Terms of Use
Terms of Use

1. INTRODUCTION AND ACCEPTANCE

Welcome to EvergreenPackaging.com, an interactive online service operated by Evergreen Packaging, Inc. ("Evergreen," "us," "we," or "our"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

In addition to these Terms of Use, we have established a Privacy Policy to
explain how we collect and use information about you. A copy of this Privacy
Policy can be found here and is incorporated by reference into these Terms of
Use. By accessing or using the Website, you are also signifying your
acknowledgement and agreement to our Privacy Policy.

2. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of
the same) including, but not limited to, all text, illustrations, files, images,
software, scripts, graphics, photos, sounds, music, videos, information, content,
materials, products, services, URLs, technology, documentation, and interactive
features (collectively, the "Website Content") and all intellectual property rights to
the same are owned by us, our licensors, or both. Additionally, all trademarks,
service marks, trade names and trade dress that may appear on the Website are
owned by us, our licensors, or both. Except for the limited use rights granted to
you in these Terms of Use, you shall not acquire any right, title or interest in the
Website or any Website Content. Any rights not expressly granted in these
Terms of Use are expressly reserved.

3. WEBSITE ACCESS AND USE
(A) Access to the Website including, without limitation, the Website Content is
provided for your information and personal, non-commercial use only. When
using the Website, you agree to comply with all applicable federal, state, and
local laws including, without limitation, copyright law. Except as expressly
permitted in these Terms of Use, you may not use, reproduce, distribute, create
derivative works based upon, publicly display, publicly perform, publish, transmit,
or otherwise exploit Website Content for any purpose whatsoever without
obtaining prior written consent from us or, in the case third-party content, its
respective owner. In certain instances, we may permit you to download or print
Website Content or both. In such a case, you may download or print (as
applicable) one copy of Website Content for your personal, non-commercial use
only. You acknowledge that you do not acquire any ownership rights by
downloading or printing Website Content.
(B) Furthermore, except as expressly permitted in these Terms of Use, you may
not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary
rights notice on the Website or Website Content
(ii) circumvent, disable or otherwise interfere with security-related features of the
Website including, without limitation, any features that prevent or restrict use or
copying of any content or enforce limitations on the use of the Website or
Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to
copy or "scrape" the Website or Website Content for any purpose without our
express written permission. Notwithstanding the foregoing, we grant public
search engine operators permission to use automatic devices (such as robots or
spiders) to copy Website Content from the Website for the sole purpose of
creating (and only to the extent necessary to create) a searchable index of
Website Content that is available to the public. We reserve the right to revoke
this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable information from the Website
including, without limitation, user names, passwords, email
addresses;
(v) solicit other users to join or become members of any commercial online
service or other organization without our prior written approval; (vi) attempt
to or interfere with the proper working of the Website or impair, overburden, or
disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the
Website;
(viii) use network-monitoring software to determine architecture of or extract
usage data from the Website;
(ix) encourage conduct that violates any local, state or federal law, either civil or
criminal, or impersonate another user, person, or entity (e.g., using another
person's Membership (as defined in Section 4(B)) without permission,
etc.);
(x) violate U.S. export laws, including, without limitation, violations of the Export
Administration Act and the Export Administration Regulations administered by
the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or
enjoying the Website. (C) You agree to fully cooperate with us to investigate
any suspected or actual activity that is in breach of these Terms of Use.

4. WEBSITE CONTENT & THIRD PARTY LINKS (A) We provide the Website
including, without limitation, Website Content for educational, entertainment and
promotional purposes only. You may not rely on any information and opinions
expressed on any of our Website for any other purpose. In all instances, it is
your responsibility to evaluate the accuracy, timeliness, completeness, or
usefulness of Website Content. Under no circumstances will we be liable for any
loss or damage caused by your reliance on any Website Content. (B) In some
instances, Website Content may include content posted by a third-party or
represent the opinions and judgments of a third-party. We do not endorse,
warrant and are not responsible for the accuracy, timeliness, completeness, or
reliability of any opinion, advice, or statement made on the Website by anyone
other than authorized employees or spokespersons while acting in their official
capacities. (C) The Website may contain links to other websites maintained by
third parties. We do not operate or control, in any respect, or necessarily
endorse the content found on these third-party websites. You assume sole
responsibility for your use of third-party links. We are not responsible for any
content posted on third-party websites or liable to you for any loss or damage of
any sort incurred as a result of your dealings with any third-party or their
website.

5. INDEMNIFICATION You agree to indemnify and hold harmless Evergreen
and its officers, directors, employees, parents, partners, successors, agents,
distribution partners, affiliates, subsidiaries, and their related companies from and
against any and all claims, liabilities, losses, damages, obligations, costs and
expenses (including reasonable attorneys' fees and costs) arising out of, related
to, or that may arise in connection with: (i) your access to or use of the Website;
(ii) any actual or alleged violation or breach by you of these Terms of Use; (iii)
any actual or alleged breach of any representation, warranty, or covenant that
you have made to us; or (iv) your acts or omissions. You agree to cooperate fully
with us in the defense of any claim that is the subject of your obligations
hereunder.

6. DISCLAIMERS (A) YOU EXPRESSLY AGREE THAT USE OF THE
WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY
LAW, Evergreen AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,
AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM
ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE
WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS,
TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR
WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;(4)
WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6)
WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR
UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE
SOFTWARE WILL BE CORRECTED.

7. LIMITATION ON LIABILITY (A) UNDER NO CIRCUMSTANCES SHALL
EVERGREEN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,
AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF EVERGREEN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN
ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE
INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP
USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS
ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A
THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. (B) In
some jurisdictions limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitations may not apply to you. These limitations shall
apply to the fullest extent permitted by law.

8. TERMINATION (A) We reserve the right in our sole discretion and at any time
to terminate or suspend and/or block your access to the Website for any reason
including, without limitation if you have failed to comply with the letter and spirit of
these Terms of Use. You agree that Evergreen shall not be liable to you or any
third party for any such action. (B) Any suspension or termination shall not
affect your obligations to us under these Terms of Use. The provisions of these
Terms of Use which by their nature should survive the suspension or termination
shall survive including, but not limited to the rights and licenses that you have
granted hereunder, indemnities, releases, disclaimers, limitations on liability,
provisions related to choice of law, dispute resolution, no class action, no trial by
jury and all of the miscellaneous provisions in Section 13.

9. CHOICE OF LAW; JURISDICTION AND VENUEThese Terms of Use shall be
construed in accordance with the laws of the State of Tennessee without regard
to its conflict of laws rules. Any legal proceedings against Evergreen that may
arise out of, relate to, or be in any way connected with our Website or these
Terms of Use shall be brought exclusively in the state and federal courts of
Memphis, Tennessee and you waive any jurisdictional, venue, or inconvenient
forum objections to such courts.

10. NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT
IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON
OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON
BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER
PROCEEDING.

11. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR
OTHER PROCEEDING.

12. AMENDMENT; ADDITIONAL TERMS (A) We reserve the right in our sole
discretion and at any time and for any reason, to modify or discontinue any
aspect or feature of the Website or to modify these Terms of Use. In addition, we
reserve the right to provide you with operating rules or additional terms that may
govern your use of the Website generally, unique parts of the Website, or both
("Additional Terms"). Any Additional Terms that we may provide to you will be
incorporated by reference into these Terms of Use. To the extent any Additional
Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective
immediately upon notice, either by posting on the Website or by notification by
email or conventional mail. It is your responsibility to review the Terms of Use
and the Website from time to time for any changes or Additional Terms. Your
access and use of any the Website following any modification of these Terms of
Use or the provision of Additional Terms will signify your assent to and
acceptance of the same. If you object to any subsequent revision to the Terms
of Use or to any Additional Terms, immediately discontinue use of the Website
and, if applicable, terminate your Membership.

13. MISCELLANEOUS (A) No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import. If any provision of these Terms of Use is
held to be invalid or unenforceable, the invalidity of such provision shall not affect
the validity of the remaining provisions of the Terms of Use, which shall remain in
full force and effect. (B) These Terms of Use (including the Privacy Policy and
any Additional Terms incorporated by reference) constitute the entire agreement
of the parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between us with respect to such subject
matter. (C) You may not assign these Terms of Use or assign any rights or
delegate any obligations hereunder, in whole or in part, without our prior written
consent. Any such purported assignment or delegation by you without the
appropriate prior written consent will be null and void and of no force and effect.
We may assign these Terms of Use or any rights hereunder without your consent
and without notice.