Terms of Use Policy2018-12-26T22:03:59+00:00

Your use of any Flexible Intermediate Bulk Container Association (“us”, “we”, and “FIBCA”) website (currently www.FIBCA.com (the “Site)) is subject to your acceptance of these Terms of Use (“Terms”). By completing the online registration process, you confirm and affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are incapable of complying with them, do not use the Site.

Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines or terms or conditions of use specific to the products or services provided by us or made available through the Site.

We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of the Site or any of their functions, features, materials or Content (defined below).

We may update these Terms from time to time. Please check the Terms each time you access or use the Site.  If we make material changes to the Terms, we will post the revised Terms on the Site and the revised effective date at the bottom of these Terms. Your continued access to or use of the Site after the date of any such changes become effective constitutes your acceptance of the new Terms.

Your personal information will be used and protected in accordance with our Privacy Policy.

License and User Conduct

FIBCA grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms. These Terms further apply to and govern any upgrades provided by FIBCA that replace and/or supplement the version of the Site that you initially used or accessed, unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern. All rights not expressly granted in these Terms are reserved for FIBCA.

Your use of the Site pursuant to these Terms is limited to (1) receiving information about our organization, Site, and programs (2) accessing the Site, (3) sharing information via the Site, and (4) receiving information from other users of the Site. You may access, download, and print materials only as necessary to receive the services and information and, in doing so, you must retain any and all notices, trademarks, and other markings found on those materials.

You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Site (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international law.

You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site. You also agree not to sell, license, or distribute any such Content, materials, documents, or information.  We reserve the right to bar any such activity or use in our discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein.

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.

The Site that may be accessed from, displayed on or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site are appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We and our licensors, reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal or disabling of access to the Site. We may also impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.

You must be 13 or older to access or utilize the Site. Upon online registration, you will receive a password from FIBCA to access member portions of the Site. Do not disclose your password to anyone else. You are entirely responsible for any use of the Site under your password. You must immediately notify FIBCA of any unauthorized use of your password or any breach of security that becomes known to you.

Information You Provide

You agree that all information you provide to us will be true, accurate, current, and complete.  You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property or privacy rights. Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the Site will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material, you grant FIBCA an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it.  You agree that FIBCA is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding application crashes and screens you chose to view, gestures (i.e., taps, swipes, pinches, etc.) you use on the application, whether you are a first-time or a returning user, links you clicked on while in the application, and your flow and navigation path through the application. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services to you (if any) related to the Site. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy

Third Party Sites and Information

Our Site may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication.  You agree that FIBCA is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.

Indemnification

You agree to defend, indemnify, and hold FIBCA and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Intellectual Property

The entire content of the Site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to FIBCA. Your use of the Site does not grant you any rights to any of the Content.

The Site and its Content, except for those aspects in the public domain, are protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of FIBCA or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

FIBCA will grant you permission to use portions of the Site, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content.

Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as permitted or consented by these Terms.

Digital Millennium Copyright Act Notice 

FIBCA respects the intellectual property rights of others and users of the Site are expected to do the same.  We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site (or any portion of them) infringe your copyright, please provide the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
  • A description of the copyrighted work that you believe has been infringed
  • The location on the Site of this allegedly infringing material
  • Your address, telephone number, and email address and any other pertinent information sufficient to allow FIBCA to contact you
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Notices of claimed copyright infringement should be directed to:

By mail:  FIBCA PO Box 241894, Saint Paul, MN  55124

By fax: 661-339-0023

By email: info@fibca.com

(Please include “notice of infringement” in the subject line.)

No Warranties

THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENTS.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ITS CONTENT.

The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL FIBCA, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.

Governing Law and Jurisdiction

These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of Minnesota without regard to its conflicts of laws principles.  Any action to enforce these Terms or a matter or dispute arising out of the Site or their Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Ramsey County, Minnesota.

Failure by FIBCA to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by FIBCA.

If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without FIBCA’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. FIBCA may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to FIBCA or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of FIBCA or its appropriate affiliates.

All other trademarks are the property of their respective owners.

Last modified:  December 26, 2018