Legal

Protexic Brands
CONDITIONS OF USE


Welcome to the Protexic Brands website. The following Conditions of Use (the "Conditions") govern your access to and use of this website. Please review the Conditions carefully.

WHO WE ARE

This website is owned and operated by Protexic Brands. We welcome questions, comments, or other communications regarding these conditions, or about any other aspect of our website. We can be reached at:

Protexic Brands
800 Fifth Avenue
New Brighton, PA 15066
Email: info@protexic.com


PRIVACY

Please review our Privacy Policy which governs all visitors and users of the website. By using this website, you accept and consent to the practices described in the Privacy Policy.

COPYRIGHT

All content included on this website, such as text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, user interface, software, is the property of Protexic Brands, its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of SCA Packaging North America and protected by United States and international copyright laws. All software used on this website is the property of Protexic Brands, its affiliates or its software suppliers and protected by United States and international copyright laws.

This website and the information contained herein are for information purposes only. Any reproduction, copying, redistribution, sale, or other exploitation for commercial purposes without express written consent of Protexic Brands of any information or materials contained in or design elements of this website, other than as expressly provided below, is strictly prohibited without the prior written consent of Protexic Brands. You may not mirror, modify, or otherwise alter any files in this website for rebroadcast or for printing without prior written permission from SCA Packaging North America. Requests for permission to reproduce any information contained on this website should be addressed to Protexic Brands at the address provided in the "Who We Are" section.

Notwithstanding the foregoing:

  1. you are authorized to make one (1) electronic or paper copy of the information published on this website, provided that the copy is used solely for non-commercial personal purposes; and
     
  2. authorized distributors are authorized to electronically copy documents published on this website for the benefit and use by their customers and potential customers;
     
provided that any such copies remain protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the website. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any SCA Packaging North America copyright, patent, or trademark.


OBLIGATIONS AND PROHIBITED USES

Subject to the Conditions, Protexic Brands grants you a limited license to access and make use of this website and not to download (other than page caching) or modify it, or any portion of it, except as provided in the Copyright section of these Conditions or with the express written consent of Protexic Brands. This license does not include any resale of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You are required to comply with all applicable law in connection with your use of this website, and such further limitations as may be set forth in any written or on-screen notice from Protexic Brands. As a condition of your use of this website, you warrant that you will not use the website for any purpose that is unlawful or that is prohibited by these Conditions. Any unauthorized use terminates the permission or license granted by Protexic Brands.

Without limiting the foregoing, you agree not to:
  1. use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the website, or for purposes of registering for any promotions offered through the website;
     
  2. delete or revise any material or other information of any other user or Protexic Brands;
     
  3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
     
  4. take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure;
     
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this website;
     
  6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the website other than the search engine and search agents available from Protexic Brands on the website and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
     
  7. allow any other person or entity to use your username or password for accessing the website; or
     
  8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.
     
You further agree not to violate or attempt to violate the security of the website, including, without limitation:
  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
     
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
     
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the website;
     
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
     
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
     
Violations of system or network security may result in civil or criminal liability. Protexic Brands will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. SCA North America also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

COMMUNICATION AND PROVISION OF INFORMATION

Should you choose to provide information to Protexic Brands -- including but not limited to comments, questions, suggestions, ideas or the like relating to this website or SCA North America products and services - either through this website or by communicating directly with Protexic Brands by way of email, mail, telephone, or other means, you agree that such information shall be deemed as non-confidential and Protexic Brands shall have no obligation to respond. All such information shall become the sole and exclusive property of Protexic Brands and, as such, Protexic Brands shall be free to reproduce, use, modify, adapt, publish, translate, create derivative works from, disclose, distribute, perform and display such information anywhere, for any purpose, and in any form, media or technology now known or later developed without limitation. In addition, Protexic Brands shall be free to use any ideas, concepts, know-how, or techniques contained in any information you send for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. Protexic Brands shall not be obligated to compensate in any manner the person sending such information.

You warrant and represent that any information you provide to Protexic Brands either through this website or by means of direct communication does not violate these Conditions and that use of it will not cause injury to or infringe or violate the rights of any person or entity. Without limiting the foregoing, you warrant and represent that any personally identifiable information you provide about customers, employees, or others is provided in accordance with national laws to which you are subject.

COPYRIGHT COMPLAINTS

Protexic Brands and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Protexic Brands and its affiliates that you believe that your copyrighted material has been infringed.
  • An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
     
  • Identification of the copyrighted work that you claim has been infringed;
     
  • Identification of the allegedly infringing material, and where it is located on the website;
     
  • Your name, address, telephone number, and, if available, an e-mail address;
     
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
     
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
     


    • The foregoing information should be sent to:

Protexic Brands will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

OTHER BUSINESSES

We may provide links to the websites of affiliated companies and certain other businesses. We do not control, are not responsible for examining or evaluating, and do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their websites, including, without limitation, links contained on such websites, or any changes or updates to such websites. Protexic Brands provides these links only as a convenience and is not responsible or liable for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

ACCEPTANCE OF TERMS
  1. Electronic Signature. These Conditions are an electronic contract that governs your use of the website. When you use this website, you agree to the terms, provisions and notices contained or referenced in these Conditions.
     
  2. Electronic Form. When you use this website, you also consent to have these Conditions provided to you in electronic form.
     
ACCESS AND RETENTION

In order to access and retain these electronic Conditions, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of these Conditions for your records. To retain an electronic copy of these Conditions, you may save it into any word processing program.

We will notify you of any changes in the hardware or software requirements needed to access and/or retain these Conditions that create a material risk that you will not be able to continue to access and/or retain these electronic Conditions.

DISCLAIMER OF WARRANTIES

THE INFORMATION IN THIS WEB SITE, INCLUDING TEXT, IMAGES AND LINKS, IS PROVIDED BY PROTEXIC BRANDS ON AN "AS IS" AND "AS AVAILABLE" BASIS SOLELY AS A CONVENIENCE TO USERS OF THIS WEBSITE. PROTEXIC BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCA NORTH AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (iv) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SCA NORTH AMERICA OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, PROTEXIC BRANDS DOES NOT WARRANT (i) THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SCA NORTH AMERICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; OR (iii) THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM INTERRUPTION, DEFECT, OR DELAY IN OPERATION.

PROTEXIC BRANDS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR OTHER DOCUMENTS OR SITES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. THIS WEB SITE COULD INCLUDE TECHNICAL, SPECIFICATION, OR OTHER INACCURACIES, AND NOT ALL PRODUCTS OR SERVICES MENTIONED OR SHOWN IN THIS WEB SITE ARE AVAILABLE IN ALL AREAS. SPECIFICATIONS, IF ANY, WITH RESPECT TO COMPETITOR PRODUCTS REPRESENT PROTEXIC BRANDS' BEST EFFORT TO REPORT INDUSTRY SPECIFICATIONS ACCURATELY. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION, AND SCA NORTH AMERICA RESERVES THE RIGHT TO CHANGE ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

IN NO EVENT WILL PROTEXIC BRANDS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY WEBSITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROTEXIC BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SCA NORTH AMERICA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Protexic Brands, you agree to defend, indemnify and hold harmless Protexic Brands and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this website, your use of the website, your violation of these Conditions or your violation of any rights of another.

RESTRICTIONS

You will not export or re-export, directly or indirectly, any information contained on this website into any country prohibited by the United States Export Administration Act and regulations thereunder. You acknowledge that if you download any information from this website, you are not located in a country into which the export of such information is prohibited by the United States Export Administration Act and regulations thereunder.


TERMINATION

Protexic Brands reserves the right, in its sole discretion, to refuse service, terminate accounts, or remove or edit content, with or without notice. Any unauthorized use of this website automatically terminates any permission or license granted by Protexic Brands to use this website.

Copyright 2006 Protexic Brands. All rights reserved.
© 2008 Protexic Brands Email Us Legal Privacy