Terms & Conditions
Last updated: May 27, 2022
Introduction and Overview
- Restrictions on Use of the Services
- Property of Silgan; Copyright
- Comments; Idea Submissions
- Applicable Law
- Third Party Rights
- Forward-Looking Statements
- Copyright Infringement and DMCA Policy
- Contact Us
Introduction and Overview
The following Terms and Conditions of Use govern all use of our website at silgancontainers.com (the “Site”), our mobile/tablet applications (“Apps”), and any use of other websites, pages, features, or content owned and operated by Silgan that direct to this Terms and Conditions of Use (collectively, including the Site and Apps, the “Services”).
If these terms and conditions are considered an offer by Silgan, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 16 years old.
If you do not feel comfortable with any part of this Agreement, please discontinue use of the Services or engaging with Silgan immediately.
1. Restrictions on Use of the Services. Silgan authorizes you, and grants to you only a limited non-exclusive license, non-transferable revocable by Silgan at any time, to view the information on our Services only for personal use purposes and not for commercial use. You agree not to interrupt or attempt to interrupt the operation of our Services in any way. You further agree that no material from our Services (including but not limited to the text, images, audio, and/or video) and no software from our Services (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of such materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices. For the avoidance of doubt, Silgan owns all content, photos, images, software, and other materials displayed or made available on Silgan’s Services. Modification of any of such materials or software or use of any such materials or software for any other purpose is a violation of Silgan’s copyright, trademark, and other proprietary rights. The use of any of such materials or software on any other website or networked computer environment is prohibited without Silgan’s express prior written consent.
Notwithstanding anything to the contrary, you acknowledge that Silgan reserves the right in its sole discretion to refuse or terminate access to the Services by you at any time. Moreover, any breach of this Agreement shall result in the immediate revocation of the license granted in this section without notice to you.
Silgan makes no warranty or representation that materials on the Services are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Services or export the materials from the Services in violation of export laws and regulations of the United States. If you access the Services from a location outside of the United States, you are responsible for compliance with all local laws. Software from the Services is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any law, rule, regulation, or order of the United States or otherwise exported or reported into any country to which the United States has embargoed goods.
2. Property of Silgan; Copyright. The entire contents of the Services (including, without limitation, the organization, gathering, graphics, design, software, compilation, magnetic translation, and digital conversion) are the property of Silgan and are copyrighted and protected by applicable copyright, trademark, and other proprietary laws of the United States. Any use of any of the contents of the Services other than as expressly permitted herein is strictly prohibited. “Silgan” and “Silgan” with the triangles design are registered trademarks of Silgan in the United States. Additionally, the Services may include names, logos, and marks of third parties. The use or misuse of these names, logos, and/or marks for any purpose is strictly prohibited by applicable laws. You acknowledge and agree that in no event do you acquire any rights (ownership or otherwise) to the Services or any of their contents.
This Agreement does not transfer from Silgan to you any Silgan or third-party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with Silgan and its affiliates, and all other trademarks, service marks, graphics and logos used in connection with them or the Services are trademarks or registered trademarks of Silgan. Your use of the Services grants you no right to license or reproduce or otherwise use any Silgan or third-party trademarks, copyrights, or intellectual property.
Content on the Services is provided to you on an as-is basis for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Silgan or the respective owners or licensors. We reserve all rights not expressly granted in and to the content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Feedback”), provided by you to us are non-confidential and shall become the sole property of Silgan. You grant us permission to use, implement, copy, publish and/or reproduce Feedback, without limitation, fee, and royalty-free.
You agree to not engage in the use, copying, or distribution of any of Services content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content therein.
3. Comments; Idea Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to Silgan, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Silgan without charge, and Silgan shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Silgan and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by us in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes, or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend, indemnify and hold harmless Silgan against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant Silgan the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Silgan or third-parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Without limiting any of those representations or warranties, Silgan has the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or Agreement or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
4. Links. Silgan makes no representation whatsoever about any other website which you may access through this Website. When you access any other website, please understand that it is independent from Silgan and that Silgan has no control over the nature of or the content on that website. In addition, a link to a website does not mean that Silgan endorses such website or its content or accepts any responsibility for the content or the use of such website or the privacy practices of such website. Additionally, it is your responsibility to take precautions to ensure that whatever you access or use is free of such items as viruses, worms, and other items of a destructive nature. You also understand that Silgan cannot and does not guarantee or warrant that files available for downloading through the Services or any other website that you access through the Services will be free of infection or viruses, worms, or other code that manifest contaminating or destructive properties. Silgan makes no representation or warranty as to any information from any other website or any products or services described therein.
5. Disclaimer. SILGAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF OR OTHERWISE RESPECTING, THE CONTENT OF THE SERVICES OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. THE CONTENT OF THE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SILGAN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. YOU ACKNOWLEDGE THAT ANY RELIANCE BY YOU ON ANY OF THE CONTENT OF THE SERVICES SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SILGAN NOR ITS AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR INFORMATION ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SILGAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN, OR DOWNLOADING OF ANY OF THE SERVICES, OR ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN OR DOWNLOADING OF ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS OF USE ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR SILGAN ALLOWING YOU TO HAVE ACCESS TO AND USE THE SERVICES, WHICH WOULD NOT BE PROVIDED WITHOUT SUCH EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES, IN WHICH CASE IN SUCH JURISDICTIONS TO THE EXTENT APPLICABLE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Applicable Law. The Services are controlled and operated by Silgan from offices within the United States. BY ACCESSING THE SERVICES YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND SPECIFICALLY THE STATE OF CALIFORNIA IN THE UNITED STATES, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO THESE TERMS AND CONDITIONS AND ALL MATTERS RELATING TO THE USE OF THIS WEBSITE, AND YOU AGREE THAT ANY LITIGATION WITH RESPECT THERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN THE CITY OF LOS ANGELES IN THE STATE OF CALIFORNIA IN THE UNITED STATES.
Any cause of action or claim that you may have with respect to the Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action is forever and permanently barred. Those who access the Services from other locations outside of the United States do so at their own risk and are responsible for compliance with applicable local laws. Silgan makes no representation that the content in the Services is appropriate or available for use in locations other than in the United States, and access to it from territories where the content is illegal is prohibited.
7. Indemnity. You agree to release, indemnify, defend and hold harmless Silgan and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including all losses, expenses, damages, liabilities, judgments, injuries, penalties, claims, causes of actions, and reasonable attorneys’ fees) arising out of or related to (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle or compromise any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. The Indemnifying Party may not settle or compromise the claim without the prior written consent of the Indemnified Party
8. Third Party Rights. The provisions of paragraphs 2, 3, 5, 6, and 7 of these terms and conditions are for the benefit of Silgan and its affiliates and their respective officers, directors, employees, agents, and licensors, as well as any third-party information providers to the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions constitute the entire agreement between Silgan and you regarding its subject matter. Silgan’s failure to insist upon or enforce strict performance of any provision of these terms and conditions at any time shall not be construed as a waiver of such provision of any other provision or right. These terms and conditions may be modified or changed only by Silgan as permitted herein. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions. Silgan may assign its rights and duties under these terms and conditions to any party at any time without notice to you. These terms and conditions shall inure to the benefit of, and be enforceable by, Silgan and its successors and assigns in addition to the parties referred to in paragraph 8 hereof. You agree that Silgan shall be entitled to injunctive or other equitable relief as a matter of right in the event of any breach or threatened breach by you of any of these terms and conditions, without any requirement to post any bond or other security.
When communicating with us by email or through forms on our Services, we ask that you please do not send us any sensitive information pertaining to yourself, as Silgan does not collect or store sensitive information or special categories of information.
11. Forward-Looking Statements. The Services contain information and press releases about Silgan. Silgan disclaims any duty or obligation to update such information. Certain statements included in such information and press releases that are not historical facts are “forward-looking statements” made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 and Securities Exchange Act of 1934. Such forward-looking statements are made based upon management’s expectations and beliefs concerning future events impacting Silgan and therefore involve a number of uncertainties and risks, including, but not limited to, those described in Silgan’s latest Annual Report on Form 10-K and Silgan’s other filings with the Securities and Exchange Commission. As a result, the actual results of the operations or financial condition of Silgan could differ materially from those expressed or implied in such forward-looking statements.
12. Copyright Infringement and DMCA Policy. As Silgan asks others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Silgan violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to firstname.lastname@example.org with the subject “DMCA Notice”, and include the following:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material or link on our Services that you claim is infringing your copyrighted work;
- Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
- Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Silgan will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Silgan or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to Silgan.
13. Contact Us. Should you have any questions about these Terms & Conditions of Use or our Services, please contact us at email@example.com.