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.
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.
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.
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
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:
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:
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.
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
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