End Use Suitability
Buyer and Packager shall be responsible for determining whether the containers supplied by Silgan Specialty Packaging are suitable and safe for the materials being placed in them, for determining the proper methods for filling the containers and the closures to be used on the containers, taking into account the likely storage and use of the filled containers by the buyer, packager and ultimate user.
Pharmaceutical and Drug Application Warning
If containers are to be used for a pharmaceutical or drug application and will be tested and certified by the recipient, Silgan must be made aware of said use. Our specifications contain provisions for the use of “generic” resins and colorants and as such, we cannot assure that the exact same materials used to provide these containers will be used in subsequent production orders without prior knowledge and the establishment of a unique product specification.
Restrictions on Use of Web Site
Silgan authorizes you, and grants to you only a limited non-exclusive license, revocable by Silgan at any time, to view the information at this Web Site only for personal information purposes and not for commercial use. You agree not to interrupt or attempt to interrupt the operation of this Web Site in any way. You further agree that no material from this Web Site (including but not limited to the text, images, audio and/or video) and no software from this Web Site (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. 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 web site 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, and may in its sole discretion, refuse or terminate access to this Web Site by you at any time.
Silgan makes no warranty or representation that materials at this Web Site 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 this Web Site or export the materials from this Web Site in violation of export laws and regulations of the United States. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Software from this Web Site 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.
Property of Silgan; Copyright
The entire contents of this Web Site (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 this Web Site 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, this Web Site may include names, logos and marks of third parties. The use or misuse of these name, 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 this Web Site or any of its contents.
Comments; Idea Submissions
This Web Site includes a “Comments” section which allows you to provide comments to Silgan regarding this Web Site. You agree not to:
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind
- post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other material which contains a virus, worm or other harmful component.
Any communication or other material you transmit to this web site by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas or the like (collectively, the “Information”), is and will be treated as nonconfidential and nonproprietary. Further, neither Silgan nor its affiliates nor any of their respective officers, directors, employees or agents shall be liable to any person or entity for any use or disclosure of any Information. Any Information you transmit or post becomes the property of Silgan forever, and Silgan and its affiliates shall be entitled to use the Information unrestricted for any purpose, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, without compensation of any kind to any person or entity. Furthermore, Silgan is free to use for any purpose whatsoever any ideas, concepts, know-how or techniques contained in any communication or other material you send to this Web Site. You agree that you shall have no recourse against Silgan or its affiliates or their respective officers, directors, employees or agents for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Silgan makes no representation whatsoever about any other web site which you may access through this Web Site. When you access any other web site, please understand that it is independent from Silgan and that Silgan has no control over the nature of or the content on that web site. In addition, a link to a web site does not mean that Silgan endorses such web site or its content or accepts any responsibility for the content or the use of such web site or the privacy practices of such web site. 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 this Web Site or any other web site that you access through this Web Site 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 web site or any products or services described therein.
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 THIS WEB SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THIS WEB SITE. THE CONTENT OF THIS WEB SITE IS PROVIDED “AS IS” 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 THIS WEB SITE 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 THIS WEB SITE 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 THIS WEB SITE 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, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, 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 THIS WEB SITE, OR ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN OR DOWNLOADING OF ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH THIS WEB SITE.
THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR SILGAN ALLOWING YOU TO HAVE ACCESS TO AND USE THIS WEB SITE. THIS WEB SITE 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.
This Web Site is controlled and operated by Silgan from offices within the United States. BY ACCESSING THIS WEB SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND SPECIFICALLY THE STATE OF CONNECTICUT 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 WEB SITE, AND YOU AGREE THAT ANY LITIGATION WITH RESPECT THERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN THE STATE OF CONNECTICUT IN THE UNITED STATES.
Any cause of action or claim that you may have with respect to this Web Site 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 this Web Site 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 this Web Site 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.
You agree to indemnify, defend and hold harmless Silgan and its affiliates and their respective officers, directors, employees, agents and licensors as well as any third party information providers to this Web Site from and against all losses, expenses, damages, liabilities, judgments, injuries, penalties, claims, causes of action and costs, including reasonable attorneys’ fees and expert witness fees, resulting from any violation of these terms and conditions by you.
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 this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
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 effect 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.
This Web Site may 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 which 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 operations or financial condition of Silgan could differ materially from those expressed or implied in such forward-looking statements.