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Terms of Use

Effective Date: 

May 18, 2022

USER AGREEMENT

Welcome to the Alternative Packaging Solutions (“APS”, “we”, “us” or “our”) website (“Website”).  By accessing the Website, you agree to comply with these binding Terms of Use (“User Agreement”) between you and APS, which governs your access and use of the Website and is a legally binding agreement between you and APS.  If you do not accept the terms and conditions of this User Agreement, do not use the Website.  Your use of the Website indicates your full acceptance of this User Agreement in its then-current form each time you use the Website.  APS reserves the right to change the terms and conditions of this User Agreement at any time.  If we change this User Agreement, we will give you notice by posting the revised User Agreement on the Website.  The changes will go into effect on the effective date shown in the revised User Agreement.  If you do not agree with the changes in the User Agreement, your sole remedy is to discontinue the use of the Website.  By continuing to use the Website after the new effective date, you agree to be bound by such changes.

USER CONDUCT

You agree not to access, use or otherwise exploit the Website or any content provided through the Website to perform (or have performed) any activity that:

  • constitutes an illegal or tortious act;
  • harms other persons, including without limitation minors, or infringes or otherwise violates their rights, including their right to privacy; 
  • involves content that is fraudulent, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, pornographic, obscene, unlawfully threatening, or unlawfully harassing to any individual or entity;
  • includes political activism or the dissemination of propaganda;
  • involves active commercial prospecting;
  • infringes or otherwise violates any intellectual property rights or any other proprietary rights of any third party (including ours);
  • involves the access, use, copying or other exploitation of any portion of the Website or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
  • involves the upload of any content containing any virus, malware, ransomware or any other program that could damage data, software, or computer hardware;
  • involves the transmission, storage, or upload of hyperlinks or content for which you do not have all rights to do so, such as where uploading of such hyperlinks or contents are in breach of confidentiality obligations; or
  • involves the distribution of advertising or unsolicited spam or incorrect warnings of viruses, defects, or similar material.

INFORMATIONAL PURPOSES ONLY

The information that we provide is for your information only.  Some information provided may not be current, or may have changed since the last time you viewed or downloaded it.  All information is subject to change without notice.  We do not in any way represent or warrant the accuracy, reliability or completeness of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below and the terms set forth in this User Agreement.

If you use or rely on content received through the Site, you do so solely at your own risk.

OWNERSHIP AND PROPRIETARY RIGHTS TO CONTENT

The Website is owned and operated by APS.  Any claims or concerns regarding the Website should be addressed to info@theapscompany.com

You acknowledge and agree that the Website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.  The Website and the content of the Website is exclusively the property of APS or that of our suppliers or licensors and is protected by U.S. and international copyright, trademark and other intellectual property laws, as applicable.  You may not modify, copy, remove, delete, augment, add to, publish, transmit, participate in the transfer of, license, sell, create derivative works from, or in any way exploit any of the Website or the content therein, in whole or in part.  You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.

TRADEMARKS

All other trademarks, product names and company names and logos appearing on the Website are the property of their respective owners, and may be used only with the permission of the particular owner.

PRIVACY

APS may collect and store and personal information that you knowingly provide to us, including your name, phone number, email address, and any other personal information you may provide to us through our “Contact Us” feature. We also may collect certain information via automated means when you use the Website, such as via cookies, web server logs and web beacons. The information we collect by automated means may include your IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, and dates and times of website visits.  We may use information we collect to respond to your communications, inquiries and requests, customize our users’ visits to the Website, manage our business, and help diagnose technical and service problems.

DISCLAIMERS

You expressly understand and agree that:

(a) Your use of the Website is at your sole risk.  The Website is provided on an "as is" and "as available" basis.  To the fullest extent permissible pursuant to applicable law, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) We do not warrant or represent that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be complete, accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the Website will meet your expectations, (v) the server that makes the Website available is free of viruses or other harmful components; or (vi) any errors in any software, in the Website, or in any content contained on the Website will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material.  You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.

(d) No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this User Agreement.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The failure of APS to comply with any provision of this User Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of APS (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this User Agreement.

INDEMNIFICATION AND RELEASE

To the maximum extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless APS and its affiliates, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with (a) any violation of this User Agreement, including without limitation, your access to or use of the Website in violation of this User Agreement, (b) your misuse of any material, data, or other information obtained through the Website and your misuse of the Website, (c) any allegation that you have infringed or otherwise violated the intellectual property or other proprietary rights of any third party in connection with your use of the Website, or (d) any violation by you of applicable law.   APS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with APS in the defense of such claim at your own cost.  If you are a resident of another jurisdiction other than the United States of America, you agree to the foregoing and waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction.  This indemnity and release obligation survives the termination or expiration of this User Agreement indefinitely.

LIMITATION OF LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICE YOU RECEIVE THROUGH IT, OR WITH ANY OF PORTION OF THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

APPLICABLE LAW

This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law.  You agree that any action at law or in equity that arises out of or relates to your use of the Website will be filed only in the state or federal courts located in New York, New York, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

Additionally, notwithstanding anything in the foregoing to the contrary, we may bring a claim for equitable relief arising out of or related to this User Agreement in any court of competent jurisdiction but you must file it only in the state or federal courts located in New York, New York. If a proceeding is commenced to resolve any dispute that arises between the parties with respect to the matters covered by this User Agreement, the prevailing party in that proceeding is entitled to receive its reasonable attorneys’ fees, expert witness fees and out-of-pocket costs, in addition to any other relief to which that prevailing party may be entitled.

INTERNATIONAL USE

We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

OTHER THIRD-PARTY WEBSITES

The Website may contain links to websites controlled and maintained by third parties.  We do not have any control over the content of these websites, and we assume no liability or responsibility for such sites, the content contained in them, or the manner in which any information collected on such sites is used.

TERMINATION

We may terminate your access, or suspend any user's access to all or part of the Website, without notice, for any reason.

MISCELLANEOUS

This User Agreement, together with the Privacy Policy and any additional terms or conditions provided to you when using the Website, constitute the entire and exclusive and final statement of the agreement between you and APS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and APS with respect to such subject matter. The failure of APS to exercise or enforce any right or provision this User Agreement shall not constitute a waiver of such right or provision.  If any provision of this User Agreement should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this User Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.  This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by APS without restriction. Any transfer or assignment by you in violation of the foregoing shall be null and void. 

You hereby consent in advance to such assignment, which will become effective upon written notice to you, and accept that APS will not be liable for the performance of this User Agreement following such assignment.