OR ANYWHERE ELSE ON THE PLATFORM. By accessing, using and/or submitting information to or through any of the Platform, 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.
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. The Platform is not directed to, not intended for and may not be used by anyone under the age of 18.
From time to time P+PB may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) through the Platform. Participation in any Promotion is subject to the Official Rules governing that Promotion. P+PB may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless explicitly superseded by Promotion-specific rules. If you choose to participate in a Promotion, P+PB may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. In addition, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in P+PB’s advertising and marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that P+PB is not responsible for such third parties’ actions or inactions with respect to such Promotions.
Regardless of the language used thereon, access to and use of the Platform from any jurisdiction where the content, products or services is illegal is strictly prohibited. P+PB makes no representation that the Platform is appropriate or available for use in any jurisdictions outside the United States and those who choose to access or use any of the Platform from such other jurisdictions do so on their own initiative and at their own risk, and are responsible for compliance with local laws, rules or regulations, including, without limitation, rules about the internet, data, email, or privacy. P+PB reserves the right to limit the availability and quantity, if applicable, of the Platform, any Promotion, or any other product or service provided by P+PB, to any person, geographic area or jurisdiction, at any time and in P+PB’s sole discretion.
Any software or application of or available on the Platform is subject to United States export controls. No software or application may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or application, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, regardless of whether such transmission is permitted under the Terms or by applicable law.
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 you.
P+PB does not accept or consider unsolicited ideas, including ideas for new promotions, products, applications, technologies, processes or other ideas or inventions (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Platform or to P+PB that you consider to be confidential or proprietary. You agree that any and all User Ideas are non-confidential and non-proprietary and need not be treated as confidential and/or proprietary. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to P+PB, including any concepts, know-how or ideas, you hereby transfer all rights in such User Ideas to P+PB (and its successors), without payment or accounting to you or others. P+PB is not obligated to review, evaluate, publish, or use any User Idea.
Your right to access and use the Platform will remain effective until terminated in accordance with the Terms. P+PB may delete, suspend, terminate or block your access to the Platform 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 the 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, obscene or infringing on the right of another. Upon termination, your right to access and use the Platform and Materials, including your Account, will immediately cease. In addition to its termination rights, P+PB also reserves the right to refuse service to anyone and to remove any content or Submissions 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.
If P+PB terminates and thereby causes your license to be revoked, you agree that P+PB will not have any liability to you for any time spent by you accessing or using the Platform, and/or your Submissions, your Account, or for any other reason whatsoever.
You may terminate your Account by logging into your Account at paperandpackaging.org and/or in the Box Paper Scissors Jump app/or and deleting it, or by sending an email to email@example.com with the subject line “Termination Request”) letter stating your intention to P+PB at Paper and Packaging Board, 8200 Greensboro Drive, #1175, McLean, Virginia 22102, Attn: President. 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 the Platform with your username and password and/or social media login information.
All provisions of the Terms that may reasonably be construed as surviving the termination of the Terms will survive any termination of the Terms.
THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE PLATFORM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM, IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P+PB AND ITS PARENTS, SUBSIDIARIES, 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.
P+PB AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM (OR ANY PART THEREOF), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE PLATFORM IS HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO OPINION, ADVICE OR STATEMENT OF P+PB OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE PLATFORM, IN THE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BECAUSE SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER P+PB NOR ANY OF ITS PARENTS, SUBSIDIARIES, 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, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE SUBMISSIONS, ANY THIRD PARTY MATERIALS OR ANY CODE, MATERIALS, PRODUCT OR SERVICE LICENSED, ACCESSIBLE OR USABLE THROUGH THE PLATFORM, EVEN IF P+PB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, P+PB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON THROUGH THE PLATFORM; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD-PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY.
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. THE LIMITATIONS OF LIABILITY IN THIS SECTION 23 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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.
If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT P+PB OFFERS THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM, 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 PLATFORM, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
You agree to indemnify, defend and hold harmless P+PB, its parents, subsidiaries, affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) any allegation that any Submission or other information you post, submit to P+PB or transmit to the Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation of the Terms, including the Codes, or any applicable laws or regulations; (c) your access to and use of the Platform, the Materials, or Submissions; (d) any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Platform or to P+PB; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
Under California Civil Code Section 1789.3, California website 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 services or to receive further information regarding use of the service.
You may have the Terms mailed to you electronically by sending a letter to Paper and Packaging Board, 8200 Greensboro Drive, #1175, McLean, Virginia 22102, Attn: President, with your email address and including a written request for copies of the Terms.
P+PB and its third-party providers periodically schedule system downtime for the Platform and the systems they are hosted on for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that P+PB has no responsibility and is not liable for: (a) the unavailability of the Platform or Materials; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Platform or Materials, any Internet service providers, or any Internet facility or network.
Any claim or cause of action arising out of or related to the Terms, use of the Platform, your Account, and/or your Submissions (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
The Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. All Disputes between you and P+PB shall be exclusively resolved by arbitration as set forth below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY.
Any Disputes involving a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing such arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information). In addition, you and P+PB agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any Disputes involving a claim for more than $5,000 shall be submitted to final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act (“FAA”). The arbitration shall be initiated and conducted according to the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes (see www.adr.org for more information), except as modified herein. The arbitration shall be conducted in Fairfax County, Virginia before a single, neutral arbitrator appointed in accordance with the arbitration rules cited herein, and whose decision will be final, except for a limited right to appeal under the FAA. The arbitrator shall have the authority to hear and grant motions to dismiss and/or motions for summary judgement, and shall issue written opinions resolving such motions, if submitted. The arbitrator will provide a detailed written statement of the final decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following, appeal, if applicable) within thirty (30) days of such award being rendered, then the other party will have the right to enforce the final award in any court of competent jurisdiction in Fairfax County, Virginia. The party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including, without limitation, attorneys’ fees. The parties shall use reasonable efforts to maintain the confidential nature of the arbitration proceeding.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, P+PB will pay all other AAA and arbitrator’s fees and expenses.
CLASS ACTION WAIVER – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR DISPUTE UNDER THE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE, INCLUDING ANY ARBITRATION OR DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE PLATFORM, AND NO CLASS ACTION ARBITRATION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED. PROCEEDINGS TO RESOLVE, ARBITRATE OR LIGITATE (IF APPLICABLE) A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Class Certification Opt-Out. You have the right to opt-out and not be bound by the class, collective, and representative action waiver provisions set forth herein above by sending written notice of your decision to opt-out to the following address: Paper and Packaging Board, 8200 Greensboro Drive, #1175, McLean, Virginia 22102, Attn: President. The notice must be sent within 30 days of (i) for any App, the earlier of your first download of the App or commencing use of the App or (ii) for the remainder of the Platform (meaning, excluding the App), your first view or access of or to the Platform. Otherwise, you shall be bound by the above Class Action Waiver, in accordance with the terms herein.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Fairfax County, Virginia, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
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 28.
To use the Apps, you must have a wireless mobile device with cellular or wireless service through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Apps. Please contact your mobile service provider for pricing and details.
If you are accessing the Apps through an app on an Apple iOS device (an “iOS Application”), (a) P+PB grants you a non-transferable license to use the iOS Application on any iPad, iPhone, Apple Watch, or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are expressly between you and P+PB only, and not with Apple, and P+PB, not Apple, is solely responsible for the Apps and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be P+PB’s sole responsibility; (e) P+PB, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property right, P+PB not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if you use an iOS Application, then Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If you are accessing the Apps through an app on an Android device, Google may, at any time and without notice, restrict, interrupt, or prevent use of the Apps, or delete the Apps from your Android device(s), or require P+PB to do any of the foregoing, without entitling you to any refund, credit, or other compensation from P+PB or any third party (including, but not limited to, Google or your network connectivity provider). Further, (a) P+PB, and not Google, is solely responsible for the Apps and the license granted herein; (b) Google has no obligation to provide maintenance and support for the Apps; (c) the Google Play marketplace is owned and operated by Google Inc., and your use of Google Play is governed by legal agreements between you and Google, not P+PB; and (d) Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Apps, or your possession and/or use of the Apps, including but not limited to: (i) consumer protection or similar legislation; (ii) any failure of the Apps to comply with applicable legal or regulatory requirements; or (iii) infringement of third party intellectual property rights.
All notices required or permitted to be given under the Terms must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to P+PB to Paper and Packaging Board, 8200 Greensboro Drive, #1175, McLean, Virginia 22102, Attn: President, and if to you, to the email and/or postal address associated with your Account or which you have provided to P+PB via anywhere in the Platform or via email or regular mail. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or email, on the second business day after deposit with the service. You may not send any notices under this Section to P+PB via email.
The Platform is provided by the Paper and Packaging Board. If you have any questions, comments or complaints regarding the Terms, the Platform or the Materials, please feel free to contact P+PB at: Paper and Packaging Board, 8200 Greensboro Drive, #1175, McLean, Virginia 22102, Attn: President, or via email at firstname.lastname@example.org (with the subject line “Questions, Comments or Complaints”).
Updated: August 3, 2020