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Terms and Conditions

Effective Date: August 8, 2018
Last Updated: August 8, 2018

 

This Web site is provided to you by Primera Plastics, Inc. and any affiliates (herein individually and collectivelly “PRIMERA”, “we” or “us”).   Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this Web site.  “You” or “Your” refers to the user and the user’s employer or entity as well as the individual(s) using any Account Information of  your organization.

 

  1. Your Agreement. The Site is owned and operated by one or more of the PRIMERA companies and is made available to you only for informational and business purposes. By accessing or using this Site, you are further agreeing that your use of the Site is at your own risk.  You should visit this page periodically to review the most current Terms and Conditions.  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.   Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
  2. Your Use of Site. Unless otherwise specified, you may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type (“Site Content”) obtained from the Site. PRIMERA grants to authorized Users a non-exclusive, revocable, limited license to access and use the Site and for no other purpose.  In exercising the foregoing license, you may view and download a single copy of the Site Content.  Any other use of Site Content, without the prior written permission of PRIMERA is prohibited.  You may not sell, transfer or assign any rights, content or materials provided by PRIMERA via the Site without the express written consent of PRIMERA.You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content, in whole or in part, outside of the specific usage rights granted to you by PRIMERA as described in these Terms and Conditions. You may not to use the Site in any manner that interferes with PRIMERA’ normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.
  3. Site Use.  PRIMERA reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.
  4. Posting/Transmitting Content on/through the Site. Any communication or material other than your personal information submitted to this Web site by electronic mail is  the subject of a non-exclusive license by you to PRIMERA and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. PRIMERA shall be free to use them for any purpose whatsoever without restriction or compensation.
  5. Prohibited Conduct. The following are all prohibited: (a) framing, (b) using engines, tools, software bots and other automated devices to search the Site; (c) aggregating, copying or duplicating material or information provided on the Site beyond the scope permitted herein; and/or  (d) using the Site in any way to engage in misappropriation of trade secrets, tortious interference or any other tortious, illegal or improper activity.
  6. Links to Other Sites.The Site may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites.  You acknowledge that such other sites or locations are not under the control of PRIMERA and you agree that  PRIMERA shall not be responsible for any information or additional links found at such other site or location, or for your use of such information. PRIMERA has not endorsed, tested or verified any information or programs found at such sites.
  7. Removal from Site. PRIMERA reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions.
  8. Intellectual Property Rights. Distribution, transmission, modification, copying, reproducing or any other type of use of the Site Content for commercial, public or private purposes is prohibited without the prior express written permission of PRIMERA.  Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the Site without the prior express written permission of PRIMERA.  Except as noted herein, no right or license is granted under any copyright, patent or trademark of PRIMERA to any other party.
  9. Purchase Terms and Conditions. Any Services, Products or other offerings of PRIMERA product (or any third party product offered by PRIMERA) shall be subject to the PRIMERA’s Standard Terms and Conditions at the time of such purchase.  By any such purchase, you agree to be bound by such Terms and Conditions.
  10. Disclaimer of Warranties. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. THE INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PRIMERA SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE. All content is subject to change.   Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Without limiting the foregoing, PRIMERA neither warrants nor represents that your use of any Site Content will not infringe the rights of any third parties nor that the Site Content will be accurate, complete, up-to-date or available for your use when desired.  The information found on this Web site is constantly being updated. Users are responsible for checking the site on a regular basis to keep up with these changes.
  11. Limitation of Liability. YOUR USE OF THE SITE AND ANY INFORMATION PROVIDED ON THE SITE IS AT YOUR OWN RISK.  IN NO EVENT SHALL PRIMERA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PRIMERA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law. PRIMERA shall not be liable for any viruses, Trojan horses or other damage to computer equipment, data or software arising from your use of the Site.
  12. Indemnification. You agree to indemnify, defend, and hold harmless PRIMERA, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs resulting from: (a) any violation of these Terms and Conditions and/or (b) any activity related to your  access to the Site (including, but not limited to, conduct by you or any other person accessing the Site using your internet account or computer).
  13. Restricted Rights. The content of the Site may be subject to restricted rights.  Use, duplication, or disclosure by the Government may be subject to restrictions imposed by applicable law.  Use by the Government constitutes acknowledgement of PRIMERA’s proprietary rights therein.
  14. Law and Jurisdiction. These Terms and Conditions and your use of the Site are governed by the laws of the jurisdiction in which the PRIMERA company providing the site is based, without regard to its choice of law provisions.  The courts of general jurisdiction located such a locale will have jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.  You consent to personal jurisdiction in all courts in the jurisdiction in which the PRIMERA company providing the site is based for in any action disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.
  15. Modification and Termination. By providing Site Content, PRIMERA does not promise that the Site Content will remain available to you.  By using this Site, you agree to accept and abide by these Terms and Conditions.  PRIMERA may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page.  If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above.  Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and PRIMERA.PRIMERA may end this legal agreement with you at any time if you violate the terms of the agreement, if PRIMERA is required to do so by law, or if PRIMERA determines, in its sole discretion, that it is no longer commercially viable  or otherwise advisable to continue offering you access to the Site.  PRIMERA shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions.  Upon termination of this agreement, Sections 8-12 and 14 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties’ agreement as herein expressed.
  16. Governing Agreement. These Terms and Conditions and the PRIMERA Privacy Policy shall govern your legal relationship with PRIMERA with respect to this Site.  However, if additional terms and conditions are at any time provided with respect to a particular service or product you obtain from PRIMERA, those terms and conditions will control with respect to the particular service or product to which they relate if there is a conflict between the service- or product -specific terms and these Terms and Conditions. As noted above, any purchase of PRIMERA product (or any third party product offered by PRIMERA) shall also be subject to the purchase PRIMERA Standard Terms and Conditions at the time of such purchase.  By any such purchase, you agree to be bound by such Terms and Conditions
  17. Contact Information. If you have any questions about this the practices of this Web site or your dealings with this Web site, you can contact:Webmaster
    PRIMERA
    e-mail admin@primera-inc.com

 

  1. Limitation to Adults. The use of this site is intended to be limited to persons in the United States who  have reached the age of 18 or the age of majority in the  such person’s location, whichever is later. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  2. Import and Export Compliance. You may not use or otherwise export or re-export the Site or Site Content except in compliance with U.S. laws and the laws of any other applicable jurisdiction.  You represent and agree that your use of the Site and Site Content will comport with all applicable law.
  3. Geographic Restriction. The owner of the Web site is based in the state of Michigan in the United States.  We provide this Web site for use only by persons located in the United States. We make no claims that the Web site or any of its content is accessible or appropriate outside of the United States. Access to the Web site may not be legal by certain persons or in certain countries. If you access the Web site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  4. Arbitration. To the extent permitted by applicable law, at Primera’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Web site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.
  5. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  6. Waiver and Severability. No waiver of by Primera of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Primera to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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