ALBIS Americas Terms of Use

THESE TERMS OF USE (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ALBIS PLASTICS CORPORATION AND ITS CORPORATE AFFILIATES (“ALBIS”, “WE”, “US”, OR “OUR”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES AND ASSOCIATED SERVICES (“SERVICES”) LOCATED AT THE URL: WWW.ALBISAMERICAS.COM, AND ALL OTHER ALBIS SITES WHERE THESE TERMS ARE POSTED (THE “SITE”).  BY USING THE SITE, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

Changes

We may make changes to the content and Services offered on the Site at any time. We can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and, if you have created an account with ALBIS (as described below), by emailing you at the address associated with that account. By using the Site after ALBIS has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age.

ALBIS provides content through the Site that is copyrighted and/or trademarked work of ALBIS, our third-party licensors and suppliers, or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content.  Subject to the terms and conditions of these Terms, and your compliance with these Terms, ALBIS hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Using the Site and the Services on the Site 

You need not register with ALBIS to simply visit and view the Site and use many of the Services available on the Site.  However, ALBIS may from time to time require you to register for an account with ALBIS in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site.

If you desire to register for an account with ALBIS, you must submit information through the account registration page on the Site, which may include your e-mail address, name and mailing address. Once you have submitted your account registration information, ALBIS shall have the right to approve or reject the requested account, in ALBIS’ discretion.  If your account is approved, you will be permitted to login to the applicable Site or Service(s) using the password you select.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.  You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes.

Electronic Communications

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from ALBIS.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site.  These electronic communications are part of your relationship with ALBIS.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Please review ALBIS’ Privacy Policy, which explains how we use information that you submit to ALBIS.

Links to Third-Party Sites

Our Site may be linked to other websites that are not ALBIS sites (collectively, “Third-Party Sites”).  Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Site.  In any case, you acknowledge and agree that the Third-Party Site may have different privacy policies and terms and conditions of use than are found on our Site, and you further acknowledge and agree that, in such cases, your use of such Third-Party Site is governed by such third party privacy policies and terms and conditions of use.  ALBIS provides links to Third-Party Site to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Site. YOU AGREE THAT ALBIS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD-PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  Unless specifically stated on our Site, we do not endorse any such Third-Party Site, the products, services, or materials found there, or any results that may be obtained from using them.

Unauthorized Activities

When using the Site, you agree to abide by common standards of decency and act in accordance with the law.  By way of example and not limitation, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on the Site.
  • Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive.  ALBIS reserves the right to terminate access to your account with or without cause and with or without notice, for any reason or no reason, or for any action that ALBIS determines is inappropriate or disruptive to the Site or to any other user of the Site and/or Services.  ALBIS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at ALBIS’ discretion, ALBIS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Unauthorized use of any Materials contained on the Site may violate certain laws and regulations.

You agree to indemnify and hold ALBIS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ALBIS or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights

The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are and remain the registered and/or common law marks of ALBIS, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.

Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ALBIS.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner. 

Intellectual Property Infringement

ALBIS respects the intellectual property rights of others, and we ask you to do the same.  ALBIS may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please provide ALBIS’ designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ALBIS to locate the material.
  • Information reasonably sufficient to permit ALBIS to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ALBIS’ agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

ALBIS Plastics Corporation
13131 Dairy Ashford Road, Suite 175
Sugar Land, Texas 77478
Tel: (+1) 832 294 2702
Fax: (+1) 281 903 7357
info.na@remove-this.albis.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties

Your use of the Site and the Services is at your own risk.  The Materials have not been verified or authenticated in whole or in part by ALBIS, and they may include inaccuracies or typographical or other errors.  ALBIS does not warrant the accuracy of timeliness of the Materials contained on the Site.  THE COLORS AND PRODUCT DETAILS SHOWN ON THIS SITE ARE COMPUTER SIMULATIONS OF THE COLORS AND OTHER CHARACTERISTICS, AND MAY NOT MATCH THE PRODUCT’S TRUE COLOR. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALBIS has no liability for any errors or omissions in the Materials, whether provided by ALBIS, our licensors or suppliers or other users.

ALBIS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  ALBIS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

ALBIS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF ANY SERVICES OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES.  IN NO EVENT SHALL ALBIS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ALBIS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

ALBIS controls and operates the Site for use within the United States of America and the Services and Materials may not be appropriate or available for use in other locations.  If you use the Site and/or Services outside the United States of America, you are solely responsible for following applicable local laws.

Feedback 

If you send or transmit any communications, comments, questions, suggestions, or related materials to ALBIS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and ALBIS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that ALBIS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Jury Waiver 

You understand and agree that by entering into this Agreement you and ALBIS are each waiving the right to a jury trial which, in the absence of this Provision, you and ALBIS might otherwise have had.

Severability

If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.

Continuation

This Provision shall survive the termination of your service with ALBIS or its affiliates.  Notwithstanding any provision in this Agreement to the contrary, we agree that if ALBIS makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require ALBIS to adhere to the language in this Provision if a dispute between us arises.

General

ALBIS prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by ALBIS, may result in immediate termination of your access to the Site without prior notice to you.  South Carolina state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.  Any disputes relating to these Terms or the Site or the Services will be heard in the courts located in Houston in the State of Texas.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  ALBIS’ failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and ALBIS and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ALBIS about the Site and Services.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us 

If you have any questions about these Terms, you can reach us by

ALBIS Plastics Corporation
13131 Dairy Ashford Road, Suite 175
Sugar Land, Texas 77478
Tel: (+1) 832 294 2702
Fax: (+1) 281 903 7357
info.na@remove-this.albis.com