Terms of Use

Last Updated: July 2 , 2014

INTRODUCTION. Welcome to Acme Corrugated Box Co., Inc. (“Acme”). By accessing the Acme website, the Content (as defined below) located thereon or any portion or derivative thereof (collectively, the “Site”), you are agreeing to our terms of use set forth in this section of the Site (the “Terms of Use”) including any terms available by hyperlink in the Terms of Use, as well as our policies regarding your personal information (the “Privacy Policy”). We strongly recommend that as you read these Terms of Use you access and read all of the information provided by hyperlink. You should also read the Privacy Policy which can be accessed via the link included below or via the Site. If you object to any of the terms in the Terms of Use or the Privacy Policy please do not use the Site.

LIMITED LICENSE TO ACME SITE. Acme grants you a limited, revocable and non-exclusive license to make personal, non-commercial use of the Site. Any unauthorized use of the Site shall terminate any license or permission granted by Acme.

PRIVACY AND SECURITY

The Acme Privacy Policy is incorporated by reference into these Terms of Use and may be accessed on our Privacy Policy Page. Please review the Privacy Policy to understand Acme’s practices since your use of the Site and our services is subject to the Privacy Policy.

RESTRICTIONS OF USE OF ACME SITE. You must be at least 18 years old to use the Site. If you are under 18 years old, you may use the Site only with supervision and involvement of your parent or legal guardian.

You agree to use the Site only for lawful purposes and are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, defamatory or other objectionable material of any kind.

Your limited license granted above does not include any rights to:

  • modify, download, reproduce, copy, or resell the Site, the Content, or any portion or derivative of the Site or Content;
  • commercially use the Site, the Content, or any portion or derivative of the Site or Content;
  • copy or download any account information (including, without limitation, your own account information) for any purpose;
  • use any robot, spider, data miner, scraper or other tool to access the Site or its related systems for any purpose;
  • interfere with the proper working of the Site;
  • bypass any measures used to prevent or restrict access to any portion of the Site;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Acme;
  • use Acme’s name, trademarks, services marks or logos in any meta tags or any other similar hidden text; or
  • compile, disseminate or otherwise use data extracted from the Site.

REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we suspect is, untrue, inaccurate, not current or incomplete, Acme may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion of the Site).

If any portion of the Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Acme of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Acme may otherwise have, Acme reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Acme may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Acme be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Acme under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree such steps do not guarantee use of the Site is invulnerable to all security breaches, and Acme makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

PROPRIETARY RIGHTS. You acknowledge that the Site, its content and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by Acme and protected by federal, state and common law intellectual property laws. All content available on the Site (“Content”), and the selection, arrangement, coordination, compilation and derivatives of such Content, is copyrighted under the U.S. and international copyright laws and owned exclusively by Acme. You may not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any of the Content, in whole or in part, whether yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

Acme Corrugated Box Co., Inc., “Acme” and other logos, designs and service names on the Site (“Acme Marks”) are trademarks and trade dress owned exclusively by Acme and are protected under United States trademark law.

Your limited license to use the Site does not include any right to use the Acme Marks or Content in any manner without Acme’s prior written authorization. Without limiting the foregoing, you may not use any Acme Marks or Content in connection with a product or service that is not Acme’s, in any way that is likely to cause confusion among consumers or is disparaging or defamatory in any way.

THIRD PARTY WEBSITES. The Site may contain links to other websites not operated by Acme, which are completely independent of the Site. Your interactions with such third party sites, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. Acme makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by Acme of those websites or the contents of any such website. Acme is not responsible for the content, links or privacy of any linked website. Access to any other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including, without limitation, privacy and data gathering practices, of such third-party website.

DISCLAIMER OF WARRANTY. THE SITE AND ALL INFORMATION, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), SERVICES, CONTENT, AND ACME MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY ACME “AS IS” AND ON AN “AS AVAILABLE” BASIS. ACME MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE OPERATION OF THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, SERVICES AND ACME MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ACME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. ACME MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. ACME MAKES NO WARRANTY AND DISCLAIMS ANY LIABILITY REGARDING THE ACCURACY OR VALIDITY OF ANY DATA, MATERIALS AND/OR INFORMATION AVAILABLE THROUGH USE OF THE SITE OR RESIDING ON OR PASSING THROUGH ANY INTERCONNECTING NETWORKS USED IN CONNECTION WITH THE SITE. IN NO EVENT SHALL ACME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM RELIANCE ON ANY DATA, MATERIALS, CONTENT OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE SITE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL ACME OR ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM RELIANCE ON ANY DATA, MATERIALS, CONTENT, PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE SITE. ACME AND ITS EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS SHALL NOT BE LIABLE FOR, AND YOU SHALL BE SOLELY RESPONSIBLE FOR, YOUR HARDWARE, NETWORK CONNECTIVITY, HOSTING SERVICES, OPERATIONAL SOFTWARE, THIRD PARTY SOFTWARE, SECURITY, THE BACKUP AND STORAGE OF ANY DATA, AND THE ACTS AND OMISSIONS OF YOUR VENDORS. IN NO EVENT SHALL ACME OR ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK, ARISING FROM USE OF THE SITE OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE), SERVICES, CONTENT, OR ACME MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, DIRECT, EXEMPLARY, OR SPECIAL DAMAGES, EVEN IF ACME HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

YOU ACKNOWLEDGE ACME IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OR MATERIAL FOUND ON OR IN CONNECTION WITH OR TRANSMITTED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.

YOU UNDERSTAND YOUR USE OF THE SITE AND RELIANCE ON ITS MATERIALS IS AT YOUR SOLE RISK. Certain state laws do not permit exclusions of certain damages or limitations of implied warranties. If these laws apply to you, some of the above may not apply to you and you may have additional rights.

INDEMNITY. You agree to indemnify and hold harmless Acme and its officers, directors and employees against any claim or demand, including reasonable attorneys’ fees, made by a third party related to or arising out of your: (1) access or use of the Site; (2) failure to access or use the Site; (3) breach of these Terms of Use, including, without limitation, the Privacy Policy; and (4) violation of any applicable law or the rights of a third party.

TERMINATION. You understand and agree that Acme may suspend or terminate your use of the Site at any time if Acme determines you have violated or attempted to violate these Terms of Use.

APPLICABLE LAW; JURISDICTION; VENUE; INJUNCTIVE RELIEF. By visiting the Site, you agree that the substantive and procedural laws of the Commonwealth of Pennsylvania, except with respect to that body of law relating to choice of law, shall govern these Terms of Use and any other dispute arising between you and Acme. You also consent to exclusive jurisdiction and venue in the state courts located in Montgomery County of the Commonwealth of Pennsylvania and in the United States District Court located in the Eastern District of the Commonwealth of Pennsylvania. YOU FURTHER IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY SUCH DISPUTE, ACTION OR PROCEEDING.

Notwithstanding anything to the contrary in these Terms of Use, Acme may seek injunctive or other appropriate relief, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you infringe or otherwise violate Acme’s intellectual property rights. Any award made by a Court in conjunction with litigation between the parties regarding these Terms of Use shall include an award of all reasonable attorneys’ fees and legal costs incurred by the party in whose favor the final decision is rendered.

MODIFICATIONS. Acme reserves the right to make modifications to the Terms of Use from time to time and will post a notification of such changes on the Site. You are responsible for periodically checking the Site to become aware of any such modifications. Click here to see the most recent modifications.

SEVERABILITY; WAIVER. If any provision of the Terms of Use shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use. These Terms of Use may be waived, only by a written instrument signed by the party waiving compliance. The waiver by any party hereto of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach.

INDEPENDENT CONTRACTORS. No agency, association, partnership or joint venture between you and Acme is intended or created by these Terms of Use.

SITE SECURITY

Violating the security of our Site is prohibited and may result in criminal and civil liability. Acme may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including, without limitation, any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, system flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, and using manual or electronic means to avoid any use limitations.

ENFORCEMENT

Acme reserves the right but does not assume the obligation to strictly enforce these Terms of Use, including, without limitation, by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

Acme may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on Acme´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including, without limitation, these Terms of Use), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of Acme’s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

ENTIRE AGREEMENT. These Terms of Use and the Privacy Policy, incorporated by reference herein, constitute the complete agreement between you and Acme and supersedes all previous communications, representations, proposals or agreements, either oral or written, with respect to the Site and any information, materials, products, services, Acme Marks or Content available through the Site.

CONTACT INFORMATION

Please direct all inquiries regarding the Site or this Terms of Use to service@acmebox.com.