Welcome to the website (the "Site", "apogeecontainers.com") of Apogee Containers, Incorporated. Apogee Containers, Incorporated provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Apogee Containers, Incorporated service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Apogee Containers, Incorporated reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Use of Site
Subject to the terms and conditions of this Agreement, Apogee Containers, Incorporated hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of understanding and acquiring Apogee Containers, Incorporated packaging on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Apogee Containers, Incorporated in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Apogee Containers, Incorporated in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Apogee Containers, Incorporated in advance. Apogee Containers, Incorporated reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Apogee Containers, Incorporated believes that customer conduct violates applicable law or is harmful to Apogee Containers, Incorporated's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Apogee Containers, Incorporated may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Apogee Containers, Incorporated has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Apogee Containers, Incorporated of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
All text, graphics, button icons, images, audio clips, video clips, and software (collectively, "content"), belongs exclusively to Apogee Containers, Incorporated or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Apogee Containers, Incorporated or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Apogee Containers, Incorporated and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Apogee Containers, Incorporated, its suppliers or third parties. The use of any Apogee Containers, Incorporated trademark or service mark without the express written consent of Apogee Containers, Incorporated is strictly prohibited. You may not use any Apogee Containers, Incorporated trademark or service mark in any way that is likely to cause confusion. You may not use Apogee Containers, Incorporated trademarks or service marks that in any way disparages or discredits Apogee Containers, Incorporated.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Apogee Containers, Incorporated may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Apogee Containers, Incorporated shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Disclaimer and Limitation of Liability
To the maximum extent permitted by law, Apogee Containers, Incorporated will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages to the maximum extent permitted by applicable law, Apogee Containers, Incorporated's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Apogee Containers, Incorporated during the month immediately preceding the act allegedly giving rise to Apogee Containers, Incorporated's liability.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Apogee Containers, Incorporated is not responsible for the operation of or content located on or through any such site.
- Payment terms. Net 30 days with approved credit.
- Screen Print Scrap Allowance. Screen-Printing per pass scrap allowance is 3% per pass. Labeling scrap allowance is 4% for front & back combined and 4% for full-wrap applications.
- Late fees. The purchaser shall not retain or withhold from (ACI) for invoices for any reason whatsoever. The purchaser’s payment obligations are in no way contingent upon receipt of payment from other parties. Each invoice rendered by ACI to the purchaser shall be deemed correct and binding. Contested production require a written statement of objection within ten (10) days after such invoice is rendered. Interest shall accrue on all amounts remaining unpaid 30 days after the invoice date. An interest rate of 1½% per month will apply to all late fees. Additionally, attorney’s fees and all cost incurred will apply. ACI reserves the right at any time to suspend credit or to change the credit terms provided herein at ACI’s sole determination.
- Delivery. ACI will not pay or be held liable for any penalty or damage for late deliveries. Shipping dates are approximate and are not guaranteed.
- Force Mejeur. ACI reserves the right to cancel or pass direct cost increases to customers should raw material and other costs increase. This quote is based on HDPE resin costs of $.70/lb.
- Screen Printing Setup charges. ACI charges $250.00 for setups less than 25,000 pieces and $75.00 for flavor changes less than 10,000 pieces.
- Tooling quotes do not include tax and shipping costs.
· Disclaimer of warranties. Any description of the goods or services contained on quotations, order acknowledgement, sales invoice or purchase order is for the sole purpose of identification and does not constitute a warranty that the goods will conform to that description. The use of any sample or model in connection with this sale is for illustrative purposes only and does not constitute a warranty that the goods will conform to the sample or model. ACI and its supplier makes no express or implied warranty of merchantability or fitness for a particular purpose with respect to the service performed hereunder. ACI makes no warranties whatsoever express or implied.
· Limitations of liability; ACI’S liability for any claim of any kind, including any such claim relating to ACI’S negligence, or for any loss or damage resulting from any contract for services of for the performance or breach thereof, or relating to the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of any goods, shall in no event exceed the price allocable for the services thereof. In no event shall any penalty or liquidation damages clause of any description be effective and binding upon ACI unless specifically approved in writing by an officer of ACI. In no event shall ACI be liable for special, incidental or consequential damages as those terms are defined in section 2-715 of the uniform commercial code.
Apogee Containers, Incorporated respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You agree that Apogee Containers, Incorporated's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Apogee Containers, Incorporated shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Apogee Containers, Incorporated may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Apogee Containers, Incorporated shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Apogee Containers, Incorporated of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by Apogee Containers, Incorporated in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
©2010, Apogee Containers, Incorporated, LLC All Rights Reserved.
All information contained on this site is property of Apogee Containers, Incorporated unless otherwise noted. Any reproduction without express written consent of Apogee Containers, Incorporated is prohibited.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Apogee Containers, Incorporated
510 Alcoa Circle
Corona, CA 92880