Berry Global Inc., and/or one or more of its affiliates and subsidiaries (collectively “Berry”) operate this website primarily to provide information on Berry’s products and other commercial information. This website could contain product details or information otherwise not accessible or valid in your country. Please be aware that we do not take any responsibility for your accessing of such information which may not comply with any legal process, regulation, registration or usage in the country of your origin.
Copyright and Trademark Attribution Statements
© 2020 Berry Global Inc. All Rights Reserved. Berry Global and the Berry Global Logo are trademarks of Berry Global, Inc.
Acceptance of Terms; Binding Agreement
Please carefully review these Terms of Use and all of the following terms and conditions of use, which apply to everyone who visits this or any other Berry websites that link to these terns if use (collectively for the purposes of these Terms, the “Website” or these “Websites”). You must be at least 18 years old to use the Website, and have the legal capacity, and the full power and authority to enter into these Terms. By accessing and using these Websites, you acknowledge that you have read and understood, and as a condition to your use of the Websites, and unless it is unlawful or invalid under applicable law, you are agreeing to abide by, and be bound by, the following terms and conditions and any amendments in effect at the time of your visit. Berry may modify these Terms and any associated policies on a going forward basis at any time by updating these legal notices, and we encourage you to review the terms and conditions because any such modifications will be binding on you. These Terms will indicate the date of last revision, and, where material, the changes will become effective upon the earlier of your use of the Website with actual notice of the change, or thirty days following publication. Without limiting the generality of the foregoing, disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.
Copyright/Trademark Notice
Trademarks and service marks on this or any other Berry Websites are registered and unregistered trademarks of Berry and others. Nothing contained on the Websites should be construed as granting any license or right to use any such marks without the written permission of Berry or such other party who may own such mark(s). The contents of this or any Berry Websites (including, without limitation, their arrangement and layout; names and logos; and text, illustrations and artwork used therein; and any Berry apps) are the copyrighted property of Berry (or the original creator of the material) and are protected under applicable copyright, trademark and other intellectual property laws. Berry authorizes you, subject to these terms and conditions, to access and use the Berry Websites and the copyrighted content solely for your own use, at Berry’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of the Berry Websites may violate civil and/or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.
Berry reserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you, and will have no liability for any change to the Website or its contents, or any suspension or termination of your access to or use of the Website. If you violate any provision of these Terms, your authorization to access the Website will automatically terminate. In addition, Berry may, at its sole discretion, suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate, and you must immediately cease all use of the Website. Those provisions of these Terms that, by their nature are intended to survive, will survive termination.
No Advice
Product information on this website is provided by Berry and is intended for general information purposes only. Nothing contained in the Berry Websites is, or should be construed as legal, investment, financial or other advice. Without limitation, the materials on the Website are provided for informational purposes only.
Void Where Prohibited
Berry reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Website is void where prohibited.
Privacy Notice
Please read the Berry Privacy Notice carefully for information relating to our collection, use, storage, processing, and disclosure of your personal information. By using the Website, you are acknowledging that you have read the Berry Privacy Notice and understand its collection, use, storage, processing, and disclosure practices described therein.
Links
Berry Websites may contain links to third-party Websites, which are provided as a convenience to users of our Websites and are not controlled by Berry. Berry makes no claim or warranty of, and is not responsible for, any information found in a linked Website. Inclusion of any third-party link does not imply an endorsement or recommendation by Berry.
No Representation or Warranty
BERRY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), OR ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE WITH REGARD TO THE WEBSITE OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING THE ACCURACY, COMPLETENESS, CURRENCY OF SUCH INFORMATION OR MATERIALS, OR THE FREQUENCY THAT THEY ARE UPDATED. YOU AGREE THAT THE BERRY WEBSITES AND EVERYTHING ON THE BERRY WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BERRY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ITS WEBSITES OR YOUR USE OF THE WEBSITES. BERRY MAKES NO CONDITIONS OR WARRANTIES THAT (I) THE BERRY WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE BERRY WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BERRY WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE BERRY WEBSITES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS ON THE BERRY WEBSITES WILL BE CORRECTED, (VI) THAT YOUR USE OF THE BERRY WEBSITES OR ANY MATERIAL OBTAINED FROM THE BERRY WEBSITES WILL NOT CAUSE ANY HARM OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR THAT NO LOSS OF DATA WILL RESULT FROM OBTAINING SUCH MATERIAL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BERRY DOES NOT DISCLAIM ANY CONDITION, WARRANTY OR OTHER RIGHT THAT BERRY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF BERRY’S WEBSITES IS AT YOUR OWN RISK. IN NO EVENT SHALL BERRY OR ANY OF ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR ANY CLAIMS OR LOSSES, RESULTING FROM OR IN CONNECTION WITH THE CREATION OR USE OF, OR RELIANCE ON, THIS SITE, ANY OTHER BERRY WEBSITE OR ANY LINKED WEBSITE CONTAINED IN ANY SUCH SITES, OR ANY OF THE INFORMATION ACCESSED THROUGH ANY SUCH SITE OR FROM THE INABILITY TO USE ANY SUCH SITE. THIS LIMITATION INCLUDES DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF BERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE BERRY WEBSITES; (II) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE BERRY WEBSITES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE BERRY WEBSITES; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY BERRY; OR (VI) ANY OTHER MATTER RELATING TO THE BERRY WEBSITES. THE DISCLAIMERS AND LIMITATIONS PROVIDED IN THESE TERMS SHALL APPLY IRRESPECTIVE OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLY BY LAW, BERRY AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BERRY WEBSITES OR YOUR USE OF BERRY’S CONTENT, REGARDLESS OF CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 IN THE AGGREGATE.
Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Berry Websites and you agree to defend, indemnify, and hold harmless Berry and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, and any related liability, damage, loss, and expense, including without limitation reasonable legal and accounting fees, alleging or resulting from or connected with (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Berry content, (iii) your unauthorized use of, or misuse of, the Berry Websites, or (iv) your violation of any portion of these terms and conditions, any representation, warranty, or any applicable law or regulation. Berry shall provide notice to you promptly of any such claim, suit, or proceeding. Berry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Berry’s defense of those claims.
Your Conduct
You may not alter or attempt to alter the Website or any of the materials or content available through the Website, nor may you distribute any material available through the Website (individually or in aggregated form). You also may not embed or frame the Website, or otherwise incorporate the Website or any of its content in any other site or service, without first obtaining written authorization from Berry, subject to applicable laws on fair use and/or lawful citations. Further, you may not use the Website services in any manner that could disable, overburden, or impair any of Berry’s servers or servers to which Berry has obtained access, or interfere with any third party’s use and enjoyment of the Website services, other accounts, computer systems, or networks connected to any Berry server or the Website, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, including through the use of any automated spider, bot, scraper, or other similar means (except in connection with bona fide, general purpose search engine indexing). Your right to use the Website services may be further limited by international law, federal law, or the laws and regulations of your particular state or locality. You shall not use the Website services to (i) post user comments containing spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) upload or post infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates a third party’s privacy rights; (iii) upload or post material containing software viruses or other harmful computer codes, files, scripts, agents, or programs; or (iv) solicit, for commercial purposes, any users of the Website services with respect to their content, by using any personally identifiable information or communication forums on the Website. You shall not circumvent, disable, or otherwise interfere with security-related features of the Website or features that enforce limitations on use of the Website services, or otherwise access or attempt to access any areas, features, or content from the Website for which you do not have the proper access credentials. You may not reverse engineer or attempt to reverse engineer the Website or any technology or systems used in connection therewith.
Governing Law and Venue
These Terms will be governed by and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and Berry arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts located within Delaware, provided that we each agree to utilize non-appearance based procedures in connection with the pursuit of any claim hereunder to the greatest degree available permissible. You and Berry agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
General Terms
These Terms of Use together with any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and Berry regarding your use of this Website, but not other commercial arrangements you have with Berry. You may not assign or transfer these terms and conditions or your rights under these terms and condition, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms and conditions at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these terms and conditions, or any provision of these terms and conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms and conditions is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use, the use of the word “including” means “including but not limited to.” If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.