These Terms (“Terms”) govern your use of the Southeastern Container, Inc., website (“Site”) and the content, information, and services provided through the Site. By using this Site, you (“You”) and other users of the Site (“User” or “Users”) agree to these Terms. Each time You use the Site You signify your acceptance and agreement, and the acceptance and agreement of all persons You represent, without limitation or qualification, to be bound by these Terms, and You represent and warrant that You have the legal authority to agree to and accept these Terms on behalf of yourself and all persons You represent. If You do not agree with each provision of these Terms, or You are not authorized to agree to and accept these Terms, You may not use this Site, and Southeastern Container may terminate or suspend access to this Site immediately, without prior notice or liability. All provisions of the Terms which should survive termination or suspension of access or use of the Site will survive termination, including, without limitation, proprietary rights, trademark information, indemnity provisions, warranty disclaimers, and limitations of liability. By using the Site following any modifications to the Terms, You agree to be bound by such modifications.
SCOPE OF THESE TERMS
These Terms is in addition to and supplements any written agreements that You or any persons You represent have with Southeastern Container (now or in the future) concerning Southeastern Container generally. These Terms and all other agreements that You or any person You represent have with Southeastern Container (now or in the future) together constitute the entire agreement regarding your access to and use of the Site, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Site. In the event of any inconsistency or conflict between the provisions of these Terms and the provisions of any other agreement that You or any persons You represent have with Southeastern Container (now or in the future), the provisions of these Terms shall govern regarding your access to and use of the Site.
USE OF THE SITE
The Site is owned and operated by Southeastern Container. The Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted these Terms. Persons using the Site must comply with all applicable laws. You may not use such the Site to: (i) violate any law of to perform any activity that is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others’ privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party’s rights; or (iii) advertise, offer, solicit, license or grant public access to any such assessment and screening services. In addition, You agree You will not: (i) intentionally provide irrelevant, misleading, or wrongful information while using the Site; (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) provide any incomplete, false, or inaccurate information on an application submitted for a job with Southeastern Containers through a third-party website; (iv) post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data to the Site; (v) eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate such assessment and screening services, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data to the Site; (vi) create deep linking from any other page to any part of the Site; (vii) delete any author contributions, legal notices, or proprietary designations or labels on any information or documents You upload to the Site; (viii) upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party to the Site; and/or (ix) delete or revise any material posted by another person or entity on the Web Site. Southeastern Container may in its discretion refuse permission to access and use the Site.
RULES AND LIMITS ON TERMINATION AND MODIFICATION TO THE SITE
We reserve the right, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to You or to any third party. We may also impose rules for and limits on the Site or restrict your access to part, or all, of the Site without notice or penalty. We may change these rules and/or limitations in our sole discretion.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for other locations. Persons who access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, to the extent local laws apply.
You agree to comply with all laws, rules and regulations for your use of the Site. Without limiting the generality of the foregoing, You agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which You reside.
Southeastern Container is the owner or licensee of the content and/or information on the Site, and all intellectual property rights (including any registered or unregistered trademark, trade name, logo, service mark, or copyright), unless otherwise indicated, in the Site. Material published on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by Southeastern Container or third parties. Nothing in these Terms shall be construed as granting to you, by implication, estoppel, or otherwise, a license, rights to use, or other rights under any copyright, trademark, patent, or other intellectual property right of Southeastern Container or any third party, including trade names, service marks, or logos displayed on the Site, except as expressly set forth herein. Any use by You of the registered or unregistered trademark, trade name, logo, service mark, copyright, trademark, patent, or other intellectual property of Southeastern Container or any third party displayed on the Site is strictly prohibited. Specifically, You may not copy, imitate, modify, reproduce, publish, republish, upload, post, rent, lease, loan, sell, distribute, transmit, or create derivative works of such intellectual property, in whole or in part, without the express prior written consent of Southeastern Container.
TERMINATION OF THESE TERMS AND THE SITE
The Site and our servers, as with most Internet applications, are vulnerable to various security issues. Data and information sent using the Site may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery and system contamination, use of viruses, worms and Trojan horses, causing unauthorized, damaging harmful access and/or retrieval of information and data on your computer and other forms and activities that may even be considered unlawful. We are doing our best to prevent such invasions from happening but we will not be responsible for any damage or harm caused as a result of such actions.
YOU ARE ESPECIALLY ADVISED AGAINST USING THE WEB SITE OR ANY PART THEREOF WITH “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND INFORMATION. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
You are prohibited from violating or attempting to violate the security of the Site or our network, including without limitation, (i) accessing data not intended for such a user or logging into a server or account for which such a user is not authorized access, (ii) attempting to probe, scan or test the vulnerability of the System or our network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with services to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”, or (iv) forging any TCP/IP packet header or any part of the header information in any posting. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or our network. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Violations of the Site or network security may result in civil and/or criminal liability. Southeastern Container will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which Southeastern Container may be entitled under these Terms and/or any applicable law, Southeastern Container may immediately terminate, without notice, your use of and access to the Site and any part thereof, and in the event that You have paid any amount for the right to use the Site, then without derogating from any other right for indemnification and/or compensation it may have, Southeastern Container may set-off any such funds and You hereby forfeit any right You may have to receive any such funds from Southeastern Container.
LINKS FROM AND TO THE SITE
You may link to third party Websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Southeastern Container and Southeastern Container is not responsible for the content, availability, advertising, products, information or use of User information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Southeastern Container’s endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the terms of service of the Linked Sites and with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. Southeastern Container shall not be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. Direct any concerns to that site’s administrator or Webmaster. Southeastern Container reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users.
Permission must be granted by us for any link to the Site. To seek our permission, You may write to Southeastern Container. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SOUTHEASTERN CONTAINER AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS HARMLESS FROM ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM, RELATED TO OR FOR YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
LIMITATION OF LIABILITY
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. SOUTHEASTERN CONTAINER DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SITE. YOU AGREE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND/OR SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SOUTHEASTERN CONTAINER AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SOUTHEASTERN CONTAINER OR ANY PERSON FOR WHOM SOUTHEASTERN CONTAINER IS RESPONSIBLE OR LIABLE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OF USE, INCOME, REVENUE, PROFITS, BUSINESS, DATA, OR SALES, OR COST OF SUBSTITUTE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT ACTION, OR ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SOUTHEASTERN CONTAINER AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS, AND NOTWITHSTANDING THAT SOUTHEASTERN CONTAINER OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. THE LIMITATION OF CERTAIN LIABILITIES MAY BE PROHIBITED BY IN SOME JURISDICTIONS, SO CERTAIN LIMITATIONS OR LIABILITY MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND/OR SERVICES IS PROVIDED WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, SECURITY, USEFULNESS, OR COMPLETENESS OF INFORMATION OR THE SITE, ALL OF WHICH ARE HEREBY DISCLAIMED BY SOUTHEASTERN CONTAINER TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOUTHEASTERN CONTAINER MAKEE NO REPRESENTATION, WARRANTY, OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. SOUTHEASTERN CONTAINER DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AS PERMITTED BY LAW SOUTHEASTERN CONTAINER AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
GOVERNING LAW AND DISPUTE RESOLUTION
The Site is controlled by Southeaster Container from Enka, North Carolina, United States of America. These Terms, your use of the Site, and all related matters are governed solely by the laws of the state of North Carolina, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Enka, North Carolina, United States of America. Notwithstanding the foregoing, You or Southeastern Container may seek injunctive relief from an appropriate court located in Enka, North Carolina prior to or during the arbitration. Any claim or cause of action You may have arising from, connected with, or relating to your use of the Site, these Terms, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
The Terms constitute the entire agreement between You and Southeastern Container and govern your use of the Site, superseding any prior agreements between You and Southeastern Container. You also may be subject to additional terms and conditions that apply to certain parts of the Site. If You violate these Terms or any other rights of Southeastern Container we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these Terms, You agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without Southeastern Container’s express written consent. The Terms inure to the benefit of Southeastern Container’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please send reports of any activity in violation of these Terms to (828) 350-7200.