1. Your Acceptance of Our Terms of Use
1.1 Polysack Flexible Packaging Ltd., along with its subsidiaries and affiliates, (“Polysack”), is primarily engaged in the manufacture and sale of flexible packaging materials. We welcome you (“you” or “User”) to our website and appreciate your interest in Polysack. The terms and conditions set forth below, along with all additional policies, instructions, and guidelines contained throughout our website, (collectively the “Terms of Use”), govern your use of (i) our website, as well as all Polysack domains and sub-domains (the “Site”), (ii) all the information, data, and other content contained therein (“Content”), and (iii) all products and services provided by Polysack via the Site, including this Site (the “Services”).
1.2 By viewing, visiting, accessing or utilizing in any fashion the Site or the Services, you agree to be legally bound by these Terms of Use. You may not use this Site or the Services if you do not accept these Terms of Use. Since the Terms of Use are a legally binding agreement between you and Polysack, it is important that you take the time to read them carefully. They apply to you and to all users of the Site and the Services (“Users”). If you have any questions, you may contact Polysack at sales@polysack.com
1.3 Polysack reserves the right to modify these Terms of Use at any time and without notice, and you agree to be bound by such modifications. You are responsible to review these Terms of Use for any changes. Your use of the Site or the Services following any amendment of these Terms of Use will signify your acceptance of the revised terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
2. Your Use of the Site and the Services
2.1 Polysack hereby grants you permission to access and make personal, non-commercial use of the Site and the Services, including the Content contained therein, provided that your use is in accordance with the Terms of Use and any applicable law or regulation. Polysack reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
2.2 You acknowledge and agree that the Site and the form and nature of the Services which Polysack provides may change from time to time without prior notice to you. You acknowledge and agree that Polysack may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Polysack’s sole discretion, without prior notice to you. Without derogating from the preceding sentence, Polysack may terminate your right to use the Services if (a) you have breached any provision of the Terms of Use, or (b) Polysack is required to do so by applicable law.
2.3 You may not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to the Site). You specifically agree not to access (or attempt to access) the Site or the Services through any automated means. You may not attempt to access data not meant for you or attempt to bypass any security measures in connection with the Site or the Services or try to obtain access to aspects of the Site or Services to which you are not entitled or attempt to find vulnerabilities in any of the systems used for the Site or the Services.
2.4 You agree and acknowledge that your use of the Site and Services are subject to the following key undertakings on your part:
• You will not reproduce, duplicate, copy, retransmit, disseminate, create derivative works based on, sell, trade, resell, or commercially exploit the Site, the Content, or the Services in any manner without our express written consent.
• You will not alter or modify the Site, the Content, or the Services in any way.
• you will not make use of any of the Site, the Content, or the Services in a manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; advocates or solicits violence, criminal conduct or the violation of any law or the rights of any third party; disrupts, interferes or inhibits any other user from enjoying the Site or the Services or other affiliated or linked websites, material, contents, products and/or services.
• You will not use the Site, the Content, or the Services to perform any illegal activity or for solicitation of any such illegal activity.
2.5 Your violation of any of the above undertakings will constitute a material breach of the terms of this agreement and constitute an unlawful use of the Site and Services hereby provided.
2.6 You agree that you are solely responsible for (and that Polysack has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Polysack may suffer) of any such breach.
3. Proprietary Rights
3.1 You acknowledge and agree that Polysack (or Polysack’s licensors) owns all legal right, title and interest in and to the Site, the Content, and the Services, including any intellectual property rights which subsist in the Site, the Content, and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge that the Site, the Content, and the Services, are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You agree that, other than the right to access the Site and view the Content under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site, the Consent, or the Services.
3.2 You agree that Polysack and/or its service providers own all rights to any trademarks, logos, graphics, service marks, button icons, images, audio clips, digital downloads, and data compilations contained in the Site or the Services, and you understand that all such rights are reserved, and that nothing herein grants you any rights of use to any of the above. These and other graphics, logos, service marks, trademarks and trade dress of Polysack and its licensors may not be used without prior written consent of Polysack and/or its licensors. Without limiting the foregoing, no Polysack trademark or trade dress may be used in connection with any product or service that is not Polysack’s, in a manner that may cause confusion among Users, or in any manner that disparages or discredits Polysack.
4. Content
4.1 All Content is provided “as is” without any representations or warranties of any kind (whether express or implied). You assume total responsibility and risk for your use of, or reliance on, the Site, and any Content provided on the Site.
4.2 The fact that we have made the Content available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product or service described on the Site is suitable or appropriate for you. In particular, the technical data available on our Site are based on average results and values derived from practical experience and accumulated data. This data is intended only as a source of information and is provided without guarantee and does not constitute a warranty of performance. The products described on this Site are not appropriate for all uses. You are responsible for assessing the suitability of our products for your specific purposes, and you should not enter into any transaction until you have independently determined that such products are appropriate for your needs.
5. Third Party Sites and Resources
5.1 The Site and the Services may include links to third party websites or resources. Polysack has no control over, assumes no responsibility for, and does not endorse the content, services, software, privacy policies, or practices of any third party websites. By using the Site and the Services, you expressly relieve Polysack from any and all liability arising from your use of any third party website. We strongly encourage you to read the terms and conditions and privacy policy of each website that you visit.
5.2 Your use of any third party content, services, or software may be subject to separate terms and conditions between you and the company or person concerned. These Terms of Use do not affect nor replace your legal relationship with these third party providers.
5.3 Furthermore, you acknowledge and agree that Polysack is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any content, services, software, or other materials on, or available from, such websites or resources.
6. User Accounts
6.1 Certain portions of our Site may be accessible only by Users who have first created a Polysack account.
6.2 User accounts are available only to individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Polysack may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time.
6.3 You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Polysack of any unauthorized use of your password or any breach of security. You also agree that Polysack cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information to any person without Polysack’s express prior written permission.
6.4 You must keep your account information up-to-date and accurate at all times, including a valid email address.
6.5 You may not transfer or sell your Polysack account and username to another party.
7. Privacy Policy
We track your use of our Site and monitor how you interact with our systems and services. Any personal information provided by you or obtained by us will be held by us in accordance with our Privacy Policy available at www.polysack.com/privacy-policy/.
8. DISCLAIMER OF WARRANTIES
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED “AS IS.” POLYSACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, AND ANY CONTENT APPEARING ON OR ACCESSED THROUGH THE SITE OR THE SERVICES.
8.2 POLYSACK NEITHER WARRANTS NOR REPRESENTS TO YOU THAT: (A) YOUR USE OF THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE CORRECTED.
8.3 ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR MATERIAL. POLYSACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE OR THE SERVICES. POLYSACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POLYSACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. DISCLAIMER OF LIABILITY
9.1 IN NO EVENT SHALL POLYSACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, LOSS OF DATA, AND COSTS OF RECOVERY), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY INCLUDES ANY LOSS OR DAMAGE RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICES, (III) ANY CHANGES WHICH POLYSACK MAY MAKE TO THE SITE OR THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE OR THE SERVICES (OR ANY FEATURES WITHIN THE SITE OR THE SERVICES), OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POLYSACK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.2 YOU SPECIFICALLY ACKNOWLEDGE THAT POLYSACK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ENGAGED IN BY YOU OR ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Polysack its officers, directors, employees and agents, and any publisher, licensor or other provider of services in connection with the Site and/or the Services, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms of Use; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) your violation of any law or regulation. This defense and indemnification obligation will survive these Terms of Use and your use of the Site and the Services.
11. General
11.1 The Terms of Use constitute the entire agreement between you and Polysack concerning the Site and the Services and govern your use of the Site and the Services. In the event of any inconsistency between these terms and your customer agreement, the terms of the customer agreement shall prevail.
11.2 You and Polysack are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Use or the use or provision of the Site or the Services.
11.3 You agree that if Polysack does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Polysack has the benefit of under any applicable law), this will not be taken to be a formal waiver of Polysack’s rights and that those rights or remedies will still be available to Polysack.
11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
11.5 You agree that: (i) the Site and the Services shall be deemed solely based in the State of Israel; and (ii) the Site and the Services shall be deemed a passive vehicle that does not give rise to personal jurisdiction over Polysack, either specific or general, in jurisdictions other than the State of Israel. The Terms of Use, and your relationship with Polysack under the Terms of Use, shall be governed by the laws of Israel without regard to its conflict of laws provisions. Jurisdiction for any claims arising under these terms shall lie exclusively with the Israeli courts.
11.6 YOU AND POLYSACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
