Last Modified: November 2023<\/p>\n
Acceptance of the Terms of Use<\/u><\/strong><\/p>\n These terms of use are entered into by and between you and ABC Polymer, LLC (“ABC<\/strong>,” “we<\/strong>,” or “us<\/strong>“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use<\/strong>“), govern your access to and use of abcpolymerindustries.com, fullforcesolutions.us, and flexsack.com, including any content, functionality, and services offered on or through abcpolymerindustries.com, fullforcesolutions.us, and flexsack.com (collectively, the “Website<\/strong>“).<\/p>\n Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https:\/\/abcpolymerindustries.com\/privacy-policy\/<\/a>, incorporated herein by reference.<\/strong> If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.<\/p>\n This Website is offered and available to users who are 18 years of age or older, or the age of legal majority in their jurisdiction. By using this Website, you represent and warrant that (1) you are of legal age to form a binding contract with ABC, and (2) if you represent a company, you have the authority to legally bind such company to these Terms of Use. If you do not meet these requirements, you must not access or use the Website.<\/p>\n Changes to the Terms of Use<\/u><\/strong><\/p>\n We may revise and update these Terms of Use from time to time in our sole discretion. While we will provide notice of material changes in accordance with applicable law, all other changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction<\/em> will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.<\/p>\n Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.<\/p>\n Accessing the Website and Account Security<\/u><\/strong><\/p>\n We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.<\/p>\n You are responsible for both:<\/p>\n To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy<\/em><\/a>, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.<\/p>\n If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.<\/p>\n We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.<\/p>\n Intellectual Property Rights<\/u><\/strong><\/p>\n The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ABC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.<\/p>\n These Terms of Use permit you to use the Website for non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:<\/p>\n You must not:<\/p>\n You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.<\/p>\n If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ABC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.<\/p>\n Trademarks<\/u><\/strong><\/p>\n You must not use the ABC, FullForce, or FlexSack name, the ABC, FullForce, or FlexSack logo, and all related names, logos, product and service names, designs, and slogans without the prior written permission of ABC. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.<\/p>\n Prohibited Uses<\/u><\/strong><\/p>\n You may use the Website only for lawful purposes and in accordance with these Terms of Use.<\/p>\n You agree not to use the Website:<\/p>\n Additionally, you agree not to:<\/p>\n Enforcement and Termination<\/u><\/strong><\/p>\n ABC may terminate these Terms of Use or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use, at any time without notice.<\/p>\n Upon termination, all rights granted to you under these Terms of Use will also terminate, and you must cease all use of the Website and delete all copies of the Website. Termination will not limit any of ABC’s rights or remedies at law or in equity.<\/p>\n We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.<\/p>\n Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.\u00a0YOU WAIVE AND HOLD HARMLESS ABC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.<\/p>\n Reliance on Information Posted<\/u><\/strong><\/p>\n The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.<\/p>\n This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and\/or reporting services. All statements and\/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ABC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ABC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.<\/p>\n Changes to the Website<\/u><\/strong><\/p>\n We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.<\/p>\n Information About You and Your Visits to the Website<\/u><\/strong><\/p>\n All information we collect on this Website is subject to our Privacy Policy, https:\/\/abcpolymerindustries.com\/privacy-policy\/<\/a>. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.<\/p>\n Employment Applications<\/u><\/strong><\/p>\n Please review our\u00a0Privacy Policy<\/a>\u00a0for more details about the information we collect in connection with submitting an application for employment through the Website. When submitting an application for employment through the Website, please be aware that:<\/p>\n Linking to the Website and Social Media Features<\/u><\/strong><\/p>\n You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.<\/p>\n This Website may provide certain social media features that enable you to:<\/p>\n You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:<\/p>\n You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.<\/p>\n We may disable all or any social media features and any links at any time without notice in our discretion.<\/p>\n Links from the Website<\/u><\/strong><\/p>\n If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.<\/p>\n The Website includes Google Maps features and content. Use of Google Maps features and content is subject to the current versions of the: (1) Google Maps\/Google Earth Additional Terms of Service at\u00a0https:\/\/maps.google.com\/help\/terms_maps.html<\/a>; and (2) Google Privacy Policy at\u00a0https:\/\/www.google.com\/policies\/privacy\/<\/a>.<\/p>\n Disclaimer of Warranties<\/u><\/strong><\/p>\n You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.<\/p>\n YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ABC NOR ANY PERSON ASSOCIATED WITH ABC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ABC NOR ANYONE ASSOCIATED WITH ABC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.<\/p>\n TO THE FULLEST EXTENT PROVIDED BY LAW, ABC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.<\/p>\n THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<\/p>\n Limitation on Liability<\/u><\/strong><\/p>\n TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.<\/p>\n BY ACCESSING THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER,\u00a0YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: \u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.\u201d<\/p>\n THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<\/p>\n Indemnification<\/u><\/strong><\/p>\n You agree to defend, indemnify, and hold harmless ABC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.<\/p>\n Governing Law and Jurisdiction<\/u><\/strong><\/p>\n All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).<\/p>\n Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama, in each case located in the City of Helena and County of Shelby or Jefferson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.<\/p>\n Limitation on Time to File Claims<\/u><\/strong><\/p>\n ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.<\/p>\n Waiver and Severability<\/u><\/strong><\/p>\n No waiver by ABC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ABC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.<\/p>\n If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.<\/p>\n\n
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