Terms of Use Policy

ATLANTIS PLASTICS, INC.’S TERMS OF USE POLICY
FOR
WEB SITE AND E-SERVICES

To help maintain a safe, non-offensive environment for all of our users, Atlantis Plastics, Inc. (“API”) has established its Terms of Use Policy (“Terms”). Please read these Terms carefully. This document tells you what you can expect from API and what API expects from you when you are using API’s web site and e-Services. By accessing this web site, API’s e-Services, or any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, do not access this web site. API’s web site, including its e-Services, is owned and operated by API. Any unauthorized use or reproduction of the information or proprietary rights contained in the API web site, including its e-Services, is strictly prohibited. API reserves the right to change these Terms and you are responsible to regularly review them, as well as the API Privacy Policy and the e-Services Site Use Agreement, if applicable, both of which are incorporated herein by reference. Your continued use of this web site acknowledges agreement to all such changes.

I. GENERAL INFORMATION
 
Certain sections or pages on this web site may contain terms and conditions or agreements that are in addition to these Terms. You must read those additional terms and conditions carefully; by accessing such sections or pages you agree to be bound by them. API reserves the right to change these Terms and you are responsible to regularly review them; however, API does not undertake any obligation or responsibility to update or amend any information on its web site. Your continued use of this web site acknowledges agreement to all changes to any of API’s policies. API may discontinue or change any product or service described in or offered through its site at any time, with or without notice, in its sole discretion.

II. DISCLAIMER/LIMITATION OF LIABILITY
 
User expressly agrees that use of API’s web site and e-Services is at User's sole risk and discretion. Neither API nor its affiliates nor any of their officers, directors, employees, agents merchants, sponsors, licensors, third-party content providers (collectively "Providers") or the like warrant that this site or the services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of API’s web site and e-Services or as to the accuracy, currency, or reliability of any information, content, products or services provided through the web site or e-Services.

THIS SITE IS PROVIDED BY API ON AN "AS IS" AND "AS AVAILABLE" BASIS. API MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR ITS E-SERVICES, THE INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT ALLOWABLE BY APPLICABLE LAW, API DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR RESULT OR PURPOSE. API WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE E-SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, AND INCIDENTAL DAMAGES. NO INFORMATION PROVIDED BY API THROUGH ITS SITE OR E-SERVICES, NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

III. LIMITATION OF DAMAGES

Under no circumstances shall API or any other party involved in producing, creating, or distributing API’s web site, including its e-Services, be liable for any direct indirect, incidental, special, or consequential damages that result from the use of or inability to use any of API’s services that result from mistakes, omissions, interruptions, deletion of files or email, errors, viruses, defects, delays in operation or transmission, or any failure of performance whether or not resulting from acts of God, communication failure, destruction, theft or unauthorized access to API’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all information, content, products and services available through API’s web site, including its e-Services. This exclusion and limitation of damages will be administered according to applicable state or federal law.

IV. WEBSITE CONTENTS

a. Trademarks
The service and trademarks, including graphics and logos, of API and its affiliates may not be used without the prior written consent of API. All other trademarks, company or product names, or logos appearing on API’s web site, including its e-Services site, are the property of their respective owners.

b. Proprietary Rights
User acknowledges that API’s web site and e-Services may contain information, software, data, photographs, graphs, typefaces, videos, graphics, music, sounds and other material (collectively "Content") that are protected by copyright, trade secret, trademark or other proprietary rights and that these rights are valid and protected in all forms. All Content is copyrighted as a collective work under the U.S. copyright laws and API owns a copyright in the selection, arrangement, coordination, and enhancement of such Content. User may not modify, remove, delete, add to, augment, publish, participate in the transfer or sale of, create derivative works from, transmit, or in any way exploit, any of the Content in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content such as all copyright, trademark, or other proprietary rights notices. Except as otherwise provided herein, or as permitted by the fair use privilege under the U.S. copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright or other proprietary rights without obtaining permission of the owner of the copyright or other proprietary right. In addition, use of any software Content shall be governed by the software license agreement accompanying such software.

c. Export
The export and re-export of technology originating in the United States is governed and controlled by the U.S. Export Control Laws. Exporting such information includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer by electronic transmission or otherwise any Content derived from API’s web site or e-Services to a foreign destination or otherwise in violation of the law.

V. ONLINE CONDUCT

a. Use for Lawful Purpose
User agrees to use API’s web site and e-Services for lawful purposes only. User is prohibited from posting on or transmitting through API’s web site or e-Services any unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, threatening, sexually explicit, profane, racially, ethnically, or otherwise objectionable material of any kind including, but not limited to, any material that encourages conduct that would give rise to civil liability, constitute criminal activity, or otherwise violate any applicable local, state, national or intentional law or regulation. User agrees to abide by API’s Privacy Policy and e-Services Site Use Agreement in addition to these Terms when accessing API’s web site.

If API is notified of alleged infringing, damaging, illegal, offensive or defamatory information/Content provided by User, API may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of that information from API’s web site or e-Services. API, in its sole discretion, may disclose any information/Content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; or (ii) if such disclosure is appropriate or necessary for the legitimate business purposes of API, consistent with API’s Privacy Policy or e-Services Site Use Agreement. User’s of API’s web site should consider any transmissions through the site non-confidential.

b. Privacy Statement
User agrees to the terms and conditions of the API Privacy Policy.

c. Web Links
API’s web site may contain links to other web sites which are provided as a convenience. API is not responsible for the privacy practices or the content of such web sites. The information on these linked web sites is neither investigated nor analyzed by API. No warranty or representation, express or implied, is given as to the accuracy or completeness of the information. In no event will API, nor any of its directors, employees, advisors or agents accept any liability with regard to the information contained in the API web site, linked web sites, or referred-to internet web sites.

VI. GOVERNING LAW/FORUM SELECTION

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be filed in a state or federal court that has jurisdiction over Fulton County, Georgia and the parties unconditionally waive their right to a jury trial. Any cause of action User may have regarding use of API’s web site must be commenced within one (1) year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, invalid or unenforceable, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity without in any way affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. A printed version of these Terms shall be admissible in judicial or administrative proceedings.