Last updated: 07.10.2022
Terms of Use
01 — Acceptance of Terms of Use
These terms of use are entered into by and between the user ("you") and Nextera Packaging, Inc, a Minnesota corporation ("Nextera" or "we"). The following terms and conditions (these "Terms of Use") govern your access to and use of https://www.nexterapackaging.com , including any content, functionality and services offered on or through https://nexterapackaging.com (the "Website"), whether as a guest or a registered user. By using the Website, you accept and agree to be bound by the terms detailed herein and any updates and modification thereto. If you do not want to agree to these Terms of Use, you must not access or use the Website.
02 — Terms and Conditions
Age and Location. This Website is offered and available to users who 18 years of age or older, and reside in the United States or any of its territories or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Cookies. Our Website may use cookies to enhance the user experience. A user’s web browser places cookies the user’s computer system for record-keeping and user tracking purposes. You may choose to set your web browser settings to refuse cookies or to alert you when cookies are being used. Contact your web browser provider for more information. Please note, if a web browser is set to refuse cookies some parts of the Website may not function properly. Our Website uses Google Analytics and Squarespace Analytics, amongst other tools, to better enhance your overall user experience by tracking IP addresses and helping Nextera to improve the Website and all users' experience.
Third Party Links. The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. You may find advertising or other content on this Website that links to the websites and services of our partners, suppliers, advertisers, sponsors, licensors, social media platforms and other third parties. We do not control the content or links that appear on these websites or any services provided, and are not responsible for such links, services or information found on these websites. In addition, these websites and services, including any content and links, may change without notice. Browsing and interacting with such third party websites is subject to that website’s own terms and policies. If you visit these websites we recommend you review the privacy and use policies of these websites each time you visit them or use any services provided. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Intellectual Property and Trademarks; Applicable Laws. This Website and its entire contents, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned or licensed by Nextera, its licensors or other providers and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Any use of the Website not expressly permitted within these Terms of Use is not permitted, is a breach of these Terms of Use, and may violate intellectual property, copyright, trademark or other laws.
You may not reproduce, distribute, modify, create derivative works of, publically display, publically perform, republish, download, store or transmit any content or materials on the Website without Nextera’s written permission.
“Nextera”, “Nextera Packaging”, and all related names, logos, product and service names, designs and slogans are trademarks of Nextera or its affiliates, partners or licensors. You may not use such marks without the prior written consent of Nextera. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of such companies and the owners thereof and Nextera does not convey to you any license or rights of use. You agree that, and assign to Nextera, any existing or future work product, derivative works and feedback concerning the Website and its contents is the property of Nextera.
No Warranties. The information presented on or through our Website is made available solely for general information purposes. All information posted on our Website is provided and made available to you “as-is”, “as available” and “where is”. Nextera makes no representations and provides no warranties concerning the accuracy, completeness, usefulness, or fitness for a particular purpose concerning the information and content of the Website. Any reliance you place on such information and content is strictly at your own risk. We disclaim, and you waive, all liability and responsibility of Nextera, its affiliates, partners and licensors arising from any use or reliance placed on such information by you or any visitor of the Website, or by anyone who may be informed of the Website contents by you or anyone else. Nextera is not liable to the greatest extent allowed by law.
The Website may include content provided by third parties. All statements and/or opinions in such content, and all related articles, responses and other content are solely the statements, opinions, and reasonability of such third party. Nextera disclaims, and you waive, any and all liability of Nextera, its affiliates, partners and licensors arising for your use of, content and accuracy of any materials provided by any third parties.
Further Disclaimer of Warranties. 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. 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. 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 THE NEXTERA NOR ANY PERSON ASSOCIATED WITH NEXTERA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NEXTERA NOR ANYONE ASSOCIATED WITH THE NEXTERA 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.
NEXTERA 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL NEXTERA, 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, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify and hold harmless Nextera, 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 and conditions 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 and conditions or your use of any information obtained from the Website.
Accessing the Website and Account Security. 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. 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.
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, including but not limited to through the use of any interactive features on the Website, is governed by these terms and conditions, and you consent to all actions we take with respect to your information consistent with this terms and conditions.
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.
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 and conditions.
Governing Law. These Terms of Use shall be governed by and construed under the laws of the state of Minnesota without regard to conflicts of laws principles. You agree that any legal or other proceeding relating to these Terms of Use, the Privacy Policy, the Website, and any related subject matter, will be brought and maintained in the courts of the state of Minnesota or the federal district courts found therein, which shall have exclusive jurisdiction.
Arbitration. At Nextera’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use, Privacy Policy, or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, PRIVACY POLICY 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.
Waiver and Severability. No waiver of by Nextera of any term or condition set forth herein 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 Nextera to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions 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 these terms and conditions will continue in full force and effect.
Entire Agreement. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Nextera with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Changes to Terms and Conditions. Nextera reserves the right, in its sole and absolute discretion, to update its Terms of Use and/or Privacy Policy at any time, with or without notice. Nextera expects to occasionally update its Terms of Use and/or Privacy Policy and we encourage you to periodically review the Terms of Use and Privacy Policy to be informed of your rights and responsibilities. The most recent updates will be posted on the Website. Your continued use of the Website following the posting of the most recent update to the Terms of Use and/or Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Our Terms of Use was last updated on: 07.11.22.
Contacting Us. If you have any questions about these Terms of Use or our Privacy Policy, the practices of our Website, or your dealings with or use of our Website, please contact us using our toll free number, 888.700.5521, or sending us a message via the button below.