1. Introduction

US Bioplastics and its affiliates (collectively "US BIOPLASTICS") provide this website ("Site") and its contents as a convenience intended to facilitate the business or other relationship between You and US BIOPLASTICS ("You" and "Your" refer to the entity through which you conduct business with US BIOPLASTICS, whether a corporation, individual, partnership, proprietorship or otherwise). Your access to and use of this Site signifies that You agree to be bound by these Site Terms of Use and the Privacy Policy. If You do not agree with these Site Terms of Use and the Privacy Policy, You should immediately cease use of the Site and the services and cease use of all information and materials you obtained through the Site. While US BIOPLASTICS uses reasonable efforts to include accurate and up-to-date information in this Site, US BIOPLASTICS makes no warranties or representations as to its accuracy, timeliness or completeness. Your use of this Site is at your own risk.

2. Intellectual Property

US BIOPLASTICS maintains this Site to provide information to its customers and the general public. You should assume that everything you see or read on the Site is copyrighted and may not be used without the prior written permission of US BIOPLASTICS. Subject to the terms of this Site Terms of Use, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Site and related materials solely for your own use.  You may not display any part of the Site in things (e.g., framing, scraping, screenshots, etc.) without our express written permission.  You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.

The trademarks, logos, and service marks (collectively "trademarks") displayed on the Site, including US BIOPLASTICS, are registered and unregistered trademarks of US BIOPLASTICS and others. You have no license or right to use any trademark displayed on the Site, or any license under any patent or patent application or proprietary information of US BIOPLASTICS without the prior written permission of US BIOPLASTICS or such third party owner.  For the avoidance of doubt, use of any of our trademarks as meta-tags on any other website is strictly prohibited.

Except as expressly provided, all rights are reserved.  Among other things, except to the extent required for the limited purpose of reviewing material through the Site, electronic reproduction, adaptation, distribution, performance, or display of any portion of the Site is prohibited.  In connection with the use of the Site, you may not:

(a) Alter or modify any part of the Site, or related materials, other than as reasonably necessary solely to use the Site for its intended purpose;

(b) Reverse engineer or access the Site in order to develop a competitive product or service or develop a product or service using similar ideas, functionality, or content as that embodied in the Site;

(c) Sell, rent, lease, transfer, distribute, broadcast, display, provide or otherwise assign to any third party any rights to any part of the Site, or related materials;

(d) Remove any proprietary notice or labels associated with any part of the Site, or related materials;

(e) Use the Site for any non-authorized commercial purpose or any illegal purpose;

(f) Copy, mirror, modify, erase, or damage any information contained on computer servers used or controlled by US BIOPLASTICS or any third party;

(g) Use any part of the Site to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable, or use any data mining, robots, or similar data gathering and/or extraction tools in connection with any part of the Site;

(h) Access or use the Site from any Internet Service Provider (ISP) account, access point, or network that you are not authorized to use;

(i) Access or use any password-protected, secure, or non-public areas of the Site, except as specifically authorized in writing by US BIOPLASTICS;

(j) Use any automated means to access or use any part of the Site, including scripts, bots, scrapers, data miners, or similar software;

(k) Attempt to or actually disrupt, impair, interfere with, alter, or modify any part of the Site, or any information, data, or materials published and/or displayed by US BIOPLASTICS;

(l) Access data through the Site not intended for you;

(m) Attempt to probe, scan, or test the vulnerability of any part of the Site or breach any implemented security or authentication measures, regardless of your motives or intent; or

(n) Attempt to interfere with or disrupt access to or use of any part of the Site by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.

3. Disclaimer of Warranty

US BIOPLASTICS provides the Site "as is," and without warranty or condition of any kind either express or implied, including but not limited to, any warranties of noninfringement and implied warranties of merchantability and fitness for a particular purpose or arising from a course of dealing, usage or trade practice. Without limiting the foregoing, US BIOPLASTICS does not warrant that the Site or Your use of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free from viruses or other harmful components.

4. LIMITATION OF LIABILITY

NEITHER US BIOPLASTICS NOR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS IN THE SITE OR THE MATERIALS IN ANY SITES LINKED TO THE SITE, EVEN IF US BIOPLASTICS OR A US BIOPLASTICS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

5. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US BIOPLASTICS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THE SITE TERMS OF USE AND PRIVACY POLICY AND ANY ACTIVITY RELATED TO YOUR USE OF THE SITE.

6. User Authored Content

Although US BIOPLASTICS may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, US BIOPLASTICS is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. US BIOPLASTICS reserves the right to disclose the identity of anyone posting any such information or materials to any governmental authority and willfully co-operate with any governmental authority inquiring about such posting.

7. Third Parties and Third Party Properties

The Site may refer you to a third party (“Third Party”).  US BIOPLASTICS does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any content or services provided by Third Parties, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Third Parties.  US BIOPLASTICS makes no representations about the Third Parties identified through the Site, whether in public, private, or offline interactions. US BIOPLASTICS cannot confirm that each Third Party is who s/he claims to be.  When interacting with Third Parties, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know.

The Site may refer you to physical venues, geographical sites, websites on the Internet, and/or products or services that are owned, under the control of, or maintained by a third party (“Third Party Properties”).  Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by US BIOPLASTICS of any such Third Party Properties.  You acknowledge that US BIOPLASTICS is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that US BIOPLASTICS is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties.  US BIOPLASTICS does not endorse or make any representations about any Third Party Properties.  If you access, visit, or use any Third Party Properties referred to through the Site, you do so at your own risk.

8. Site Access, Operation, and Availability

US BIOPLASTICS reserves complete discretion with respect to the operation of the Site and may discontinue operation of all or portions of this Site at any time in its sole discretion without notice.  US BIOPLASTICS will make reasonable efforts to keep the Site operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Site.  Access to and use of the Site are unauthorized in any jurisdiction that does not give effect to all provisions of the Site Terms of Use, including without limitation this Section.

9. Access Codes

All access codes, user identification numbers and other passwords or security items issued to or provided by You are referred to herein as "Codes." You are solely responsible for the use and protection of the Codes and You agree to take all reasonable precautions to protect the security and integrity of the Codes and to prevent unauthorized use thereof. If You become aware of any unauthorized access or use of the Codes, You agree to immediately notify US BIOPLASTICS.

10. Termination

You agree that US BIOPLASTICS may, in its sole discretion and without prior notice, terminate your access to or use of any of the Site or any part of the Site at any time and for any reason, with or without cause. You also agree that any violation by you of the Site Terms of Use will constitute an unlawful and unfair business practice that will cause irreparable harm to US BIOPLASTICS for which monetary damages would be inadequate.  You consent to US BIOPLASTICS’ obtaining any injunctive or equitable relief that US BIOPLASTICS deems necessary or appropriate in such circumstances, without the need for a bond.  These remedies are in addition to any other remedies US BIOPLASTICS may have at law or in equity.

11. Modification

US BIOPLASTICS may at any time revise these Site Terms of Use. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the services indicates Your continued agreement to be bound thereby.

12. Applicable Law and Venue

Any claims or suits associated with the Site or its use shall be governed and construed in accordance with the laws of the state of Florida, excluding its conflicts of laws principles.  Any claims or suits associated with the Site or its use shall be brought in a court of competent jurisdiction in Florida.

By accessing and using the Site, you acknowledge and agree that US BIOPLASTICS controls and operates all parts of the Site from its offices in the United States of America.  Unless expressly stated to the contrary, the Site is intended for viewing and use in the United States.  Unless expressly stated to the contrary, US BIOPLASTICS makes no representation that the materials are appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Site are solely directed to individuals, companies, or other entities located in the United States.  US BIOPLASTICS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.  Any offer for any feature, product, or service made on or through the Site is void where prohibited.  If you access or use the Site from outside the countries listed above, you are entirely responsible for compliance with applicable local laws and other applicable laws.  You may not use any portion of the Site in violation of applicable export laws and regulations.

13. Miscellaneous

If any part of the Site Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms of Use shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Site Terms of Use.

No action arising out of this Site Terms of Use or your access to or use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If US BIOPLASTICS does take any legal action against you as a result of your violation of the Site Terms of Use, US BIOPLASTICS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to US BIOPLASTICS.  You agree that US BIOPLASTICS will not be liable to you or to any third party for termination of your access to or use of any part of the Site as a result of any violation of the Site Terms of Use or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Site Terms of Use to any third party without prior written consent by US BIOPLASTICS.  Any purported assignment lacking such consent will be void at its inception.  US BIOPLASTICS may assign all or part of its rights and/or delegate all or part of its duties under the Site Terms of Use to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the Site.