Terms of Use

Last Updated: March 12, 2021

By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with these Website Terms and Conditions. Progressive Packaging reserves the right, in its discretion, to update or revise these Website Terms and Conditions and to post such updates on this site.

Grant of License

Progressive Packaging grants to you a limited, nonexclusive, revocable license to access (via a unique user name and password) the Web Site. All property and intellectual property rights in the Web Site or the information contained therein remains in the possession of Progressive Packaging. Any unauthorized use of the Web Site, its content or any portion or derivative thereof shall terminate any license or permission granted by Progressive Packaging.

Transfer

The license is nontransferable. You may not rent, lease, sell, lend, distribute or give your user name and password to any other person or entity. You may not use the user name and password for the benefit of any other person or entity. Allowing, encouraging, assisting or directing other individuals or entities to access the Web Site is in violation of this Agreement. We reserve the right to terminate the Agreement if individuals or entities other than you access the Web Site under your user name or password.

Assignability

This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.

Confidentiality

You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others may not access the Web Site using your user name and/or password without our permission. If you believe someone has accessed the Web Site using your user name and password without your authorization, you agree to contact us immediately by calling Progressive Packaging at (866) 777-4139 or emailing us at [email protected]

Content

You agree not to copy the Web Site contents (or any portion thereof) (“Content”) and provide it to any other person or entity. You agree not to rearrange or modify the Content of the Web Site. You agree not to create abstracts from, scrape or display the Content for any purpose unrelated to your business with Progressive Packaging.

Termination

Progressive Packaging may temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Web Site, without notice, for any reason in Progressive Packaging’s sole discretion. Your rights under this Agreement will terminate automatically without notice from Progressive Packaging if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the user name and password provided to you.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Progressive Packaging and this Agreement must be filed in a federal or state court located in New Jersey, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of Progressive Packaging to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Dispute Resolution

Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Morris County, New Jersey, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Miscellaneous

Progressive Packaging reserves the right to change the terms of this Agreement at any time in its discretion and to notify users of any such changes solely by changing this Agreement. Your continued use of the Web Site after the posting of any amended Agreement shall constitute your agreement to be bound by any such changes. Progressive Packaging may modify, suspend, discontinue or restrict the use of any portion of Progressive Packaging website, including the availability of any portion of the Content at any time, without notice or liability. Progressive Packaging may deny access to the Web Site to any person, entity, or user at any time for any reason. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content and all other provisions for which survival is equitable or appropriate. This Agreement contains the final and entire agreement between us regarding your use of the Web Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Web Site.

ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY PROGRESSIVE PACKAGING.