Terms of Use

These Terms Must be Accepted When Accessing the C.K.S. Packaging, Inc. Website:

CKS
C.K.S. Packaging, Inc. (“CKS”) is the owner of this website. CKS is a Georgia corporation with its chief executive office located at:

350 Great Southwest Parkway, SW
Atlanta, Georgia 30336
United States of America
Phone: (404) 691-8900

General information, policies, contact, and support information regarding CKS can be found at www.ckspackaging.com.

By accessing or using any pages of this website, you agree to the terms and conditions below. If you do not agree to these terms, please stop using this website immediately. These terms may change from time to time, and this posting will be revised to reflect those changes. Your use of this website after any such changes will signify your acceptance of those changes, so please check back frequently to make sure you have read the most recent version of the CKS Terms.

Disclaimer

CKS is a manufacturer of rigid plastic containers for commercial customers in truckload quantities. CKS sells its manufactured products to commercial users. CKS does not sell its products directly to consumers, and you should not interact with the CKS website as an individual “consumer”; rather, any interaction with the CKS website or the container Catalog should be in a representative capacity on behalf of a commercial user. By accessing the CKS website, you represent and warrant that you are interacting on behalf of a commercial user and you are not a “consumer” attempting to purchase products for “personal, family or household purposes”. Be advised that consumer protections that might otherwise apply to privacy, data protection and consumer purchases do not apply to interactions with CKS through this website.

If you are an individual contacting the CKS website because you are interested in career opportunities with CKS (through the “Careers” Tab), be advised that you will be redirected to a third-party Zip Recruiter website, and you should carefully review the Privacy Policy and Terms of Use applicable to that Zip Recruiter website before you share any information with the third-party provider. Zip Recruiter may share certain data with CKS relating to any specific job postings by CKS, but any information collected by Zip Recruiter will be governed by their Privacy Policy and Terms of Use and CKS shall have no liability or responsibility in connection with your interation with Zip Recruiter.

If you click through to the website of Maximum Impact Love, Inc. (“MIL”) through the “Community Service” Tab, be advised that you will be redirected to that third-party website, and you should carefully review the MIL Privacy Policy and Terms of Use applicable to that website before you share any information with the third-party provider. While CKS personnel participate in and support the community activities of MIL, be advised that MIL is an independent 501(c)(3) non-profit ministry. Any information collected by MIL (relating to Love Boxes or any ministry events, projects or activities) will be governed by their Privacy Policy and Terms of Use and CKS shall have no liability or responsibility in connection with your interaction with MIL.

CKS provides the information contained in this website for informational purposes only. CKS is not liable for the consequences of the use or misuse of any information contained in the CKS website. There can be no implication that any components, products or packaging of any kind is compatible with or appropriate for any product content, or that the packaging is suitable for any particular usage or purpose. CKS customers are always solely responsible for their own compatibility testing, permeation testing and similar testing relating to the suitability of packaging. CKS expressly disclaims all implied warranties of any kind, including merchantability, non-infringement and fitness for a particular purpose in accordance with the CKS Terms and Conditions of Sale. Any sale of a CKS product through this CKS website shall be subject to the CKS Terms and Conditions of Sale and no other terms, customs or practices shall apply to any sale of products by CKS.

YOUR USE OF THE CKS WEBSITE AND ALL CKS PRODUCTS OFFERED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THIS DISCLAIMER SHALL BE VALID AND BINDING UNDER GOVERNING GEORGIA LAW REGARDLESS OF WHETHER OTHER JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES.

In no event shall CKS be liable to you for any indirect, special, incidental, punitive or consequential losses or damages (including third-party claims) or loss of profits, revenue, goodwill or anticipated savings or for any financial loss whatsoever suffered by you or any third-party howsoever caused (including any loss or damage suffered by you as a result of an action brought by a third-party) arising in relation to the products or services of CKS (including any errors, inaccuracies or omissions in the information or any faults, interruptions or delays in connection with the products or services) or any action taken in reliance on the information or in connection with the products or services, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise, or is reasonably foreseeable or is otherwise in the contemplation of the parties.

CKS LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU HAVE PURCHASED THROUGH THE CKS WEBSITE, NOR WILL CKS UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, PROCESSING OR DELIVERY DELAYS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

Governing Law and Exclusive Jurisdiction

By accessing the CKS website, you voluntarily and irrevocably consent to the governing law of the State of Georgia and exclusive jurisdiction in the state courts siting in Fulton County, Georgia for any and all disputes. All matters arising out of or relating to these CKS Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any litigation under or related to these CKS Terms shall be brought and maintained in the state and federal courts located in Atlanta, Georgia. You irrevocably submit to the exclusive jurisdiction of these courts, agree to file all pleadings in connection with the subject matter of these CKS Terms in such courts, and waive any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these CKS Terms in such courts. NO CLAIM OR ACTION UNDER THESE CKS TERMS BY YOU AGAINST CKS MAY BE BROUGHT MORE THAN 12 MONTHS AFTER SUCH CAUSE OF ACTION ARISES. YOU AND CKS EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. You and CKS agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.

Copyright and Intellectual Property Rights

Lite & Tite® is a registered trademark of CKS.

The content available on the CKS website is the copyright of CKS and may not be downloaded, stored, shared, distributed or reproduced without the advance written consent of CKS. Individual items of “Content” (including news/texts/reports/PDFs, images/photos, catalog data/specifications, videos, 3D models) provided by CKS are the copyright or intellectual property right of CKS. Certain “Software Code” and “Additional Resources” may be provided by CKS to run the technologies including images/photos/icons/textures/templates, 3D models/stands/shapes/objects, front-end and back-end software source code (including HTML/Javascript), libraries, applications. The Content, Software, and Additional Resources (if any) are provided by CKS for the use of viewing that content only through the web sites and applications of CKS. Downloading, storing, reverse engineering, decompiling, repurposing, or reproducing Content, Software, or Additional Resources and using it elsewhere or for any other purpose shall be strictly prohibited and only permissible if subject to an express license from CKS to access and/or use the intellectual property of CKS by advance approval in writing.

You acknowledge and agree that CKS is, and will remain, the sole and exclusive owner of all intellectual property rights in and to each product made available on this CKS website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related intellectual property rights. You do not and will not have or acquire any ownership of the products made available through this CKS website, or of any intellectual property rights relating to those products. The CKS family of trademarks, service marks, and other marks of indicia, including all related names, logos, product names, designs, and slogans are trademarks of CKS (or its affiliates or licensors as may be indicated). You must not use such marks without the prior written permission of CKS. You agree to abide by the CKS Terms when accessing content on the CKS website.

Information

If you know of information on the site that is factually wrong, please inform us through the contact form (or by sending an e-mail to webadmin@ckspackaging.com) so we can either update the data, or remove it. If you are the legal owner of information on the site and want it removed for any reason, contact us and we will remove the information if it is yours and you have legal ownership.

Privacy and Security

Our Privacy Policy governs the processing of all personal data collected from you in connection with any purchase of products through the CKS website and you consent to all actions CKS takes with respect to such information, so long as such actions are consistent with the Privacy Policy. CKS cannot and does not guarantee or warrant that data, files or content shared through the CKS website or available for download from the internet or the CKS website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures, firewalls and checkpoints to satisfy your particular requirements for antivirus/malware protection and accuracy of data input and output, and for maintaining a means external to the CKS website for reconstruction of any lost data.

Cookies

CKS uses Google Analytics and its own cookies to make a better experience on the site. We request and require your consent to using cookies to access this CKS website. If you do not consent to using cookies, do not use the CKS website.

Software

Users are free to register and sign up to the CKS website “as is” with no implied warranty. Users or companies that have no contract in place with CKS do not have rights to any specified level of access, service or support, and services may be withdrawn at any time at the sole discretion of CKS.

User Liability for Content

Users are totally liable for the content and copyright of the information they post. In no way is CKS responsible for the posting of third-party data. If a company has a complaint about data, then they should contact CKS to temporarily withdraw the data until the dispute has been resolved.

Linking

You may link to the CKS website if the page linking to it is in good faith and is not in breach of any law. You may use our logos to link to the website as long as the logo is not misrepresented. CKS reserves the right to ask you not to use its logo.

Backups

Data on the CKS website is periodically backed up to multiple secure locations. CKS provides no data recovery service.

Spam

Users that spam (send bulk repeated messages) companies or engage in any other bad practice will be banned from the platform at the discretion of CKS.

Accessibility

CKS is committed to making the website as accessible as possible.

Indemnification

You agree to defend, indemnify, and hold harmless CKS, its affiliates, and their respective officers, directors, shareholders, employees, contractors, successors, and assigns from and against any and all liabilities, obligations, claims, demands, actions, lawsuits, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these CKS Terms.

MISCELLANEOUS

You will not assign any of your rights or delegate any of your obligations under these CKS Terms without our prior written consent. Any purported assignment or delegation in violation of these CKS Terms is null and void and of no legal force or effect. No assignment or delegation relieves you of any of your obligations under these CKS Terms. The failure by CKS to enforce any right or provision of these CKS Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CKS. These CKS Terms do not, and are not intended to, confer any rights or remedies upon any person other than you. If any provision of these CKS Terms is declared void, illegal, invalid, or unenforceable in whole or in part for any reason, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with these CKS Terms, the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. These CKS Terms, the CKS Terms and Conditions of Sale, and the CKS Privacy Policy will be deemed the final and integrated agreements between you and CKS on the matters contained in these CKS Terms.

Notices

We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.