Terms of Use

Last updated: December 2023

AGREEMENT TO OUR LEGAL TERMS

We are INSITE® Packaging Automation (“Company”, “we”, “us”, or “our”) a company registered in Minnesota, United States at 3800 Minnesota St, Alexandria, MN 56308, USA.

We operate the website https://www.insitepackaging.com (the “site”), as well as any other related products and services that refer or link to these legal terms.

These legal terms apply to your use of this website and other online content. Your continued use of this online content and services constitutes consent to these terms of use.

This online content is intended for users who are at least 18 years old.

OUR SERVICES

The information provided when using the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act [HIPAA], Federal Information Security Management Act [FISMA], etc.), so if your interactions would be subject to such laws you may not use the service.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property
We are the owner of all intellectual property rights in our services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the services, as well as the trademarks, service marks, and logos contained therein.

Our content and marks are protected by copyright and trademark laws and treaties in the United States and around the world.

Your Use of Our Services
Subject to your compliance with these legal terms, including the prohibited activities section, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the services; and
  • download or print a copy of any portion of the content to which you have properly gained access
solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in these Terms of Use, no part of the service, content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the services, content or makrs other than as set out in these terms, please address your request to infoconnect@insitepackaging.com. If we ever grant you permission to post, reproduce, or publicly display any part of our services or content, you must identify us as the licensors of the services, content, or marks, and ensure that any copyright or proprietary notice appears or is visible. We reserve all rights not expressly granted to you.

Your Submissions and Contributions
Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about our online content, you agree to assign us all intellectual property rights in such submission. You agree that we shall own this information and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The site may invite you to chat, contribute to or participate in blogs, message boards, online forums and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, and other material (“contributions”). Contributions may be viewable by other users of the service and possibly through third-party websites.

When you post contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, display, reformat, translate, and exploit your contributions for any purpose. This license includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, personal and commercial images.

You are solely responsible for your submissions and/or contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of a breach of this contract.

We may remove or edit your content: Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any contribution at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these terms of use.

Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through our services infringes upon any copyright you own or control, please immediately refer to the Copyright Infringements section below.

USER REPRESENTATIONS

By using the services, you represent and warrant that  (1) you have the legal capacity and agree to comply with these terms; (2) are not a minor in the jurisdiction in which you reside; (3) you will not access the services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the service for any illegal or unauthorized purpose; and (5) your use of the services will not violate any applicable alow or regulation.

PROHIBITED ACTIVITIES

  • Systematically retrieve data or other content from the service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
  • Circumvent, disable or otherwise interfere with security-related features of the service, including features that prevent or restrict the use of copying of any content or enforce limitations on the use of the service and/or content contained therein.
  • Disparage, tarish or otherwise harm, in our opinion, us and/or the site.
  • Use information obtained from the site in order to harass, abuse or harm another person.
  • Engage in unauthorized framing of or linking to the service.
  • Make improper use of our services, including support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the services, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering extraction tools.
  • Use the services as part of any effort to compete with us or otherwise use the services and/or content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the service.
  • Delete the copyright or other proprietary rights notice from any content.
  • Copy or adapt the services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that impairs, disrupts, modifies, or alters the features, function, operation or maintenance of the service or interferes with any party’s use of the service.
  • Upload or trasmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 1 x 1 pixels, web bugs, cookies or other similar devices.
  • Use the service in a manner inconsistent with any applicable laws or regulations.

THIRD-PARTY WEBSITES AND CONTENT

The site may contain links to other websites (third-party websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software or other content or items belonging to or originating from third parties. We are not responsible for any third-party websites accessed through our site. If you decide to leave our site to access third-party content, you do so at your own risk.

SERVICES MANAGEMENT

We reserve the right, but not the obligation to, (1) monitor the service for violations of these terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, or disable portions of the service; (4) in our sole discretion and without limitation, notice or liability, to remove from the service or otherwise disable files and content that are excessive in size and are in any way burdensome to our systems; (5) otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services.

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any material available on our site infringes upon any copyright you own or control, immediately notify us using the contact information provided below.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of this service at any time and for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We will not be liable to you for any modification, price change, suspension or discontinuation of the services.

We cannot guarantee the  services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance, resulting in interruptions, delays or errors. We reserve the right to change, revise, suspend, discontinue updates or otherwise modify the services at any time or for any reason. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the services during any downtime.

GOVERNING LAW

These terms of use and your use of the services are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without regard to its conflict of law principles.

CORRECTIONS

There may be information on the services that contains typographical errors, inaccuracies, or omissions, including descriptions or other various information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time.

DISCLAIMER

Our website is provided on an as-is available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content provided. We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, any hyperlinked website or any website or mobile application referenced. You should use your best judgement and exercise caution where appropriate when dealing with third-party content.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the services; (3) breach of these terms of use; (4) any breach of your representations and warranties set forth in these terms of use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These terms of use and any policies or operating rules posted by us on the services or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. These terms operatre to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. These is no join venture, partnership, employment or agency relationship created between you and us as a result of these terms of use. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the services or to receive further information regarding the use of services, please contact us at:

INSITE Packaging Automation
1705 34th Ave W
Alexandria, MN 56308
United States
infoconnect@insitepackaging.com