THIS SITE IS INTENDED TO BE ACCESSED OR USED SOLELY BY BUSINESS ENTITIES AND NOT INDIVIDUAL CONSUMERS. ALL TRANSACTIONS CONDUCTED THROUGH THIS SITE ARE INTENDED TO BE TRANSACTIONS SOLELY BETWEEN BUSINESS ENTITIES AND NOT INDIVIDUAL CONSUMERS.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY O-I PACKAGING SOLUTIONS LLC. AND ITS AFFILIATES (COLLECTIVELY, “O-I”) AND GOVERN YOUR USE OF ANY PART OF THE WEBSITE, DIGITAL SERVICE OR OTHER SYSTEM OR SITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY O-I (COLLECTIVELY, THE “SITE”). THESE TERMS SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCESS ANY PART OF THE SITE OR USE ANY OF THE FUNCTIONALITY PROVIDED THROUGH THE SITE.
BY ACCESSING OR USING THE SITE OR BY OTHERWISE ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THAT THESE TERMS GOVERN YOUR USE OF THE SITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THIS SITE. PLEASE REFER TO THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION 21 BELOW FOR MORE INFORMATION.
We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If we make any material changes to these Terms, we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.
You represent that you are at least 18 years of age (or the age of majority in the State or Country in which you reside). If you are under the age of 18 (or the age of majority in the State or Country in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms. This Site is not intended for, and you may not use this Site if you are under 13 years of age.
Please note that certain products, services, or other offers of O-I may be governed by additional or separate terms, conditions or policies. In some instances, there may be terms applicable based on the region where you are located. If you wish to review the terms and conditions that apply to these various regions, check the page with the heading “Legal” on O-I’s website or contact us through any of the methods detailed below. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations that apply to your purchase and use of any O-I product or service. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, or other offers, as may be further explained in such terms, conditions or policies.
The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). O-I does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. Such Third Party Materials are provided solely as a convenience to you, and O-I is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to this Site, you do so at your own risk. The Third Party Material may be subject to their own license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. YOU AGREE THAT O-I IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD PARTY MATERIALS ACCESSIBLE THROUGH THE SITE AND YOU UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH THIRD PARTY MATERIALS.
This Site, and the documents available through this Site, contain forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. Words such as “intends,” “will,” “may,” “estimates,” “plans,” “anticipates,” “believes,” “expects,” “could” or other similar words or expressions are typically used to identify forward-looking statements. Forward-looking statements are subject to risks, uncertainties and other factors that are difficult to predict and that may cause actual results or outcomes to differ materially from those expressed or implied by such forward-looking statements. Factors that could cause results to differ materially from those in the forward-looking statements are detailed from time to time in reports filed by O-I with the SEC. Forward-looking statements reflect the current views of O-I’s management and assumptions based on information currently available to management. Forward-looking statements speak only as of the date they are made and O-I expressly disclaims any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
O-I reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which O-I may be entitled at law or in equity.
Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. O-I reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. Any terms which are intended to survive termination on account of their nature shall survive any termination of these Terms.
We try to describe and display the features of all of the products and services shown on the Site as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current or entirely error-free. We may make changes to the Site at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations.
All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of O-I and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, O-I grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal, non-commercial use and solely in compliance with all laws and regulations that apply to you, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. O-I may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without O-I’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.
We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site, you will not:
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by O-I in its sole discretion.
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to O-I. The use of these marks, except as provided in these Terms, is prohibited. From time to time, O-I makes fair use in the Contents of trademarks owned and used by third parties. O-I makes no claim to ownership of those marks.
You may not use O-I’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, such as gift cards, for promotional, advertising or any other commercial purpose, unless and to the extent O-I specifically agrees in writing.
O-I welcomes your comments and contributions to our Site. However, you acknowledge that if you send or submit to O-I any suggestions, ideas, comments, photos, videos, recipes, or other user-generated content (collectively, “Submissions”) through or in connection with the Site, including on the Service’s interactive features, such as product reviews, message boards or on third party social media platforms (through your use of promotional hashtags designated by O-I), you are granting O-I a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Submission for any purpose whatsoever, without restriction and without compensating you in any way. You also grant and are authorized to grant O-I the right to use, without consideration, any name or likeness you submit with any Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to O-I.
You should not send us any Submission that you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and O-I is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.
You represent and warrant that (i) you own or otherwise control all the rights in any Submission you submit, and (ii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify O-I for all claims resulting from Submissions you submit to the Site.
As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site:
O-I is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to O-I; accordingly, O-I has an absolute right to remove any material available through the Site in its sole discretion at any time. O-I reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.
If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent:
Name of Copyright Agent: Stephen L. Scharf
Title of Copyright Agent: Senior Director Intellectual Property
Mailing Address: One Michael Owens Way, Plaza 1, Perrysburg, Ohio 43551 USA
Email Address of Copyright Agent: [email protected]
Telephone of Copyright Agent: (567) 336-1443
You must include the following items in your complaint:
In order to use certain features or functionality of the Site, including online purchases, you may be required to establish an account with us (an “Account“). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you, including purchases. You shall notify us immediately of any unauthorized use of your Account login credentials. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.
When you sign up for an Account through the Site, you have, by default, “opted in” to receiving promotional emails from O-I. You may at any time opt out of receiving such promotional emails by logging into your account and adjusting your profile settings, or by using the opt-out functionality embedded in such promotional emails. We may communicate and transact with you electronically through the Site or through other electronic means.
Availability of Products and Features
All products and services, including availability, prices, charges and fees in effect, are subject to change at any time without notice. O-I reserves the right, with or without prior notice, to limit the availability of or discontinue any product or service; to restrict or cancel any purchase; and to refuse any order made by you. Certain products and services are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a particular product that you may order.
The prices applicable to your order will be those in place on the date the order was placed. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. In the event a product or service is listed at an incorrect price due to a typographical or other error, O-I shall have the right to cancel any orders for products or services listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.
Although O-I strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Additionally, while users of the Site are bound by these Terms not to submit false material, O-I is not responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. O-I makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. You access and use the Site and any of its Content at your own risk.
O-I DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, O-I SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND O-I DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. O-I MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL O-I BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT O-I IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL O-I’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE O-I’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
By using the Site, you agree to defend, indemnify and hold harmless O-I, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. O-I reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Ohio, without regard to its conflict of laws principles.
O-I controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) listed on any U.S. government lists of prohibited or restricted parties.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of O-I. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by O-I constitute the entire agreement between you and O-I with respect to your use of the Site.
We welcome you to contact us with any questions, comments or concerns about O-I’s Site.
Mail: O-I Packaging Solutions LLC, 5200 Tennyson Pkwy #100. Plano, TX 75024
Telephone: (+1) 877-546-1011