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Pactiv Evergreen Inc.

Terms of Use

Dated September 14, 2020

Welcome to www.pactivevergreen.com (the “Site”) operated by Pactiv Evergreen Inc., a Delaware corporation with its global headquarters in at 1900 West Field Court, Lake Forest, IL 60045 USA (“Pactiv Evergreen”). This Terms of Use Agreement (together with any documents referred to in them, collectively, the “Terms”) apply your use of our Site or other product/services offered through the Site and through any mobile application we develop utilizing the tools from this Site (collectively, the “System”). Pactiv Evergreen and its affiliates and subsidiaries are collectively referred to as “we”, “our”, or “us” in these Terms. When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

  1. Use. Please read the Terms carefully before otherwise accessing the System. By accessing the System, you agree to be bound by the terms and conditions set forth in the Terms. If you do not wish to be bound by the Terms, you are not authorized to use the System. Pactiv Evergreen reserves the right to modify the Terms at any time. You agree to review the Terms periodically to be aware of any such modifications. You further agree that your continued use of the System shall be deemed to be your conclusive acceptance of the current version of the Terms. We may revise and update this Terms in our sole discretion, and will post any updates of the Terms on the System. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Modified” at the end of the Terms with the date on which such changes were made. A current version of the Terms is accessible via the link at the bottom of the Site’s homepage.
  1. Unauthorized Access; Violation of Terms. Any access or attempt to access other areas of Pactiv Evergreen’s computer systems or other information contained on such systems for any purposes is strictly prohibited. You agree not to interfere, in any way, with use of or access to the System or take any action that imposes an unreasonable or disproportionately large load on the System infrastructure. Pactiv Evergreen reserves the right to report any activity that it suspects would violate any law or regulation and disclose any information to appropriate law enforcement officials, regulators, or other appropriate third parties. Pactiv Evergreen also has the right to modify, suspend or discontinue, temporarily or permanently, the System, any products or services advertised by Pactiv Evergreen through the System, or any user’s right to access or use any portion of the System, in Pactiv Evergreen’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the System or assist others attempting to do so, (2) disabling any security features on the System, (3) a user’s violation of the Terms, (4) failure to pay for ordered products or services or the applicable shipping charges, (5) suspected or actual infringement of a third party’s intellectual property rights, or (6) requests by law enforcement or other government agencies. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on the System shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT PACTIV EVERGREEN SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SYSTEM OR ORDERED BY YOU THROUGH THE SITE.
  1. Copyright. All content contained on the System, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Pactiv Evergreen or its licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the System is strictly prohibited. If you use material appearing on the System in violation of the Terms, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
  1. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the System are trademarks of Pactiv Evergreen or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the System, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or that disparages or discredits us.
  1. Software. Any software that we make available to access or download from the System (“Software”) or through your mobile application store (a “Mobile App”) is the copyrighted work of Pactiv Evergreen and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All Software is owned by Pactiv Evergreen and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the applicable license agreement. Your mobile device must be connected to the Internet for the Mobile App to function correctly. You are responsible for making all arrangements necessary for your mobile device to have Internet connectivity and are responsible for all fees your service provider may charge you arising out of the Mobile App transmitting and receiving data (including but not limited to data roaming charges). As further described in our [Privacy Policy,] the Mobile App will automatically transfer relevant data as part of its normal operation, relating to how you use the Mobile App, which content you access, and technical errors or problems which the Mobile App may encounter while being used, including time stamps, version of Mobile App, the device’s Unique Device Identifier (UDI), computer operating system you use (e.g., Android or iOS), installation data (e.g., daily installs, upgrades and uninstalls), Mobile App activity, and error-reporting information. By using the Mobile App, you expressly acknowledge, agree and consent to the automatic collection of this information.
  1. Links. Pactiv Evergreen and/or third parties may provide links to other websites of possible interest to you, including linked sites under the control of Pactiv Evergreen (e.g., pactiv.com and the evergreenpackaging.com) but also including linked sites under the control of third-parties. You acknowledge and agree that we are not responsible for the availability of linked sites under the control of third-parties and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from linked sites under the control of third-parties. You also acknowledge and agree that Pactiv Evergreen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from linked sites under the control of third-parties. All linked sites under the control of third-parties shall be subject to the policies and procedures of the owner of such websites.
  1. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. PACTIV EVERGREEN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY: (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE SYSTEM AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE SYSTEM, OR (ii) CONCERNING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR PRODUCTS APPEARING ON THE SYSTEM OR (III) ACCESS TO CONTENT AVAILABLE, INCLUDING THE QUALITY OF STREAMING CONTENT AND THE DOWNLOAD SPEED OF DOWNLOADABLE CONTENT. THE SYSTEM AND ANY PRODUCTS APPEARING ON THE SYSTEM ARE PROVIDED TO YOU “AS IS” AND PACTIV EVERGREEN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, PACTIV EVERGREEN DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PACTIV EVERGREEN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SYSTEM OR CAUSED BY YOUR CONDUCT. PACTIV EVERGREEN DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SYSTEM, AND THE OPERATION OF THE SYSTEM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL INCLUDING A USER’S LOCATION, THE CONTENT BEING STREAMED OR DOWNLOADED AND THE SPEED OF A USER’S INTERNET CONNECTION. PACTIV EVERGREEN IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE SYSTEM.
  1. Limitation of Liability. IN NO EVENT SHALL PACTIV EVERGREEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SYSTEM INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PACTIV EVERGREEN’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
  1. Indemnification. You agree to defend, indemnify, and hold harmless Pactiv Evergreen from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to access and use the System or any part thereof, made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
  1. Privacy. Pactiv Evergreen is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the System is described in our Privacy Policy.
  1. Governing Law. You acknowledge and agree that these Terms and our obligations shall be governed by and construed in accordance with the internal laws of the State of Illinois, excluding conflict of law provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to the exclusive personal jurisdiction and venue of U.S. federal courts and Illinois state courts located in the State of Illinois. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
  1. General.
  1. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable. You agree that the Terms may be assigned by Pactiv Evergreen, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act thereafter with respect to that or any subsequent or similar breaches. The Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of the Terms will survive termination or expiration to the extent necessary to carry out the intentions of the parties. The Terms shall be treated as though they were executed and performed in Illinois and shall be governed by the laws of the State of Illinois and the laws of the United States without regard to conflict of law principles. Amy claim or dispute related to the System or under the Terms, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the State of Illinois.
  1. NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
  1. Pactiv Evergreen controls the System (excluding linked sites) from the United States of America, and makes no representation that any content contained in the System is appropriate or available for use in other locations. Accessing the System in locations where the use of such content is illegal is prohibited. If any part of the Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the System or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  1. By using the System, you agree that Pactiv Evergreen, at its sole discretion, may require you to submit any disputes arising from the use of the System, or the Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth above. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
  1. By using the System, you further agree that you will not use the System or any materials available hereon for any unlawful activity, or use it in any way that would violate the terms of the Terms. When applicable, you further agree, as a condition of using the System, to ensure that all of your agents, employees and independent contractors adhere to the Terms.
  1. If you have any questions, complaints or concerns regarding the System, please contact us at 1900 West Field Court, Lake Forest, IL 60045 USA, Attention: Chief Communications Officer or using the Contact page of this Site.