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Terms of Use

Bemis Manufacturing Company Standard Terms and Conditions of Sale
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Bemis Manufacturing Company Standard Terms and Conditions of Sale

Last Updated; May 2024

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE: PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND BEMIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 15 BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWINW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 15.

  1. Terms of Use

Unless otherwise noted on a particular site or service, these master terms of use (''Master Terms'') apply to your use of all of the websites (including bemismfg.com (the ''Websites''), web and mobile apps, and services that Bemis Manufacturing Company and its subsidiaries operate (collectively, ''Bemis''), as well as the products, information, and services provided through the Websites, including the unified app (together with the Websites, the ''Services'').

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (''Additional Terms''). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Bemis in relation to your use of the Services. This binding legal agreement is referred to below collectively as the ''Terms." THE TERMS ARE A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT ACCESS THE SERVICES AND REMOVE ANY ASSOCIATED SOFTWARE APPLICATION FROM YOUR DEVICE. You can review the most current version of these Master Terms at any time at www.bemismfg.com.

  1. Your Agreement to the Terms

BY CLICKING “I ACCEPT”, “I AGREE” OR SIMILAR, OR BY ACCESSING OR USING ANY THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I accept”, “I agree” or accepting a similar prompt, or accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services or who will be using the services under your account. If you do not agree to the Terms, you are not authorized to use any Services.

  1. Changes to the Terms

From time to time, Bemis may change, remove, or supplement the Terms. Bemis will provide notice via email, your account or the Services regarding the changes to the Terms and request your assent to the updated Terms. If you do not agree to the updated Terms, Bemis may restrict your further use of the Services without liability to you. If you continue to use the Services after the effective date of the updated Terms, you will be bound by the updated Terms.

  1. Content Available through the Services

Provided as-is: You acknowledge that Bemis does not make, and specifically disclaims, any representations or warranties about the material, data, and information (collectively, the ''Content'') to which you may have access as part of, or through your use of, the Services. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances is Bemis liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you understand the applicable restrictions. As between you and Bemis, all Content (except for Your Content), including any Services, downloadable software, and all data that accompanies the above, are solely owned by Bemis. By using the Services, you agree that you will not copy, modify or in any way reproduce or damage the Services (including any underlying software or code) or Content contained therein. You agree not to (i) use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Services or Content or any portion thereof for use in any publications, in public performances, on websites for any other commercial purpose, (ii) use the Services or Content or any portion thereof in connection with products or services or for any purpose not expressly authorized by Bemis, nor (iii) use the Services or Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits Bemis, that dilutes the strength of Bemis's intellectual property, or that otherwise infringes Bemis's intellectual property rights.

From time to time we may restrict access to our Content or the Services without further notice. You acknowledge that Bemis may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Bemis has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (''Your Content''), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary, and that Your Content does not establish a relationship between you and us. You hereby grant Bemis and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms.  You waive any right to compensation of any type for Your Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section 5 and that use of Your Content by Bemis does not violate any law.

Removal: Bemis may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Bemis) does not impact any rights you granted in Your Content under the terms of a Bemis license.

  1. Registered Users:

Registered Users:  By registering for an account through any of the Services, including a Bemis Link account (or a universal log-in for all Services), you represent and warrant that you (1) are the age of majority in your jurisdiction (typically age 18) or, (2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use Services in connection with the account. You further represent and warrant that you are not a Specially Designated National or other U.S. Department of Treasury or Department of Commerce denied party, nor are you prohibited from using the Services under any U.S. or foreign export law. The Services offered to registered users are provided subject to these Terms and any terms specified on the relevant Website(s).

Personal use: You may use the Services only for your personal, non-commercial use.

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account by yourself and anyone you permit to use the account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so. It is a condition of your use of the Services that all the information you provide on or in connection with the Services is correct, current, and complete.

Termination: Bemis reserves the right to modify or discontinue your account at any time for any reason or no reason at all.

  1. Prohibited Conduct

You agree not to engage in any of the following activities:

7.1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

7.2. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of targeted or blanket solicitation.

7.3. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use and enjoyment of the Services; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

7.4. Harming others:

You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services. You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

7.5. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another's account or personal information. You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

  1. Ownership of Intellectual Property

Except for Your Content, you acknowledge and agree that the Services and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any Bemis brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, ''Intellectual Property'') are owned by Bemis and is protected by applicable intellectual property laws.

You are not granted a license or any right, title, or interest in any Intellectual Property use in or made available through the Services.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Services without our prior written consent. The Bemis name, the Bemis logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bemis or its affiliates or licensors. You must not use those marks without the prior written permission of Bemis. Any other names, logos, product and service names, designs, and slogans of the Services are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Services. All rights not expressly granted in these Terms are reserved exclusively by Bemis.

  1. No Medical Advice

Certain Services may allow you to track, manage, and share your fitness-related information. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Content presented on or through the Services is made available solely for general information purposes, and does not constitute any type of advice.  Any reliance you place on this Content is strictly at your own risk.

  1. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEMIS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BEMIS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY BEMIS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BEMIS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEMIS OR ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF BEMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, YOUR RECOVERY OF DAMAGES, IF ANY, IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR THE SERVICES OR USD $50.00.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

  1. Indemnification

To the extent not prohibited by law, you agree to indemnify and hold harmless Bemis, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, (c) the Content you make available on any of the Services, or (d) your violation of any other party’s rights or applicable law.

  1. Privacy Policy

Bemis provides a privacy policy that describes the data we collect through our Services, which is available here: https://www.toiletseats.com/privacy-policy.  Please review the Privacy Policy so you are aware of how we collect and use your personal information.

  1. Termination

By Bemis: Bemis may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Bemis at any time and for any reason.

By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your Bemis Link account) terminates automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license.

  1. Dispute Resolution.

Agreement to Arbitrate

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in clause (ii) is an “IP Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-Out Notice”) by email at corp@bemis.com or by regular mail to 300 Mill Street, Sheboygan Falls, Wisconsin 53085 within 30 days following the date you first accept these Terms, if you have not registered for an account, then within 30 days following the date you first use our Services. If you do not provide us with an Arbitration Opt-Out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in Sheboygan County, Wisconsin, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts. Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Sheboygan County, Wisconsin. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If you claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

  1. Miscellaneous Terms

Choice of law: The Terms (and all Disputes) are governed by and construed by the laws of the State of Wisconsin in the United States, not including its choice of law rules.

Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). Bemis may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at corp@bemismfg.com if you have any questions regarding any Communication. You further consent and agree that your use your finger, a key pad, mouse or other device to select an item, button, icon or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.

No waiver: Either party's failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Bemis as a result of the Terms or from your use of any of the Services. You may not enter into any contract on our behalf or bind us in any way.

Assignment: Bemis may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use Services or its Content, and any attempt by you to do so is void.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Bemis relating to this subject matter and supersede any and all prior communications and/or agreements between you and Bemis relating to access and use of the Services.

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