Acceptance / Use of Site:

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.  Any person or entity who interacts with the Site through the use of web crawlers, crawlers, robots, bots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.  If at any time you, or a User / End User, do not accept all of these Terms & Conditions, you must immediately stop using the Site.  Certain areas within the Site may be governed by additional terms (“Additional Terms”).  By using those areas of the Site, you agree to the Additional Terms.  The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Intellectual Property / Content Ownership

All content included on the Site, including text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Nekoosa Coated Products, LLC, or its suppliers or licensors, and is protected by copyright, trademark, patent, or other proprietary rights.  The collection, arrangement, and assembly of all Content on the Site is the exclusive property Nekoosa Coated Products, LLC, and is protected by U.S. and international copyright laws.  Nekoosa and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License and Access

Nekoosa grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions.  You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way.  Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions.  As a condition of your use of this Site, you promise and pledge to Nekoosa that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.  Whether on behalf of yourself, or on behalf of any third party, YOU MAY NOT:

• Make any request for a product sample, or samples, including any material provided by Nekoosa on the Site, where Nekoosa believes, or has reason to believe, that any requested sample is being used, or will be used, for any purpose other than what was intended by Nekoosa, including any well-reasoned and supported, but not limited to, beliefs by Nekoosa that competitor companies are making such a request, such requests are being made by requestors having fake, fraudulent and/or generic e-mail addresses or accounts, and/or requestors who are not directly engaged in, or associated with, the paper product, carbonless paper, digital carbonless paper, inkless fingerprint and footprint system, laser bond paper, specialty print media, paper coating, specialty paper coating, custom plastic extrusion capabilities, application tape, pressure-sensitive films, synthetic and carbonless paper and/or commercial printing and graphics business markets;
• Make any commercial use of the Site or its Content, including making any collection or use of any Content or images;
• Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, crawlers, robots, bots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Nekoosa or generally publicly available browsers;
• Frame, mirror, or use framing techniques on any part of the Site without Nekoosa’s express or prior written consent;
• Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
• Use any meta tags or any other hidden text utilizing Nekoosa’s name or marks;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that Nekoosa endorses any statement you make;
• Conduct fraudulent activities on the Site;
• Violate, or attempt to violate, the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Site (impersonating the Nekoosa Site) or to the Site (impersonating another user);
• Send unsolicited or unauthorized e-mail on behalf of Nekoosa, including promotions and/or advertising of products or services;
• Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes, or attempts to interfere, with the working or functionality of the Site or any activity being conducted on the Site;
• Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• Harvest or collect personally identifiable information (PII) about other users of the Site;
• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
• Use the Site to advertise, or offer to sell, or buy, any goods or services, without Nekoosa’s express prior written consent;
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; and/or
• Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

Nekoosa hereby reserves the right to withdraw or amend the Website, and any service or material provided by Nekoosa on the Website, which includes the right and authority to refrain from shipping a sample, if Nekoosa believes, or has reason to believe, that any requested sample is being used, or will be used, for any purpose other than what was intended by Nekoosa.

Modifications / Changes / Termination:

Nekoosa may, at any time: (i) modify or discontinue any part of the Site; or (ii) offer opportunities to some, or all, Site users.  Nekoosa reserves the right to make changes to these Terms & Conditions, at any time, and such changes will be effective immediately, upon being posted on the Site.  Each time you use the Site, you should review the current Terms & Conditions.  Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions, after your last usage of the Site, will not be applied retroactively.  Nekoosa reserves the right, without notice, and at its sole discretion, to terminate your account, or your use of the Site, and to block or prevent future access to, and use of, the Site; (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason.  Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site.  Upon termination, all provisions of these Terms & Conditions, which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination.

User-Generated Content / User Reviews, Comments & Submissions:

You agree that any information or content that you provide through the Site (“User Content”): will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading.  You are solely responsible for the User Content you submit, and Nekoosa assumes no liability for any User Content submitted by you.  You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor user Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.  For any Suer Content you submit, you grant to Nekoosa a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.  For this reason, do not send us any User Content that you do not with to license to us, including any confidential information or any original creative materials, such as stories, product ideas, computer code or original artwork.  In addition, you grant to Nekoosa the right to include the name provided along with the User Content submitted by you; provided, however, Nekoosa shall have no obligation to include such name with such User Content.  We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.  Content is also provided by third party visitors to the Site.  Please note that Site visitors may post content that is inaccurate, misleading, or deceptive.  Nekoosa neither endorses, nor is responsible for, any opinion, advice, information, or statements made by third parties.  The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Nekoosa.

Exclusion and Disclaimer of Warranties:

Nekoosa cannot, and does not, represent or warrant that the Site, or its server, will be error-free, uninterrupted, free from unauthorized access (including third-party hackers, or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENT”) ARE PROVIDED BY NEKOOSA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  NEKOOSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM NEKOOSA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMITTED BY LAW, NEKOOSA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites.  If you decide to link to any such third-party sites, you do so entirely at your own risk.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL NEKOOSA OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF NEKOOSA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.  THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY.  WITH RESPECT TO RESIDENTS OF NEW JERSEY, NEKOOSA OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF NEKOOSA’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND NEKOOSA.  THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEKOOSA.  THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

INDEMNITY & DEFENSE CLAUSE:

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Nekoosa and its respective employees, directors, officers, agents, vendors, and suppliers, from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that, if true, would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

JURISDICTIONAL ISSUES / GOVERNING LAW:

The Site is controlled and operated by Nekoosa from the United States, and is not intended to subject Nekoosa to the laws or jurisdiction of any state, country or territory, other than that of the United States, with preference and deference to include that Nekoosa is to be governed by the laws of the State of Wisconsin, without giving effect to conflict of law principles, with Nekoosa consenting exclusively to subject matter and in personam jurisdiction and venue in the appropriate United States District Court of Wisconsin, where, if such court lacks subject matter jurisdiction, then Nekoosa consents exclusively to in personam jurisdiction and venue in a court of competent jurisdiction in Outagamie County, Wisconsin.  Nekoosa does not represent, or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction, other than the United States.  In choosing to access the Site, you do so on your own initiative, and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time, and in our sole discretion.