Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.

Last Updated: October 4, 2024

This agreement outlines the terms and conditions of use for any website owned and operated by Polyvinyl Films, Inc.  (“Polyvinyl”).  When you use this website, or any of our other websites, mobile sites and social media pages (collectively, the “Website”), you agree to abide by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE.

Use and Access

Please read these Terms carefully before accessing the Website. By accessing the Website, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, you are not authorized to use the Website. Polyvinyl reserves the right to modify the Terms at any time. You agree to review the Terms periodically to be aware of any such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of the current version of the Terms.

Amendment

We may amend these Terms from time to time.  In the event we make a change to these Terms, we will notify you by posting the revised Terms to the Website.  Any amendment to these Terms will be effective immediately upon the posting of the revised Terms to the Website.  If you do not agree with the changes made to these Terms, you should no longer use the Website. Continued use of the Website after such changes to the Terms will constitute your acceptance of such changes.  Please return to the Website from time to time to review the current Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Modified” at the beginning of the Terms with the date on which such changes were made. A current version of the Terms is accessible via the footer of the Website’s homepage.

Additional Terms

Please note that your use of the Website or certain content and features of the Website may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect sweepstakes, contests and e-commerce activities. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control.  By using the Website or such content and features, you also agree to be bound by those Additional Terms.

Operation

The Website is governed and operated in accordance with the laws of the United States, while designed to be compatible with the laws of the countries in which we operate.  While these Terms will govern your use of the Website, you may be entitled to certain consumer protection rights under the laws of your local jurisdiction. If you reside outside of the United States, the laws in your country of residence may apply to any online transactions you enter into with us.

Restrictions on Use of Website Materials

The materials included in the Website (including, but not limited to, images, software, audio, text, video clips and other media) (the “Materials”) are the property of or have been licensed to Polyvinyl and are protected by intellectual property laws such as patent, trademark or copyright laws. Except for your own personal and noncommercial use, you are prohibited from modifying, reproducing, transmitting, distributing, displaying, creating derivative works from, transferring, or selling any of these Materials without the prior written consent of Polyvinyl or its owner in the case of Materials that have been licensed to us. Any unauthorized attempt to modify any Materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the Materials included on the Website for any purpose other than its intended purposes is strictly prohibited. The use of any of the Materials, including Submissions (as defined below), is at your own risk. Polyvinyl reserves the right to change any and all content, software, applications, and other items used or contained in the Website at any time without notice.

Trademarks

Polyvinyl’s trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Polyvinyl (collectively, the “Trademarks”) displayed on the Website are registered and unregistered marks of Polyvinyl. All other trademarks, trade names, product names, service marks and all other non- Polyvinyl marks are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Polyvinyl or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of the Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

Eligibility

Use of the Website is limited to: (a) legal United States residents who are least 18 years of age or the age of majority in his/her jurisdiction of residence, whichever is older, and (b) individuals outside of the United States with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence.

Electronic Communication

When you use the Website, you consent to receive communications from us electronically.  We will communicate with you, at our discretion, by email or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Submissions

Now or at various points in the future, some areas of the Website (including, but not limited to, forums, blogs, reviews or comment sections, and chat rooms) may offer the ability for users to (a) post or submit to us materials such as contact information, email, remarks, suggestions, ideas, observations, graphics, reviews, comments, data, opinions, advice, writings, drawings, images, photographs, audio-visual works, video recordings, sound recordings, job applications, resumes, entries to promotions or other information or content created by an user (“Submissions”), (b) download text, video, photographs and/or other content onto a computer (collectively, “Computer Download”), (c) download mobile entertainment or other content, such as applications, ringtones, games, graphics, news, audio, video, photograph and other information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, “Mobile Download”), and/or (d) view the Website. Any Computer Download may only be used on your own computer (or a computer controlled by you), and any Mobile Download may only be used on your own mobile device (or a device controlled by you).

If you submit any Submissions or other information to Polyvinyl through the Website, you may not submit an email address that is already being used by someone else, impersonates another person, belongs to another person (without their prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion. All Submissions or other information you submit must be truthful, accurate, current, and complete.  If the Submission or other information that you provide to Polyvinyl changes, you agree to promptly provide us with updated information. Polyvinyl may terminate your right to receive any future alerts, newsletters, promotions or other communications if any of the information provided is found to be inaccurate, false, out of date, or incomplete or, if in Polyvinyl’s sole discretion, you have violated any of the Terms.

All Submissions will be considered non-confidential and non-proprietary. Polyvinyl will have no obligations with respect to Submissions. We cannot guarantee that other users (or other third parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Website. Also, any Submission you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge, and should not misrepresent in any respect your relationship with Polyvinyl. For example, the user should disclose any material connection, if one exists, between him or her and Polyvinyl in any Submission that contains an endorsement. Polyvinyl does not and cannot review all Submissions provided by users and is not responsible for the content of these Submissions, nor does Polyvinyl endorse any Submissions. Accordingly, we cannot guarantee the accuracy, integrity or quality of Submissions, and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. You should never assume any Submissions reflect the opinions or policies of Polyvinyl. That is the case even though Submissions may include comments about other users’ Submissions, or comments about some of our products, services, promotions, Website or other similar information. You are solely responsible for (a) any Submission you post on or through the Website, (b) any material or information that you provide to us or other users (or others that view the Website), and (c) your interaction with other users (or others that view the Website). By sending a Submission to the Website, you release Polyvinyl of any duty or obligation it might otherwise have to review or act in response to the Submissions, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Submissions.

You acknowledge that by providing you with the ability to submit, view or distribute these Submissions, we are acting merely as a passive conduit and are not undertaking any obligation or liability relating to Submission contents, or activities of users on the Website. Polyvinyl reserves the right to alter, edit, refuse to post, review, reject, block, remove or take any other action that we may deem necessary to deal with any Submissions, which may include Submissions which we find to be abusive, defamatory, obscene, fraudulent, in violation of a third party’s rights, including, but not limited, to intellectual property rights or privacy rights, or otherwise offensive or unacceptable material all as determined in Polyvinyl sole discretion. We have no liability whatsoever for editing, removing, or continuing to permit the display of any Submissions. SUBMISSIONS ON THE WEBSITE MAY INCLUDE SUGGESTIONS FOR USES OF POLYVINYL PRODUCTS THAT HAVE NOT BEEN EVALUATED OR APPROVED BY POLYVINYL. Polyvinyl does not endorse or approve the use of any of its products in any manner other than the product’s intended use as described on its packaging. You should never use any Polyvinyl product in any manner other than the manner in which it was intended to be used.

You hereby provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, edit, distribute, perform, display, incorporate, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. This means, among others, that: (a) we don’t have to treat any such Submission as confidential; (b) if we use such Submission or let others use such Submission — or anything like such Submission — we don’t have to pay you or anyone else for such Submission or use; (c) we can use such Submission for any purpose, without compensating or notifying you or anyone else for such Submission or use; and (d) we can use such Submission in a website, digital, print or any other media throughout the world forever. You acknowledge that you are responsible for any Submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and compliance with corresponding laws.

Submissions for Employment

If you are providing Submissions related to employment or seeking employment through the Website, you acknowledge and agree that you will only submit your resume or other materials to us in order to apply for a position if you are at least eighteen (18) years of age and are eligible to work legally in the United States.

Sweepstakes and Contests

Any sweepstakes, contests, games and/or promotional offers accessible on the Website are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on the Website, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, contests, game or promotional offer will govern, but only to the extent of the conflict.

Code of Conduct

The Website may only be used for lawful purposes.  Illegal activities including but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited.  You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.

By accessing or using the Website or any other feature provided through our Website, including but not limited to, when submitting a Submission, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

• Use the Site in breach of these Terms;

• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;

• Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;

• Impersonate another person or entity;

• Promote, solicit, or participate in any multilevel marketing or pyramid schemes;

• Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;

• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Website or to any other users of the Website or to Polyvinyl’s systems;

• Gain unauthorized access to any computer system or nonpublic portion of the Website or interfere with or disrupt the Website, servers, or networks connected to the Website;

• Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Website’s users;

• Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation;

• Soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any Website content or data to any third party, through any process, including but not limited to screen scraping, spiders, web “bots” or other device, technology, software or system now known or hereafter discovered; or

• Sending unsolicited and unauthorized e-mail on behalf of Polyvinyl, including promotions and/or advertising of products or services.

Reliance on Information Posted

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.

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 Polyvinyl, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Polyvinyl. 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.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. POLYVINYL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY: (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) CONCERNING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OR PRODUCTS APPEARING ON THE WEBSITE. THE WEBSITE AND ANY PRODUCTS APPEARING ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS” AND POLYVINYL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, POLYVINYL DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL POLYVINYL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. POLYVINYL DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. POLYVINYL IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

POLYVINYL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: USE OF (OR INABILITY TO USE) THE WEBSITE, USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE, FAILURE OF PERFORMANCE OF THE WEBSITE, ERRORS, OMISSIONS, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

POLYVINYL IS NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.

IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, OR FOR THE WARRANTIES DISCLAIMED ABOVE, SO THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER CONTRACT, TORT OR OTHERWISE) BE GREATER THAN ONE THOUSAND DOLLARS ($1,000).

Third-Party Links

We sometimes provide access to other World Wide Web sites from our Website. Polyvinyl does not endorse or approve any products, services or information offered at such third party websites, and makes no representations regarding the quality, safety or suitability of any products, services or information provided by third parties.  Likewise, links to third party sites are provided for your convenience only, and Polyvinyl is not responsible for the content of any site linked to or from the Website. Polyvinyl disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.  Viewing of all other sites is at your own risk.

Indemnification

You agree to indemnify and hold Polyvinyl, our affiliated entities, and each of our respective officers, directors, employees, representatives and agents harmless from any claim, demand, loss, expense, liability or damages (including reasonable attorneys’ fees and costs) arising out of or related to: any breach of these Terms, your use of the Website, any use of, posting of or submitting any Submission, any violation of any law, or your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right).

Notice of Copyright Infringement under U.S. Law

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; and (vi) 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 authorized to act on behalf of the owner of an exclusive copyright right that has been allegedly infringed.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the above requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.

Our copyright agent for notice of claims of copyright infringement can be reached as follows:

ADDRESS:

Attn: Legal Department – DMCA Notice

Peter Foundas

800 Boylston Street

Boston, MA 02199

EMAIL: pfoundas@robinskaplan.com

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING POLYVINYL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Jurisdiction and Applicable Law

Polyvinyl controls and operates the Website from the company’s headquarters in Sutton, Massachusetts, in the United States of America. These Terms shall be governed in all respects by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, U.S., without regard to choice of law provisions. Likewise, your use of the Website shall be governed in all respects by the laws of the Commonwealth of Massachusetts, U.S. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Website shall be resolved exclusively in the state or federal courts located in Worcester County, Massachusetts. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises.

Access Outside U.S.

While we design the Website to be compatible with the laws of the countries in which we operate, we in no way represent or imply that the Materials on the Website are appropriate or available for use outside of the United States, and access to them from territories where their content is illegal is prohibited. If you use the Website from locations outside of the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.

Privacy.

Our Privacy Policy states in full our policy regarding how we handle information that we collect about you (including through automatic means) or that you choose to submit to us.

We use cookies and other technologies to collect information when you visit our sites including your IP address, web pages you view and links you click. We also use digital cookies in the emails that we send you to let us know you’ve received them. You can delete and decline cookies in your web browser. We may use this information, together with the information you provide us during the registration process on the site or otherwise, to send you information that may be of interest to you in accordance with our Privacy Statement. Click here [link to full cookie policy] for more information about cookies.

Parental Control and Filtering

In accordance with 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on the following two sites: GetNetWise and OnGuard Online. Polyvinyl does not endorse, support or approve any of the products or services listed at such sites.

Non-Waiver, Severability and Assignment

Polyvinyl’s failure to exercise, enforce or insist upon strict performance of any right or provision of these Terms shall not be construed as a waiver of any such right or provision. If any provision of these Terms is unlawful, void or unenforceable under applicable law, it will not affect the lawfulness, validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Polyvinyl may assign its rights and duties under these Terms to any party at any time without notice to you. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Website. You understand and agree that no fiduciary relationship is established between you and us by your use of the Website. Your use of the Website shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.

Headings

The headings contained in these Terms are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.