TERMS OF USE


THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE, A WAIVER OF COLLECTIVE OR CLASS ACTIONS AND A LIMITATION ON REMEDIES AND DAMAGES.  PLEASE READ THEM CAREFULLY


Central National-Gottesman Inc., for itself and BranchForty LLC, Distinct Packaging, Distinct Papers, and other divisions, subsidiaries and affiliates (“we” or “us” or “our”), own and maintain web sites. These Terms of Use are applicable to all of our websites, whether a sponsored site, managed through a third party vendor or hosted by a third party (referred to hereafter as the "Site" or the "CNG Web Sites"). These Terms also apply to any resources and tools provided through any of the CNG Web Sites, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. These Terms apply to all the CNG Web Sites, both now and in the future. Hereafter, all the materials covered by these Terms of Use will be referred to as the "Materials."

The Site is provided for your convenient access to information about our family of companies and products, the latest trends in the paper, printing, customized packaging and design industries, as well as news and industry links in the pulp and paper industry, tips and tricks for designing paper, and opportunities to order various products and services.

Use of the Site and the services provided herein is available to our users (“you” or “your”) subject to the following terms and conditions of use (“Terms of Use”). For the purposes of this agreement, if the user is not an individual, then “you” and “your” will include the user’s company, its officers, employees, members, agents, successors and assigns. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in those areas and, together with these Terms of Use, govern your use of those areas. These Terms of Use, together with any such additional terms and conditions, are referred to as the “Agreement”. This Agreement also incorporates by reference the terms of our Privacy Policy.  Your use of the Site constitutes agreement to its terms and conditions as well.

PLEASE READ THIS AGREEMENT CAREFULLY. Your access to the Site is subject to your acceptance of the terms of conditions set forth in this Agreement, and your use of the Site will constitute your binding acceptance of this Agreement and all applicable laws and regulations. We reserve the right, in our sole discretion, to change or modify this Agreement at any time by posting new or revised terms on the Site. You can find the most recent version of these Terms of Use with the date of last modification noted below. Such modifications shall become effective immediately upon posting, so check back often. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of this Agreement, as may be amended from time to time. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

Content

All content, design, information, text, code and software, images, photographs, audio and video clips, scripts, graphics, links, interactive features and other material and files (collectively, the “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are protected by copyright, trademark, or other proprietary rights of ours or those of third parties. Central National-Gottesman and BranchForty LLC, are either registered trademarks, trademarks, tradenames, service marks, or otherwise protected property of Central National-Gottesman Inc., or used under license or otherwise, and all rights are specifically reserved. Except as otherwise expressly provided herein, Content on this Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with, and keep intact, any copyright notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessible through the Site.


You may download or copy Content owned by us solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on the Site, do not download or copy it without first contacting us (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, download, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, rearrange, redistribute, alter, adapt, crop, resize, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by us and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, us (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause.

We specifically prohibit, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by us or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

Registration Obligations

To access certain resources available through the Site, you will be required to register by completing a registration form and designating a username, password and/or other registration information (“Registration Data”). During registration, you agree to: (a) provide true, accurate, current and complete Registration Data about yourself as prompted by the registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Registering with the Site will signify your agreement that all Registration Data provided is complete, accurate and up-to-date, and your acknowledgement that you are responsible for updating your Registration Data as necessary. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.

You may not authorize any third party to use your Registration Data, nor may you sublicense, transfer, sell or assign your Registration Data and/or this Agreement to any third party without our prior written approval. Any such transfer made without our prior written approval will be null and void and a material breach of this Agreement.

You are responsible for maintaining the confidentiality and security of your Registration Data, and are solely responsible for the use of and all activities that occur under your Registration Data. You agree to notify us immediately and in no event later than 24 hours after any unauthorized use of your Registration Data or any other breach of security. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Without limiting the foregoing and for the avoidance of doubt, we reserve the right to terminate your account without prior notice if your Registration Data contains any untruthful or inaccurate information. The collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy.

User Conduct

We may provide interactive activities on the Site such as user galleries, articles or blog comment posting areas or bulletin boards (also known as message boards), collectively identified as “Interactive Areas,” for the enjoyment of our visitors. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate our intellectual property rights or the intellectual property rights of others.

Content posted by users and contributors other than us (“user content”) is generally not reviewed. Nonetheless, we reserve the right to change, delete, or remove, in part or in full, any postings in Interactive Areas, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, we shall have the right to remove any user content we have reason to believe may infringe the rights of a third party. We reserve the right, in our sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit our response to a future occurrence. You acknowledge and agree that we shall not assume or have any liability for any action or inaction on our part with respect to any user posting. Users shall remain solely responsible for user postings and any material or information transmitted to other users or interaction with other users.


Any submissions or postings by visitors to parts of the Site, including Interactive Areas, without limitation, will be public and posted in public areas on the Site. We, our affiliates, subsidiaries, and our and their officers, directors, employees and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or user content posted, uploaded or transmitted in these Interactive Areas. We reserve the right, at any time, in our sole and absolute discretion and for any reason or no reason, to delete any user content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.

We do our best to discourage disruptive communication from users, including statements that incite others to violate our policy. We encourage your participation in upholding our standards. You are responsible for all Content that you post, e-mail, transmit, upload or otherwise make available through our Site. We reserve the right to terminate your access to and use of the Site, if, in our view, your conduct fails to meet any of the following guidelines:

is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or
infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; or
contains unauthorized advertising or solicits other visitors; or
is intended by the visitor to interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware or Content on this Site.

We strive to make our Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Site, in our sole discretion, in addition to any other remedies. As stated above, we may also post additional guidelines and/or code of conduct for certain Interactive Areas and any such additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and this Agreement, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable user content or have any questions about the code of conduct, please contact us


Copyright/Intellectual Property

We respect the intellectual property of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who may be infringing our intellectual property rights and/or the intellectual property rights of others; however, we have no responsibility for content on other websites that you may find or access through the Site. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of such third-party sites, and not the terms and conditions of this Agreement, govern your use of that material.

Notices and Disclosures

Exclusions of Warranty: The Materials and CNG Web Sites are provided by Central National-Gottesman Inc. and/or its worldwide direct or indirect divisions, subsidiaries and affiliates ("CNG") as a service to its customers and are for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE CNG WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL CNG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF CNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT CNG AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

IN NO EVENT SHALL CNG AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, VALUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY CNG WEB SITE.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES CNG MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE CNG WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THESE LIMITATIONS ON CNG'S LIABILITY SHALL APPLY WHETHER OR NOT CNG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

Indemnification: You agree to indemnify and hold CNG and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the CNG Web Sites or Materials, your use of the CNG Web Sites or Materials, your connection to the CNG Web Sites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

Accuracy and Completeness: CNG does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the CNG Web Sites or Materials.

Changes and Updates: CNG reserves the right to modify or discontinue, temporarily or permanently, CNG Web Sites or Materials (or any part thereof) with or without notice.

CNG may make changes to CNG Web Sites or Materials, or to the products described therein, at any time without notice.

CNG makes no commitment to update the CNG Web Sites or Materials.

DISPUTES; WAIVER OF COLLECTIVE ACTION


Any dispute or claim relating in any way to your use of the CNG Web Sites, or to any products or services sold or distributed by CNG, Distinct Packaging, Distinct Papers or any CNG Web Sites, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.  There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.


To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Distinct Packaging or Distinct Papers, 3 Manhattanville Road, Purchase NY 10577, Attn: General Counsel. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


Governing Law; Severability

By using any CNG Web Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and CNG, Distinct Packaging or Distinct Papers.   If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.