| THIS AGREEMENT CONTAINS THE COMPLETE TERMS AND CONDITIONS ON WHICH INPLASTICS.com ("INPLASTICS") ALLOWS PERSONS AND BUSINESSES ENTITIES TO ACCESS AND USE THE INPLASTICS “MEMBERSHIP” AND INPLASTICS "MARKET MONITOR" BY PRESSING THE "I ACCEPT" BUTTON BELOW, YOU AND/OR YOUR ENTITY ("USER") ACCEPTS THE TERMS BELOW.
1. GENERAL
1 (a). User Agreement to Terms and Conditions: The on-line resources, content, and all other material, information, products and services offered on or accessible through any page of the INPLASTICS.com website are made available to you subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual INPLASTICS website.
1 (b). Changes to Terms and Conditions: INPLASTICS may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site. Please direct any questions with respect to the Terms and Conditions to:
INPLASTICS SERVICES, S.A
2. ACCOUNT REGISTRATION, SECURITY AND USE
2 (a). User Name and Password: As part of the registration process, Subscriber will select a User Name and Password. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that INPLASTICS, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.
2 (b). Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at INPLASTICS' sole discretion, and INPLASTICS may refer you to appropriate law enforcement agencies. You shall notify INPLASTICS of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
3. SUBSCRIPTION FEES AND PAYMENTS
3 (a). Payments: Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. Unless otherwise stated, all fees are quoted in Euros
3 (b). Valid Credit Card: Subscriber agrees to use a valid, authorized credit card issued to Subscriber (or Subscriber's paying organization) for all fees, taxes and other charges associated with Subscriber's account, and to provide INPLASTICS updated credit card information as required.
3 (c). Non-Payment: INPLASTICS reserves the right to cancel Subscriber's account if it cannot receive payment or if payment information is fraudulent.
3 (d). Cancellations: Subscribers may cancel their subscription and request a money refund for their INPLASTICS "Membership" and/or INPLASTICS “Market Monitor” subscription from INPLASTICS within the first thirty (30) days (the "Cancellation Date") after the date of subscription. No requests for refunds will be accepted after the Cancellation Date. Cancellation and refund requests can be made the "Membership” link on INPLASTICS or by contacting info@inplastics.com via e-mail.
4. CHANGES IN PRODUCTS, SERVICES, TERMS AND CONDITIONS AND SUBSCRIPTION FEES
4 (a). Changes in Service: INPLASTICS may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. INPLASTICS may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
4 (b). Changes to Terms and Conditions: INPLASTICS reserves the right to modify these Terms and Conditions from time to time, without notice. You should review these Terms and Conditions from time to time so you will be apprised of any changes.
4 (c). Price Changes: INPLASTICS reserves the right to change Subscription Fees upon reasonable notice; however, INPLASTICS will not change a Subscription Fee during the term of a paid subscription.
5. ACCESS, AVAILABILITY AND USAGE OF CONTENT, SERVICES AND LINKS
5 (a). Third-Party Content: INPLASTICS does not control the content posted on web website to which it provides links and as such does not guarantee the accuracy, integrity or quality of such content. INPLASTICS encourages you to exercise discretion while using the Products and Services to browse the Internet. INPLASTICS may produce automated search results or otherwise link you to website containing information that some people may find inappropriate or offensive. INPLASTICS makes no representations concerning any effort to review the content of any of the website listed in automated search results, guides or other directories, or of any of the website otherwise linked to INPLASTICS website. INPLASTICS shall not be held responsible for the accuracy, infringement or misappropriation of any intellectual property rights, legality, or decency of material contained in any external website or otherwise linked to the INPLASTICS Website or provided to the INPLASTICS Website by third parties. You acknowledge and agree that INPLASTICS is not responsible for the availability of such external website or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such website or resources. You further acknowledge and agree that INPLASTICS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such site or resource.
5 (b).Professional Information: INPLASTICS makes available certain information provided by third parties related to various fields. INPLASTICS does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the INPLASTICS Site is made available subject to INPLASTICS's Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.
5 (c).Copyright: The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from INPLASTICS or the copyright holder identified in the copyright notice contained in the Content.
6 . REPRESENTATIONS AND WARRANTIES
6 (a). Subscriber Representations: Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless INPLASTICS and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim.
6 (b). Subscriber's Own Risk: INPLASTICS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the INPLASTICS Website by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
7 . PRIVACY
Click http://www.inplastics.com//index.asp to review INPLASTICS's privacy policy.
8 . DISCLAIMER OF WARRANTIES
INPLASTICS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of the Products and Services and any information or material contained therein. INPLASTICS disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. INPLASTICS disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INPLASTICS DISCLAIMS ANY WARRANTIES RELATING TO THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INPLASTICS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. INPLASTICS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9 . LIMITATION OF LIABILITY
9 (a). Use and Content: UNDER NO CIRCUMSTANCES SHALL INPLASTICS BE LIABLE TO ANY USER OF THE INPLASTICS SITE ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF INPLASTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE INPLASTICS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
9 (b). Service Issues: Under no circumstances shall INPLASTICS be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its sole control, including, without limitation, Internet failures or performance levels, viruses, hackers, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
9 (c). Third-Party Content: Any website displayed as search results, otherwise linked to the INPLASTICS Website, or operated or provided to the INPLASTICS Website by third parties are developed by people over whom INPLASTICS exercises no control. INPLASTICS cannot and does not screen website before including them on the INPLASTICS website or in the catalogs from which automated search results are gathered. Accordingly, INPLASTICS assumes no responsibility for the content of any site included in any search results or otherwise linked to a INPLASTICS Site.
10. NO LICENSE
Except as otherwise expressly provided, nothing herein shall be construed as conferring any license under any of INPLASTICS's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
11. COPYRIGHT, TRADEMARK AND PATENT NOTICES
INPLASTICS is a registered trademark of INPLASTICS Holdings, Inc.. All other marks that appear throughout the Products and Services belong to INPLASTICS or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of INPLASTICS or the owner of the mark, as appropriate, is strictly prohibited.
The copyrights to the content, format, arrangement, design and look and feel of this service are owned by INPLASTICS and/or the Information Providers. Except for a single temporary copy in a single computer's memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, displayed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without INPLASTICS's and the Information Providers' express prior written consent.
12. GOVERNING LAW AND FORUM FOR DISPUTES
All legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Washington applicable to contracts entered into and wholly to be performed within said state. The state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Washington with respect to all such disputes.
13. INDEMNITY AND RELEASE
By using the INPLASTICS website you agree to indemnify INPLASTICS and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including without limitation attorneys' fees, arising from or based upon your use of a INPLASTICS Site. By using the INPLASTICS Site you hereby agree to release INPLASTICS and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any of them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
14. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of INPLASTICS, INPLASTICS reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the web pages of the INPLASTICS Website. If INPLASTICS should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. If you are aware of any violations of these Terms and Conditions, please report them to:
INPLASTICS SERVICES, S.A
info@inplastics.com
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