Terms of Use

Website

These terms of use (“Terms of Use”) are for the online properties and offerings of the Flexible Packaging Association (“FPA”) including the website located at www.flexpack.org (the “Website”).  By using the Website, you agree to comply with and be bound by these Terms of Use.   Please carefully read these Terms of Use.  These Terms of Use constitute a legally binding agreement between you and the FPA regarding your use and access to the Website.  If you do not agree to these Terms of Use, you may not use the Website.

Modifications; Updates

You should review these Terms of Use regularly as they may change at any time at the FPA’s sole discretion. Your continued use of the Website following the posting of changes to the Terms of Use constitutes acceptance of those changes.  Modifications will be posted on the Website and the “last updated” date at the bottom of this page will be revised.

Scope of Use

Subject to your continued acceptance of, and compliance with, these Terms of Use, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website and the information, content, products, and services available on or through the Website (including the Downloadable Content further described below) (collectively, the “Materials”).  You may use the Website and the Materials for your personal, informational, non-commercial use and for no other purpose.  Except as expressly provided in these Terms of Use, you may not reproduce, modify, display, or distribute any Materials, or the design and layout of the Website, without the FPA’s prior written consent.  The FPA reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time.  The FPA may also impose limits on certain features of the Website or restrict access to any part or all of the Website without notice or penalty.

Rules of Conduct

It is a violation of these Terms of Use for you to:

  • use the Website or any Materials for illegal purposes or in violation of any applicable laws or regulations;
  • copy, sell, resell, or exploit for commercial purposes any portion of the Website or any Materials;
  • remove, obscure, or otherwise alter any proprietary notices appearing on the Website or on any Materials, including copyright, trademark, and other intellectual property notices;
  • use data from the Website or any Materials to send unsolicited commercial e-mails (SPAM);
  • use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any Website pages, content, or user information, except as expressly permitted by the FPA;
  • intentionally manipulate identifiers or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
  • interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction, or design;
  • provide any information that is not true, accurate, current, and complete when submitting information or materials on the Website;
  • take any action that imposes an unreasonable or disproportionally large load on the Website’s infrastructure; or
  • assist or permit any persons in engaging in any of the activities described above.

Login Credentials

Certain features and areas of the Website are available only to FPA members who login.  Each individual from an FPA member company/organization is required to select a unique login and password (“Login Credentials”) to access member-restricted features and areas.  You must keep your Login Credentials confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser.  Your Login Credentials are personal to you, and you may not allow any third party to use your Login Credentials under any circumstances.  The FPA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Credentials.  You must contact the FPA immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Credentials or if you otherwise wish to deactivate your Login Credentials.

Downloadable Content

Certain areas of the Website specifically allow users the option to download certain Materials (e.g., brochures, directories, guides, articles, reports, press releases) (“Downloadable Content”) intended for educational, informational, and training purposes.  Some Downloadable Content is only available to FPA members who login.  If Downloadable Content is made accessible to you on the Website, you may download such Downloadable Content provided that you (a) do not modify the Downloadable Content or create any derivative works using the Downloadable Content; (b) leave all copyright, trademark, and other intellectual property notices intact; (c) do not display or distribute the Downloadable Content without the FPA’s prior written consent; and (d) do not sell, resell, or otherwise exploit the Downloadable Content for commercial purposes. 

Products and Services

Information that the FPA publishes on the Website may contain references or cross-references to products, programs, or services, including, for example, illustrations/photos of third party products.  Any description or reference to non-FPA products, programs, or services on the Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, programs, or services by the FPA.  Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the FPA. 

Proprietary Rights

All trademarks, service marks, and logos on the Website and in the Materials are the property of their respective owners.  FPA owns various trademarks, service marks, and logos used on the Website and in the Materials, including without limitation, the FPA logo.  Unauthorized use of any FPA (or of any third-party) trademark, service mark, or logo may violate the FPA’s or a third party’s legal rights.  You must obtain the FPA’s written permission prior to using any trademark, service mark, or logo of the FPA. 

FPA and its licensors own all intellectual property rights in the Website and the Materials, except as otherwise expressly indicated.  The Website and the Materials are protected by United States and international copyright laws.  Any unauthorized use of the Website or the Materials may violate copyright laws and other laws and regulations. 

By transmitting content to the FPA or the Website, you grant the FPA a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content.

Third-Party Sites and Linking

As a convenience to users, the Website contains links to websites operated by third parties (“Third-Party Sites”).  The fact that the FPA provides a link to a Third-Party Site does not mean that FPA endorses, authorizes, or sponsors that Third-Party Site, nor that the FPA is affiliated with the Third-Party Site.  Third-Party Sites are not under the control of the FPA, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to the terms of use, privacy policy, and other restrictions of such corresponding third-party.  The FPA is not responsible for and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. 

Unless otherwise set forth in a written agreement between you and the FPA, you must adhere to the FPA’s linking policy as follows: (a) the appearance, position, and other attributes of the link may not be such as to damage or dilute the goodwill associated with the FPA’s name or any FPA trademark, service mark, or logo; (b) the link can not utilize any FPA trademark, service mark, or logo unless you’ve obtained the prior written approval of FPA; (c) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the FPA; (d) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Site; and (e) the FPA reserves the right to revoke its consent to the link at any time in its sole discretion. 

Violations; Termination of Usage

The FPA may terminate or suspend your access to all or part of the Website immediately and without notice for any conduct that the FPA, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of the FPA or any third party.  Upon termination, you must immediately cease use of the Website and its content.  The FPA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Website from a particular Internet address.

Additional Policies

Your use of the Website confirms and acknowledges your agreement to be bound by and comply with any of the FPA’s other polices and disclaimers governing the use of the Website that are posted on the Website or provided to you electronically or otherwise. 

Before using certain areas/features of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept, “I Agree,” “Yes,” or other words or actions that similarly acknowledge your consent or acceptance (“Click-Through Agreement”).  To the extent there is a conflict between these Terms of Use and any Click-Through Agreement, the Click-Through Agreement will govern with respect to use of  and/or access to that area/feature.

For information about the FPA’s use and protection of your personal information, please see the FPA’s Privacy Policy, which is available at www.flexpack.org/service/privacy/.  The FPA’s Privacy Policy is incorporated into and made a part of these Terms of Use.

No Warranties

THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT.  THE FPA DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATION OR OTHER MATERIAL TRANSMITTED TO OR FROM THE WEBSITE OVER THE INTERNET. THE FPA SHALL NOT BE OBLIGATED TO CORRECT OR UPDATE THE WEBSITE OR THE MATERIALS AND SHALL NOT BE LIABLE FOR OMISSIONS, TYPOGRAPHICAL ERRORS, OR OUT-OF-DATE INFORMATION WHICH MAY APPEAR ON THE WEBSITE OR IN THE MATERIALS. THE FPA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE FPA SHALL CREATE A WARRANTY OF ANY KIND.  YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM.  THE FPA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES. 

Limitation of Liability

YOUR USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK.  THE FPA SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE AND THE MATERIALS, EVEN IF THE FPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE, AND/OR THE MATERIALS, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE AND THE MATERIALS, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  YOU CONFIRM THAT THE FPA HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

Some jurisdictions do not allow exclusions of liability for certain types of damages.  Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.  In such cases, the FPA’s liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless the FPA and its affiliates, officers, agents, partners, members, and employees from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Website and the Materials, your violation of the Terms of Use, or your violation of any law or rights of a third party.  The FPA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the FPA in asserting any available defenses.

Governing Law

The laws of the State of Maryland shall govern these Terms of Use, without reference to its choice of law rules.  If there is any dispute about or involving the Website, you agree that the dispute will be resolved in a court located in the State of Maryland.  You agree to submit to the personal jurisdiction of the courts located in the State of Maryland for the purpose of litigating all such claims.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Compliance with Laws

Although accessible by others, the Website and the Materials are intended for access and use by U.S. residents only.  The FPA makes no claims regarding access or use of the Website or the Materials outside of the United States. If you use or access the Website or the Materials outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Miscellaneous

These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference and any Click-Through Agreement, set forth the entire understanding and agreement between you and the FPA with respect to the subject matter hereof.  The FPA’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms of Use will remain in full force and effect. 

Contact Us

If you have any questions about the Website or these Terms of Use, please contact us at fpa@flexpack.org.

These Terms of Use were last updated on March 25, 2016.

Terms of Use

Sustainability Logos

As a member of FPA, subject to the terms and conditions herein, which may be modified from time to time, you may download and use the Sustainability Logos on printed and in electronic materials. By clicking “I Accept” and downloading one or more of the Sustainability Logos, you agree to the following terms and conditions of use:

  • The Sustainability Logos are trademarks that are owned by FPA and are protected by federal, state, and common law trademark laws;
  • FPA, within its sole discretion, may monitor any and all uses by you of any or all of the Sustainability Logos, and you agree upon FPA’s request to provide samples of any and all Materials containing one or more of the Sustainability Logos to FPA at the address listed below within five (5) business days of such request by FPA;
  • You will use the Sustainability Logos only on and in connection with Materials that you developed or had developed, that do not contain copies of some or all of a work or works created by third parties (that was not assigned to you) or owned by third parties (without their express written permission in advance);
  • You will indemnify FPA against any and all claims and causes of action threatened and/or initiated by third parties based on your use of the Materials that contain one or more of the Sustainability Logos, including but not limited to claims of infringement of intellectual property rights of others, libel, and false advertising;
  • You will use the Sustainability Logos on or in connection with Materials that are made available to others free of charge;
  • You agree to use the Sustainability Logos in their entirety, not alter any of the Sustainability Logos in any way, and only in the form shown, both in terms of color (Pantone colors 280 and 355) and proper trademark notice (SM or ®); once FPA has been issued a registration for one or more of the Sustainability Logos in the United States, FPA will update these guidelines to replace the SM symbol with the federal registration symbol, ®.
  • You will use the logo secondary, in size, prominence and placement, to the name and logo of your organization.
  • FPA, as a trade association, and use of the Sustainability logos, does not endorse the products, services, or technology of individual companies.”
  • You will review this web page periodically to check for updates to these terms and conditions; and 
  • You will cease any and all uses of any and all of the Sustainability Logos within ten (10) days of any such request by FPA.