Terms of Use
 

These terms of use (“Terms of Use”) are for the online properties and offerings of the Sunshine Flexible Packaging Corporation (“SunshineFPC”) including the website located at http://www.sunshinefpc.com (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 SunshineFPC 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 SunshineFPC’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 SunshineFPC’s prior written consent.  The SunshineFPC 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 SunshineFPC 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:

  1. use the Website or any Materials for illegal purposes or in violation of any applicable laws or regulations;
  2. copy, sell, resell, or exploit for commercial purposes any portion of the Website or any Materials;
  3. remove, obscure, or otherwise alter any proprietary notices appearing on the Website or on any Materials, including copyright, trademark, and other intellectual property notices;
  4. use data from the Website or any Materials to send unsolicited commercial e-mails (SPAM);
  5. 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 SunshineFPC;
  6. intentionally manipulate identifiers or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
  7. 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;
  8. provide any information that is not true, accurate, current, and complete when submitting information or materials on the Website;
  9. take any action that imposes an unreasonable or disproportionally large load on the Website’s infrastructure; or
  10. 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 SunshineFPC members who login.  Each individual from an SunshineFPC 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 SunshineFPC 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 SunshineFPC 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 SunshineFPC 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 SunshineFPC’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 SunshineFPC 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-SunshineFPC 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 SunshineFPC.  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 SunshineFPC. 

Proprietary Rights

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

SunshineFPC 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 SunshineFPC or the Website, you grant the SunshineFPC 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 SunshineFPC provides a link to a Third-Party Site does not mean that SunshineFPC endorses, authorizes, or sponsors that Third-Party Site, nor that the SunshineFPC is affiliated with the Third-Party Site.  Third-Party Sites are not under the control of the SunshineFPC, 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 SunshineFPC 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 SunshineFPC, you must adhere to the SunshineFPC’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 SunshineFPC’s name or any SunshineFPC trademark, service mark, or logo; (b) the link can not utilize anySunshineFPC trademark, service mark, or logo unless you’ve obtained the prior written approval of SunshineFPC; (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 SunshineFPC; (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 SunshineFPC reserves the right to revoke its consent to the link at any time in its sole discretion. 

Violations; Termination of Usage

The SunshineFPC may terminate or suspend your access to all or part of the Website immediately and without notice for any conduct that the SunshineFPC, 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 SunshineFPC or any third party.  Upon termination, you must immediately cease use of the Website and its content.  The SunshineFPC 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 SunshineFPC’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 ofand/or access to that area/feature.

For information about the SunshineFPC’s use and protection of your personal information, please see the SunshineFPC’s Privacy Policy, which is available at http://www.sunshinefpc.com/privacypolicy.  The SunshineFPC’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 SUNSHINEFPC DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATION OR OTHER MATERIAL TRANSMITTED TO OR FROM THE WEBSITE OVER THE INTERNET. THE SunshineFPC 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 SUNSHINEFPC 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 SUNSHINEFPC SHALL CREATE A WARRANTY OF ANY KIND.  YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM.  THE SUNSHINEFPC 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 SUNSHINEFPC 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 SUNSHINEFPC 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 SUNSHINEFPC 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 SunshineFPC’s liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless the SunshineFPC 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 SunshineFPC 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 SunshineFPC 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 California.  You agree to submit to the personal jurisdiction of the courts located in the State of California 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 SunshineFPC 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 SunshineFPC with respect to the subject matter hereof.  The SunshineFPC’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 sunshinemedia@sunshinefpc.com.

These Terms of Use were last updated on April 27, 2017.