PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Owens-Illinois, Inc. and its subsidiary and affiliated entities (collectively, “O-I”) maintains this web site (the “Site”) as a courtesy to O-I’s customers, vendors, employees, and the public. By using this Site, you signify that you unconditionally assent to these Terms and Conditions of Use. Throughout these Terms and Conditions, the term “use” includes accessing or viewing any part of the Site. If you disagree with any of the Terms & Conditions, do not use this Site.
Your Acceptance of the Terms and Conditions Includes Acceptance of Changes and Modifications.
O-I reserves the right, in its sole discretion, to change these Terms and Conditions, whether by modification, addition or deletion of terms, at any time and without prior notice to users of this Site. Changes will appear on this page and will be effective immediately upon their appearance. Therefore, please check these Terms and Conditions each time you visit or use the Site to be certain you are aware of any changes. Your use of this Site after any such change has been posted constitutes acceptance by you of the Terms and Conditions as they are posted during your visit or use of the Site, including any changes since your last visit or use.
Lawful Use Only
O-I maintains the Site and its Content for the use of its customers, vendors, employees and members of the general public but only for the lawful purposes described in these Terms and Conditions. By using this Site, you represent and warrant to O-I that you will not use the Site or its Content for any purpose which is unlawful when and where used, or for any purpose prohibited by these Terms and Conditions. The “Content” of the Site includes all information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services which are found on or used by this Site, whether or not they are visible to you as you use the Site.
O-I’s Intellectual Property and Other Proprietary Rights
O-I owns, or is licensed by its suppliers to use, this Site and its Content. O-I retains all intellectual property and other proprietary rights in the Site and its Content, including but not limited to all rights protected under trademark and copyright laws, whether or not an application or registration for the trademark or copyright has been filed. The permission granted to you to use this Site and any of its Content is limited by, and is entirely conditional on your compliance with, these Terms and Conditions. By using this Site and its Content, you agree to respect these intellectual property and other proprietary rights of O-I and its suppliers. In addition, you agree that any Content you post on or provide to this Site shall immediately confer on O-I a perpetual, irrevocable, fully paid license to use such Content for any purpose whatsoever, and you waive all claims against O-I and its agents and licensees for infringement or any form of royalties or compensation based on its or their use of such Content.
Representation of Authority
You represent that you are not a minor, you have no individual legal incapacity to enter into the agreement which is represented by your use of this Site and these Terms and Conditions, and you have the legal authority to accept these Terms & Conditions on behalf of the entity for which you are acting as an agent by using this Site, whether you are employed by the entity or are representing it through any non-employment relationship.
No Unauthorized Access or Use
You agree that you will not, and will not permit others to:
Upload, post, email, transmit or otherwise make available any Content on the Site as to which you do not possess the patent, trademark, copyright, trade secret, license or other rights to do so, including the right to grant the license as provided in Section 4 (“O-I’s Intellectual Property and Other Proprietary Rights”) of these Terms and Conditions;
Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Content or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Content;
Copy, transmit or otherwise make available Content from this Site without express, prior written approval from O-I (excluding only information which you have provided and which your business owns);
Upload, post, email, transmit, link to or otherwise make available any Content on the Site that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Attempt to use this Site or its Content to harm minors in any way;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or legal entity;
Manipulate, alter, forge, or otherwise modify identifiers in a manner which may hide or disguise the origin of any Content which you post, upload or otherwise provide to the Site;
Upload, post, email, transmit, link to or otherwise make available any Content on the Site that infringes any intellectual property rights or other proprietary rights of any person or legal entity;
Upload, post, email, transmit, link to or otherwise make available any Content on the Site that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, data, hardware, telecommunications equipment, or communications ability;
Provide any unauthorized third party with access to this Site or to its Content, whether by sharing your Log-In ID or password, or by other means;
Attempt to gain access to confidential information to which you are not entitled;
Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
Links to Other Web Sites
From time to time, the Site may contain hyperlinks to web sites maintained by others. Such links are provided solely as a convenience and a reference for users of this Site. O-I does not control the content of such other sites and has no control over what personal identifying information is collected by such other sites: once the user links to any such other site, he or she is subject to the policies, practices, and terms and conditions of use of such other site. Likewise, O-I does not endorse any such other site or its content, nor does O-I certify the accuracy, safety, or usefulness of content found on any such other site.
Security of Login I.D., Password, and Information
You agree to take security measures sufficient to prevent unauthorized disclosure or use of the Login I.D. and Password assigned to you as a registered user of the Site. If such security measures are thwarted and/or your Login I.D. and/or Password are disseminated, you agree to notify O-I immediately of such event and to cooperate fully in measures intended to restore the security of the Site and its Content. You agree that you understand that communications to and from the Site over the Internet are not necessarily secure, and that you will take such measures as are necessary to protect any information you upload to or download from the Site.
Termination and Reporting
Your ability to use this Site and to access its Content is provided by O-I solely as a convenience. As a result, O-I reserves the right at any time to terminate your ability to use this Site and to access its Content, and to remove or alter the Site and its Content at any time. Furthermore, if we believe you have breached this Agreement, we may elect to suspend or terminate your use of and access to the Site and we may in our sole discretion report your activities to the appropriate legal authorities.
Disclaimer of Warranties
THE CONTENT OF THIS WEB SITE MAY INCLUDE INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE MADE TO THE CONTENT FROM TIME TO TIME. O-I MAKES NO REPRESENTATION ABOUT THE ACCURACY OR THE SUITABILITY OF THE CONTENT OF THIS SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. O-I DISCLAMS ANY WARRANTY AS TO SUCH CONTENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN ADDITION TO ANY IMPLIED WARRANTY OF TITLE AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
Limitation of Liabilities and Exclusion of Damages
In no event shall O-I be liable for any direct, indirect, consequential, incidental, special or punitive damages arising out of or in any way connected with the users’ use of this Web site or its content, or connected with any change to such content or with any delay or inability to access or use this site or its content, without regard to whether any such claim may be grounded in contract, tort, strict liability in tort or any other theory.
Some states do not allow exclusion of warranties and/or limitation of liabilities, so the limitations of sections 10 and/or 11 may not apply to you.
In return for being allowed to access this Site and its Content, you agree to indemnify and to defend O-I and to save it and hold it harmless from and against any and all costs, claims, charges, expenses and liabilities, including but not limited to attorneys’ fees and costs associated in any way with any claim or charge arising or in any way related to your use of this Site, including without limitation relating to any conduct or omission by you which would constitute a breach of these Terms and Conditions, or any of them, or relating to any materials or content whatsoever that are provided by you or through your Log-In ID or password. You agree to cooperate as fully as required in our defense and/or settlement of any such claim. O-I reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
The validity, construction and interpretation of these Terms & Conditions, and the rights and duties of the parties hereto, shall be governed by and construed in accordance with the laws of Ohio, excluding its conflicts of laws principles. Subject only to Section 13(c) at O-I’s sole discretion, all dispute arising from or in any way related to these Terms and Conditions shall be submitted to and finally resolved by arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and shall be conducted by the AAA in Toledo, Ohio. Such arbitration shall be the exclusive forum and venue for the resolution of all such disputes. The arbitration award resulting therefrom shall be final and binding, and a judgment reflecting such award may be entered by any court of competent jurisdiction, and shall be fully enforceable by any court of competent jurisdiction, including by injunctive relief if otherwise appropriate. The arbitrator or arbitration panel shall have authority to issue injunctions where injunctive relief is shown to be appropriate.
The waiver by O-I of any breach or default of any provision of these Terms and conditions will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of O-I to exercise or avail itself of any right, power or privileged that it has, or may have hereunder, operate as a waiver of any right, power or privileged by it. If any provision of these Terms and Conditions is held to be invalid, such invalidity shall not affect the remaining provisions.
You acknowledge, accept and agree that any breach of Sections 3, 4 and 6 of these Terms and Conditions is likely to irreparably harm O-I and will not be susceptible of cure by monetary damages. Consequently, if you breach any provision of Sections 3, 4 or 6, then O-I will be entitled to obtain injunctive or other equitable relief, through arbitration or in a court of law, in addition to any other remedies it may have at law.