Terms and Conditions

These terms and conditions apply to the use of this website, including but not limited to its coding, content, data, products, pages, links, offerings, and the purchase or license of goods and/or services over or through this website (collectively, “Site”). In using the Site for these or any other purposes, each person visiting the Site (“you”) agree to be bound by these terms and conditions. If you do not accept these terms and conditions, then you must refrain from using the Site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site. If you access other portions of the Site, then additional terms may apply.

 

1. Ownership

The Site, and each of its components, is the copyrighted property of High Density Packaging User Group International, Inc., an Arizona corporation, (“HDP User Group”). Portions of the content found on the Site may be owned by third-party providers, distributors, or HDP User Group members (together referred to as “Affiliated Third Parties”) and is the copyrighted work of the respective third-party providers, distributors, or members. None of the content or data found on the Site may be reproduced, republished, licensed, distributed, sold, transferred, or modified without the express written permission of HDP User Group or HDP User Group and its third-party providers, distributors, or members, as applicable. In addition, the trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks“) are the registered and common law trademarks of HDP User Group, its affiliates, and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of HDP User Group or such other party that owns the specific Trademark.

2.Use of Site

2.1

You may only use the Site to browse the content of, make inquiries to, participate in projects from HDP User Group, and to use other functionality from time to time made available by HDP User Group, but not for any other purposes. HDP User Group may permit downloading and printing of certain identified content as indicated on the Site; if you do so, you may use such materials only for your personal non-commercial use, or as provided in a license granted by HDP User Group.

2.2

“Deep-linking,” “embedding,” or using analogous uses of the Site or its Content is strictly prohibited unless specifically authorized in writing by HDP User Group. Unauthorized use of the Site or its content may violate applicable copyright, trademark, or other intellectual property laws or other laws. If copies of any content are permitted, then you must retain all copyright and trademark notices, and any other proprietary notices, contained in the content. The use of any Site content on any other website or in any environment of networked computers is prohibited.

2.3

The links from the Site to any other websites are provided for your information and convenience only. HDP User Group does not assume any responsibility or liability with respect to any website linked from the Site (or any website linking to the Site), including its content and operation. A link from the Site to another website (or a link from another website to the Site) does not constitute a referral, endorsement, approval, advertisement, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. Your use of such links and alternative websites is at your own risk.

2.4

You will not use any device, software, technology, process, or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and you will not take any action that imposes an unreasonable or disproportionately large load on HDP User Group’s equipment, technology, devices, or infrastructure. In addition, you will not use any robot, spider, other automatic device, or manual process to monitor or copy HDP User Group’s web pages or the content contained herein, without the prior express written consent from an authorized officer of HDP User Group (such consent is deemed given for lawfully operating standard search engine technology employed by Internet search websites for the limited purpose of directing Internet users to the Site).

You are prohibited from posting to or transmitting from the Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not engage in any activity on the Site that interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware, devices, servers, networks, data, or other properties or services of HDP User Group or any third party, infringes or misappropriates any intellectual property rights of others, enables the unauthorized download of content, displays or links to (1) illegal content, (2) invasions of personal privacy or violations of the right of publicity, (3) content that interferes with the functioning of any servers, networks, or services of other parties, (4) violations of intellectual property rights, including patent, copyright, trademark, trade secret, or other proprietary right of any party. HDP User Group reserves the right to remove any materials posted to the Site, in its sole discretion; however, HDP User Group does not undertake to prescreen or monitor all such postings.

2.5

Revocation or Suspension of Users’ Privileges. HDP User Group reserves the right at any time to terminate or suspend your access to some or all of the Site if you engage in activities that HDP User Group concludes, in its sole discretion, breach or violate these terms.

3.Privacy Policy

You represent that you have read HDP User Group’s Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use and distribution of any information submitted to HDP User Group by HDP User Group and Affiliated Third Parties in accordance with the terms of and for the purposes set forth in HDP User Group’s Privacy Policy.

4.Age and Responsibility

You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site.

5.Password

The Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of the Site (“Access Codes“). HDP User Group may prohibit the use of such Access Codes on your behalf by third parties where HDP User Group determines that such use interferes with the operation of the Site or results in activities that are detrimental to HDP User Group or its third-party providers, distributors, members, or others. In addition, you are financially and legally responsible for any activities conducted using Access Codes assigned to you and the consequences of any such activities.

6.Exclusion of Warranties

6.1

HDP USER GROUP AND ANY THIRD PARTY PROVIDERS, DISTRIBUTORS, AND MEMBERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. HDP USER GROUP AND ITS AFFILIATED THIRD PARTIES DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ITEMS. HDP USER GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND OR FORM WHATSOEVER THAT MAY RESULT FROM USE OF THE SITE, OR FROM UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ANY OF HDP USER GROUP’S COMPUTER SYSTEMS, INFRASTRUCTURE, TECHNOLOGY, OR OTHER SYSTEMS, EQUIPMENT, OR PROCESSES. HDP USER GROUP AND ITS AFFILIATED THIRD PARTIES MAKE NO WARRANTY OF ANY KIND REGARDING THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON OR THROUGH THE SITE, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR THROUGH ANY COURSE OF DEALING OR USAGE OF TRADE.

6.2

YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM USE OF THE SITE OR FROM THE PASSAGE OF DATA ACROSS THE INTERNET. HDP USER GROUP RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE CONTENT OR THE SITE IN WHOLE OR PART AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION.

7.Limitation and Liability

HDP User Group assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect or harm your computer, equipment, technology, data, information, systems, processes, property (intangible or tangible), or otherwise on account of your access to, use of, browsing in, purchase by, from, or through, or other activity, touching, or connecting to the Site, or your downloading of any materials, software, data, text, images, video, audio, or other material or content from or through the Site. IN NO EVENT SHALL HDP USER GROUP OR ITS AFFILIATED THIRD PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF, ACCESS TO, BROWSING IN, PURCHASING BY, FROM OR THROUGH, OR OTHER ACTIVITY, TOUCHING, OR CONNECTING TO THE SITE OR ANY CONTENT, (II) ANY FAILURE OR DELAY OF HDP USER GROUP FOR ANY REASON OR NO REASON, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY HDP USER GROUP OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTY OR ANY OTHER PARTY OR NON-PARTY.

To the extent applicable law does not allow the limitations set forth herein, the foregoing may not apply to you, and you agree that damages may be difficult, inconvenient, impractical, or impossible to calculate, so you agree to accept liquidated damages in the amount of fifty dollars of United States currency (US $50) as the full and final amount in satisfaction for any claim, demand, suit, injury, or otherwise for damages.

8.Indemnification

You shall defend, hold harmless, and indemnify HDP User Group and its Affiliated Third Parties and their officers, directors, employees, and agents from and against any losses, (including without limitation reasonable legal and accounting fees) arising out of or resulting from any claim or cause of action or demand, brought by third parties as a result of your use of, access to, browsing of, interaction with, or connecting to the Site.

HDP User Group reserves the right, at its sole discretion, to assume, direct, or participate, at your and your organization’s expense, in the investigation, settlement, litigation, proceedings, and defense of any action or claim to which it is entitled to indemnification or defense. No claim shall be settled without HDP User Group’s prior written consent unless such settlement includes a complete release of HDP User Group and its members from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, HDP User Group.

9.Submissions

9.1

“Submissions” means all comments, feedback, suggestions, photos, e-mail, data, and similar information or materials that you submit, provide to, or make available to HDP User Group regarding the Site, members, or any products or services of HDP User Group. Submissions will not be confidential and will become the property of HDP User Group upon submission to HDP User Group. By providing any Submissions, you have assigned to HDP User Group, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions and such rights, title, and interest are unrestricted. You represent and warrant that any Submission you provide to HDP User Group will be complete and accurate, and do not violate the intellectual property rights of any third party. You acknowledge that you are responsible for the Submissions that you provide, and that you, not HDP User Group, have full responsibility for the Submissions, including their legality, reliability, and appropriateness.

9.2

Except as expressly stated and agreed upon in advance by HDP User Group, no confidential relationship shall be established in the event that you should make any oral, written, or electronic communication to HDP User Group (such as feedback, questions, comments, suggestions, ideas, etc.). If any part of the Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number), HDP User Group shall obtain, use, and maintain it in a manner consistent with HDP User Group’s Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and HDP User Group shall be free to reproduce, publish, exploit, or otherwise use such information for any purposes whatsoever, including, without limitation, the research, analysis, mining, development, manufacture, use, or sale of products, data, software, or systems incorporating such information, and as HDP User Group may now or later determine to be useful to HDP User Group. The sender of any information to HDP User Group is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

10.Governing law

This Agreement and its performance shall be governed by the laws of the Commonwealth of Arizona, United States of America, without regard to its conflicts of law provisions. You irrevocably consent to submit to the exclusive jurisdiction of the federal court located in the District of Arizona, in all questions and controversies arising out of or related to your use of, access to, browsing of, or otherwise related to the Site or these terms and conditions. You further agree to accept the venue of and service of process in any manner permitted by such courts.

11.Assignment

You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder. HDP User Group may assign convey, subcontract, or delegate its rights, duties or obligations hereunder without your consent or approval.

12.Waiver of Jury Trial; Limitation of Claims

TO THE EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THESE TERMS OR FROM YOUR USE OF THE SITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF RELATING TO THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

13.Additional Terms

13.1

HDP User Group may from time to time may offer discounts and promotions in respect of any products, memberships, or otherwise. The specific terms and conditions of those discounts and promotions will be located on a specific location on the Site; however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions. The provision of any such offers may be removed at any time in HDP User Group’s complete discretion.

13.2

Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by HDP User Group of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

13.3

Additional terms of use may apply to portions of the Site, and you agree to abide by such other terms of use with respect to such portions, including but not limited to any end use license agreement or any other license agreement.

14.Relationships

Your use of the Site does not create any employee, agent, partner, or joint venture relationship with HDP User Group for any purpose.

15.Severability

These terms of use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16.Interpretation

The parties desire that this Agreement be construed according to its terms, in plain English, without constructive presumptions against the drafting party, and without reference to the section headings.

17.Digital Millennium Copyright Act Agent

HDP User Group respects the intellectual property rights of others and requires that the users of the Site do the same. If you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, then please forward the following information to the Copyright Agent named below:

(a) Your address, telephone number, and email address;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the alleged infringing material is located;

(d) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

(f) A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Webmaster:

Email: [email protected] User Group.org

[There is a federal filing required with this information – Interim Designation with the Copyright Office for $105]

18.Entire Agreement; Modifications

These terms of use, together with those incorporated herein or referred to herein, constitute the entire agreement between HDP User Group and you relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter. HDP User Group may at any time modify these terms of use by posting changes to the Site, and your continued use of or other interaction regarding the Site will be conditioned upon the terms of use in force at the time of your use.

19. How to Contact HDP User Group

If you have any comments or questions, then please do not hesitate to contact HDP User Group at HDP User Group at the email address provided.