Last updated: May 27, 2022
CONTENTS
Introduction and Overview
- Restrictions on Use of the Services
- Property of Silgan; Copyright
- Comments; Idea Submissions
- Links
- Disclaimer
- Applicable Law
- Indemnity
- Third Party Rights
- Miscellaneous
- Privacy Policy
- Forward-Looking Statements
- Copyright Infringement and DMCA Policy
- Contact Us
Introduction and Overview
Please read this Agreement carefully before accessing or using Silgan’s
Services. By accessing or using the Services in any manner, including, but
not limited to, visiting or browsing the Site, downloading any Apps,
registering an account, or contributing content or other materials to the
Services, you expressly understand, acknowledge, and agree to be bound by
this Agreement. You are only authorized to use the Services if you agree to
abide by all applicable laws and to these Terms of Use.
The following Terms and Conditions of Use govern all use of our website at
silgancontainers.com (the “Site”), our mobile/tablet applications (“Apps”),
and any use of other websites, pages, features, or content owned and
operated by Silgan that direct to this Terms and Conditions of Use
(collectively, including the Site and Apps, the “Services”).
The Services are owned and operated by Silgan Containers LLC/Silgan Containers Manufacturing Corporation (“Silgan,”“we”, “us,” or “our”) and are offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all
other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to
time on the Services by Silgan (collectively, the “Agreement”).
If these terms and conditions are considered an offer by Silgan, acceptance
is expressly limited to these terms. The Services are available only to
individuals who are at least 16 years old.
If you do not feel comfortable with any part of this Agreement, please
discontinue use of the Services or engaging with Silgan immediately.
Silgan reserves the right, in its sole discretion, to modify or replace any
part of this Agreement, including the Privacy Policy, at any time. It is
your responsibility to check this Agreement periodically for changes. If we
modify material terms to this Agreement, such modification will be
effective after we send you notice of the amended Agreement. Such notice
will be in our sole discretion, and the manner of the notification may
include, for example, via email, posted notice on the Services, or other
manner. Your continued use of or access to the Services following the
posting of any changes to this Agreement constitutes acceptance of the
modified terms. Silgan may also, in the future, offer new services and/or
features through the Services. Such new features and/or services shall be
subject to the terms and conditions of this Agreement.
1. Restrictions on Use of the Services.
Silgan authorizes you, and grants to you only a limited non-exclusive
license, non-transferable revocable by Silgan at any time, to view the
information on our Services only for personal use purposes and not for
commercial use. You agree not to interrupt or attempt to interrupt the
operation of our Services in any way. You further agree that no material
from our Services (including but not limited to the text, images, audio,
and/or video) and no software from our Services (including but not limited
to any images or files incorporated in or generated by the software or data
accompanying such software) may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way or decompiled,
reverse engineered or disassembled, except that you may download one copy
of such materials on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright, trademark and other
proprietary notices. For the avoidance of doubt, Silgan owns all content,
photos, images, software, and other materials displayed or made available
on Silgan’s Services. Modification of any of such materials or software or
use of any such materials or software for any other purpose is a violation
of Silgan’s copyright, trademark, and other proprietary rights. The use of
any of such materials or software on any other website or networked
computer environment is prohibited without Silgan’s express prior written
consent.
Notwithstanding anything to the contrary, you acknowledge that Silgan
reserves the right in its sole discretion to refuse or terminate access to
the Services by you at any time. Moreover, any breach of this Agreement
shall result in the immediate revocation of the license granted in this
section without notice to you.
Silgan makes no warranty or representation that materials on the Services
are appropriate or available for use at locations outside of the United
States and access to them from territories where their contents are illegal
is prohibited. You may not use the Services or export the materials from
the Services in violation of export laws and regulations of the United
States. If you access the Services from a location outside of the United
States, you are responsible for compliance with all local laws. Software
from the Services is further subject to United States export controls and
may not be downloaded by any person or entity prohibited by any law, rule,
regulation, or order of the United States or otherwise exported or reported
into any country to which the United States has embargoed goods.
2. Property of Silgan; Copyright.
The entire contents of the Services (including, without limitation, the
organization, gathering, graphics, design, software, compilation, magnetic
translation, and digital conversion) are the property of Silgan and are
copyrighted and protected by applicable copyright, trademark, and other
proprietary laws of the United States. Any use of any of the contents of
the Services other than as expressly permitted herein is strictly
prohibited. “Silgan” and “Silgan” with the triangles design are registered
trademarks of Silgan in the United States. Additionally, the Services may
include names, logos, and marks of third parties. The use or misuse of
these names, logos, and/or marks for any purpose is strictly prohibited by
applicable laws. You acknowledge and agree that in no event do you acquire
any rights (ownership or otherwise) to the Services or any of their
contents.
This Agreement does not transfer from Silgan to you any Silgan or
third-party intellectual property, and all rights, titles, and interest in
and to such property will remain (as between the parties) solely with
Silgan and its affiliates, and all other trademarks, service marks,
graphics and logos used in connection with them or the Services are
trademarks or registered trademarks of Silgan. Your use of the Services
grants you no right to license or reproduce or otherwise use any Silgan or
third-party trademarks, copyrights, or intellectual property.
Content on the Services is provided to you on an as-is basis for your
information only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior
written consent of Silgan or the respective owners or licensors. We reserve
all rights not expressly granted in and to the content. You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information about the Services (“Feedback”), provided by you to us are
non-confidential and shall become the sole property of Silgan. You grant us
permission to use, implement, copy, publish and/or reproduce Feedback,
without limitation, fee, and royalty-free.
You agree to not engage in the use, copying, or distribution of any of
Services content other than as expressly permitted herein. You agree not to
circumvent, disable or otherwise interfere with security-related features
of the website or features that prevent or restrict the use or copying of
any content or enforce limitations on the use of the Services or the
content therein.
3. Comments; Idea Submissions.
Except as otherwise provided elsewhere in this Agreement or on the
Services, anything that you submit or post to the Services and/or provide
to Silgan, including, without limitation, picture, video, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively,
“Submissions”) is and will be treated as non-confidential and
nonproprietary, and by submitting or posting, you agree to irrevocably
license the entry and all IP rights related thereto (excluding the moral
rights such as authorship right) to Silgan without charge, and Silgan shall
have the royalty-free, worldwide, perpetual, irrevocable, and transferable
right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any means
and in any form, and to translate, modify, reverse-engineer, disassemble,
or decompile such Submissions. All Submissions shall automatically become
the sole and exclusive property of Silgan and shall not be returned to you
and you agree not to raise any dispute in connection with any use of the
entry by us in the future.
You warrant that your Submissions, in whole or in part, are clear and free
of any IP right infringement, disputes, or third-party claims. We assume no
liability for any misuse of copyright or any other rights of third parties
by you. You undertake to defend, indemnify and hold harmless Silgan against
any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post
comments or reviews to the Services, you also grant Silgan the right to use
the name that you submit with any review, comment, or other content, if
any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the rights
to the reviews, comments, and other content that you post on this site and
that use of your reviews, comments, or other content by us will not
infringe upon or violate the rights of any third party. You shall not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead Silgan or third-parties as to the origin of any
Submissions or content. We may but shall not be obligated to remove or edit
any Submissions (including comments or reviews) for any reason.
Without limiting any of those representations or warranties, Silgan has the
right (though not the obligation) to, in our sole discretion, (i) refuse or
remove any content that, in our reasonable opinion, violates any of our
policies or Agreement or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Services to any individual or
entity for any reason. We will have no obligation to provide a refund of
any amounts previously paid.
4. Links.
Silgan makes no representation whatsoever about any other website which you
may access through this Website. When you access any other website, please
understand that it is independent from Silgan and that Silgan has no
control over the nature of or the content on that website. In addition, a
link to a website does not mean that Silgan endorses such website or its
content or accepts any responsibility for the content or the use of such
website or the privacy practices of such website. Additionally, it is your
responsibility to take precautions to ensure that whatever you access or
use is free of such items as viruses, worms, and other items of a
destructive nature. You also understand that Silgan cannot and does not
guarantee or warrant that files available for downloading through the
Services or any other website that you access through the Services will be
free of infection or viruses, worms, or other code that manifest
contaminating or destructive properties. Silgan makes no representation or
warranty as to any information from any other website or any products or
services described therein.
5. Disclaimer.
SILGAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
VALIDITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF OR OTHERWISE RESPECTING, THE CONTENT OF THE SERVICES OR ANY OTHER
WEBSITES LINKED TO OR FROM THIS WEBSITE. THE CONTENT OF THE SERVICES IS
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,
SILGAN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE SERVICES OR ITS CONTENTS, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. YOU
ACKNOWLEDGE THAT ANY RELIANCE BY YOU ON ANY OF THE CONTENT OF THE SERVICES
SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
SILGAN NOR ITS AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF YOUR ACCESS TO,
OR USE OF, THE SERVICES OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA OR INFORMATION ON YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SILGAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN, OR DOWNLOADING
OF ANY OF THE SERVICES, OR ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING
IN OR DOWNLOADING OF ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THE
SERVICES.
THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS OF
USE ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR SILGAN ALLOWING YOU TO HAVE
ACCESS TO AND USE THE SERVICES, WHICH WOULD NOT BE PROVIDED WITHOUT SUCH
EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES, IN WHICH CASE IN SUCH
JURISDICTIONS TO THE EXTENT APPLICABLE THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
6. Applicable Law.
The Services are controlled and operated by Silgan from offices within the
United States. BY ACCESSING THE SERVICES YOU AGREE THAT THE STATUTES AND
LAWS OF THE UNITED STATES AND SPECIFICALLY THE STATE OF CALIFORNIA IN THE
UNITED STATES, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES, WILL
APPLY TO THESE TERMS AND CONDITIONS AND ALL MATTERS RELATING TO THE USE OF
THIS WEBSITE, AND YOU AGREE THAT ANY LITIGATION WITH RESPECT THERETO SHALL
BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN
THE CITY OF LOS ANGELES IN THE STATE OF CALIFORNIA IN THE UNITED STATES.
Any cause of action or claim that you may have with respect to the Services
must be commenced within one year after the claim or cause of action arises
or such claim or cause of action is forever and permanently barred. Those
who access the Services from other locations outside of the United States
do so at their own risk and are responsible for compliance with applicable
local laws. Silgan makes no representation that the content in the Services
is appropriate or available for use in locations other than in the United
States, and access to it from territories where the content is illegal is
prohibited.
7. Indemnity.
You agree to release, indemnify, defend and hold harmless Silgan and any
subsidiaries, affiliates, related companies, suppliers, licensors and
partners, and the officers, directors, employees, agents, and
representatives of each from all third-party claims and costs (including
all losses, expenses, damages, liabilities, judgments, injuries, penalties,
claims, causes of actions, and reasonable attorneys’ fees) arising out of
or related to (1) your use of the Services; (2) your conduct or
interactions with other users of the Services; (3) your breach of this
Agreement. We will notify you promptly of any such claim and will provide
you (at your expense) with reasonable assistance in defending the claim.
You will allow us to participate in the defense and will not settle or
compromise any such claim without our prior written consent. We reserve the
right, at our own expense, to assume the exclusive defense of any matter
otherwise subject to indemnification by you. In that event, you will have
no further obligation to defend us in that matter. The Indemnifying Party
may not settle or compromise the claim without the prior written consent of
the Indemnified Party
8. Third Party Rights.
The provisions of paragraphs 2, 3, 5, 6, and 7 of these terms and
conditions are for the benefit of Silgan and its affiliates and their
respective officers, directors, employees, agents, and licensors, as well
as any third-party information providers to the Services. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
9. Miscellaneous.
If for any reason a court of competent jurisdiction finds any provision of
these terms and conditions or portion thereof to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to
effectuate the intent of these terms and conditions and the remainder of
these terms and conditions shall continue in full force and effect. These
terms and conditions constitute the entire agreement between Silgan and you
regarding its subject matter. Silgan’s failure to insist upon or enforce
strict performance of any provision of these terms and conditions at any
time shall not be construed as a waiver of such provision of any other
provision or right. These terms and conditions may be modified or changed
only by Silgan as permitted herein. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of these
terms and conditions. Silgan may assign its rights and duties under these
terms and conditions to any party at any time without notice to you. These
terms and conditions shall inure to the benefit of, and be enforceable by,
Silgan and its successors and assigns in addition to the parties referred
to in paragraph 8 hereof. You agree that Silgan shall be entitled to
injunctive or other equitable relief as a matter of right in the event of
any breach or threatened breach by you of any of these terms and
conditions, without any requirement to post any bond or other security.
10. Privacy Policy.
Your privacy is respected and is critically important to us. When you use
our Services, including to fill out forms or to contact us, you agree to
provide us with your email address, postal address, and/or other requested
details truthfully and exactly.
You also agree that we may use this information to contact you. To fully
understand how we collect and use your personal information, including in
relation to our Services, how to unsubscribe from non-transaction
communications, and to learn more about our website cookies and similar
technologies, please see our Privacy Policy.
When communicating with us by email or through forms on our Services, we
ask that you please do not send us any sensitive information pertaining to
yourself, as Silgan does not collect or store sensitive information or
special categories of information.
11. Forward-Looking Statements.
The Services contain information and press releases about Silgan. Silgan
disclaims any duty or obligation to update such information. Certain
statements included in such information and press releases that are not
historical facts are “forward-looking statements” made pursuant to the safe
harbor provisions of the Private Securities Litigation Reform Act of 1995
and Securities Exchange Act of 1934. Such forward-looking statements are
made based upon management’s expectations and beliefs concerning future
events impacting Silgan and therefore involve a number of uncertainties and
risks, including, but not limited to, those described in Silgan’s latest
Annual Report on Form 10-K and Silgan’s other filings with the Securities
and Exchange Commission. As a result, the actual results of the operations
or financial condition of Silgan could differ materially from those
expressed or implied in such forward-looking statements.
12. Copyright Infringement and DMCA Policy.
As Silgan asks others to respect its intellectual property rights, we
respect the intellectual property rights of others. If you believe that
material located on or linked to by Silgan violates your copyright, you are
encouraged to notify us in accordance with the Digital Millennium Copyright
Act. To do so, please send an email to
silgancontactus@silgancontainers.com
with the subject “DMCA Notice”, and include the following:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material or link on our Services that you claim is
infringing your copyrighted work; - Provide your full legal name, company affiliation, mailing address,
telephone number, and email address; and - Include in the body of your notice the following statement, followed by
your electronic or physical signature: “I hereby state that the
information in this Notice is accurate and, under penalty of perjury,
that I am the owner, or authorized to act on behalf of, the owner, of
the copyright or of an exclusive right under the copyright that is
allegedly infringed.”
Silgan will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to
the infringing material. We will terminate a visitor’s access to and use of
the Services if, under appropriate circumstances, the visitor is determined
to be a repeat infringer of the copyrights or other intellectual property
rights of Silgan or others. In the case of such termination, we will have
no obligation to provide a refund of any amounts previously paid to Silgan.
13. Contact Us.
Should you have any questions about these Terms & Conditions of Use or
our Services, please contact us at silgancontactus@silgancontainers.com.