TERMS OF USE

HCT Packaging Inc. (“HCT,” “we” or “our”), as a convenience to you grants you access to its website, accessible via www.hctpackaging.com (the “Site”), conditioned on your acceptance of the terms and conditions contained herein (these “Terms of Use”). For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation, any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.

ATTENTION: PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING OR SUBMITTING INFORMATION TO THE SITE. BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE SITE.

You agree that HCT may revise these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, the then current version of these Terms of Use and the Privacy Policy.

These Terms of Use are effective as of May 15, 2013.

PRIVACY

Our policies concerning the use of your personal information are set forth in the Privacy Policy at www.hctpackaging.com, www.hctusa.com, www.https://hctgroup.com, which is incorporated herein by reference. By using this Site, you agree to waive and release HCT from any claim or liability in connection with collection, use, or disclosure of information consistent with the Privacy Policy.

LICENSE AND RESTRICTIONS

Subject to the terms herein, you are hereby granted a limited, non-transferable, non-exclusive right to access and make personal use of the Site and the Content. This limited license does not include any commercial use or resale use of the Content or any plagiaristic use of the Site or the Content. You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, license, transfer, sell or otherwise exploit for any commercial purposes all or any portion of the Site or the Content except as expressly permitted by these Terms of Use; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site ; or (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Site available.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of HCT is strictly prohibited.

HCT does not accept or consider unsolicited suggestions and materials, including any ideas, comments, suggestions, or the like (collectively, “Information”). Please do not submit any Information to HCT by electronic mail, contact us forms or otherwise. Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Information to HCT, such Information will be treated as non-confidential and non-proprietary. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Information. HCT is free to use any Information, without limitation and without any compensation to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information. By submitting Information to HCT, you agree HCT is free to use the Information for any purpose whatsoever.

COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of HCT and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with HCT’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, HCT grants no other privileges or rights in the Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on the Content. Any Content owned by HCT’s licensors may be subject to additional restrictions. All rights are expressly reserved to HCT and its licensors.

TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to HCT or other respective owners that have granted HCT the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of HCT, and you may not remove or otherwise modify any trademark notices from any Content.

USER CONTENT

This Site may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on this Site, you hereby grant HCT an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from HCT in connection with HCT’s exercise of its license rights in and to the User Content you have posted on or submitted to this Site. By posting or submitting the User Content on this Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this Site, please notify us immediately at [Technology@hctusa.com] or by U.S. mail to [2800 28th Street. Suite 240, Santa Monica CA, 90405]. DMCA notices must be in writing and must include all of the following information:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and email address and all other information reasonably sufficient to permit HCT to contact you;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than HCT (the “External Sites”). However, even if the third party is affiliated with HCT, HCT has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HCT. HCT has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These External Sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that HCT sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

DISCLAIMER

THIS SITE, INCLUDING CONTENT, MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA THE SITE, INCLUDING EXTERNAL LINKS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS BASIS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HCT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

HCT DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, INFORMATION OR ANY OTHER MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, HCT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE ON THE SITE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO HCT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HCT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FORM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF HCT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF THE USE OF THE SITE OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, OR ANY ERRORS, OMISSIONS, VIRUSES OR MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL HCT’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HCT, its officers, directors, employees, agents, licensors, suppliers and third party partners from and against any and all claims, actions, losses, damages, liabilities, expenses, costs or demands, including, but not limited to, reasonable legal fees and expenses, for all damages directly or indirectly resulting or allegedly resulting from (i) your use, misuse, or inability to use the Site, (ii) your breach of any of these Terms of Use, (iii) the use of any content or data submitted by you that infringes the patent, copyright, trademark, trade secret or other intellectual property or other rights of any third party, (iv) any inaccurate or incomplete date or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you, and (v) any violation of applicable laws, rules or regulations by you. HCT shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If HCT does not hear from you promptly, HCT reserves the right to defend such claim or suit and seek full recompense from you. Without limitation of the foregoing, you may not settle, compromise, or dispose of any claim in any other manner without our express written consent. attorneys’ fees, resulting from any violation of these terms and conditions.

COMMENTS

HCT does not accept or consider unsolicited suggestions and materials, including any ideas, comments, feedback, suggestions, or the like (collectively, “Comments”). Please do not submit any Comments to HCT by electronic mail, “contact us” forms or otherwise. Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Comments to HCT, such Comments will be treated as non-confidential and non-proprietary. Furthermore, any disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory. You agree, at our cost, to execute any documents to effect, record or perfect such assignment. Thus, we will own exclusively all such right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Los Angeles, California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. HCT’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. HCT may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If HCT is the prevailing party with respect to any claim, controversy or dispute arising under or with respect to these Terms of Use, HCT will be entitled to recover any and all of its attorneys’ fees, costs and expenses incurred in connection with such claim, controversy or dispute.

GENERAL

HCT may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HCT as a result of these Terms of Use, our Privacy Policy or any use of the Site. HCT’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of HCT’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HCT with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and HCT with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HCT with respect to the Site. We may provide notice to you hereunder by posting announcements to the Site.

NOTICES

Unless explicitly stated otherwise in the Site, you must provide all notices or complaints to HCT via email to [Technology@hctusa.com] or by U.S. mail to [2800 28th Street, suite 240, Santa Monica CA 90405].

PRIVACY POLICY

This privacy policy (this “Privacy Policy”) tells you about the information that HCT Packaging Inc. (“HCT,” “we” or “our”) collects in connection with the operation of its website located at www.hctpackaging.com (the “Site”), how the information is used and how you can access and correct certain information that we may collect.

ATTENTION: PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OR SUBMITTING INFORMATION TO THE SITE. BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE. WHENEVER YOU SUBMIT INFORMATION VIA THE SITE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE, DO NOT USE THE SITE.

This Privacy Policy applies only to information collected from you by HCT via the Site and does not apply to information obtained or disclosed through offline correspondence or personal contacts with HCT representatives. Further, the Site may contain links to other entities’ websites that are not controlled or operated by HCT. This Privacy Policy does not apply to such third party websites, and HCT is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties prior to disclosing your information to such parties or upon visiting such third party websites.

This Privacy Policy is effective as of May 15, 2013 (the “Effective Date”).

INFORMATION COLLECTED AND HOW WE USE IT

Personally Identifiable Information

Personally identifiable information includes your name, address, email, telephone number, or any other information that might reasonably be used to identify you individually. HCT only collects personally identifiable information that is voluntarily provided by visitors to the Site. We may use this information to respond to an email or other inquiry or request, to help improve our Site, or to send updates or notices about HCT. We may also combine the personally identifiable information you provide with other generally or publicly available information to help us identify visitors’ preferences or interests.

Non-Personally Identifiable Information

The HCT web server captures the Internet Protocol (IP) addresses of each connection to our Site and the specific web pages visited during that connection. An IP address is a number assigned to your computer by your internet service provider so that you can access the internet and is generally considered to be non-personally identifiable information because in most cases it changes each time you connect to the internet. IP addresses may be used to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site, and administer and improve the Site. Although the IP address and related information collected is stored in the server log files, no individual is authorized to access those files for any purpose other than system maintenance. We may also use this information to help improve our Site and our services by better understanding our audience. We may also collect non-personally identifiable information in aggregate form to track data such as the total number of visitors to each page of our Site, and the domain names of our visitors’ internet service providers.

DATA SHARING AND TRANSFER.

HCT will not trade, sell or share your personal information for use by any third party without your consent, unless required by law or as disclosed to you when the information is collected. HCT reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to (a) protect and defend the rights or property of HCT, or (b) act in urgent circumstances to protect the safety or security of the public or of users of HCT’s services and/or the Site.

Your personal information will generally be stored in the HCT databases, which are located in the United States. Specific information is provided on the Site’s consent or registration form, where needed. Our policy is to ensure that your information is always granted the same level of protection no matter where it is stored. In the event that HCT is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of HCT’s assets, your personal information may be transferred to the other party in such transaction.

USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

Upon our collection of your personally identifiable information, HCT may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:

· To provide any requested services;

· To troubleshoot problems with the Site, or any services, as requested;

· To customize your experience on the Site;

· To enforce our Terms of Use; or

· To contact you with more information about HCT and its services.

COOKIES AND OTHER TECHNOLOGIES

Cookies help us in many ways to make your visit to the Site more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. HCT may use such “cookie” technology to obtain non-personal information from you as an online visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. HCT may also use so-called “web beacons” to access the information contained in its cookies within the Site.

CHILDREN’S PRIVACY

HCT does not knowingly collect any personally identifiable information from children under 13 years old through the Site. However, if the parent or the guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at [Technology@hctusa.com] or via U.S. mail to [2800 28th Street suite 240, Santa Monica CA 90405], if they want this information deleted from our files. Anyone under 18 years old should seek his or her parent’s or guardian’s permission prior to using or disclosing any personal information on or through the Site.

SECURITY

We use commercially reasonable efforts to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.

LINKS TO OTHER SITES

The Site may provide links to other websites as a service to our visitors. These are web sites we believe may have helpful information. However, HCT does not endorse and is not responsible for the content of third-party sites. Nor does HCT have any control over information you may choose to provide to those sites. This Privacy Policy does not apply to third party sites, even if they are linked to the Site. Other internet sites you visit may have their own privacy policies or no policy at all. Other web sites might use personal information differently than this Privacy Policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information. HCT has no control over the privacy practices or the content of such websites. We recommend you carefully read the privacy policies of each site you visit.

CHOICE AND OPT-OUT PREFERENCES

Other than cookies or other technological means, HCT does not collect your personally identifiable information unless you choose to provide it. If, at any time, you would like to correct, update or delete your personally identifiable information, or if you prefer not to receive any other form of communication from HCT, please contact us via email to [Technology@hctusa.com] or via U.S. mail to [2800 28th Street suite 240, Santa Monica CA 90405].

REVISIONS TO THIS PRIVACY POLICY

HCT reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Site. We urge you to review this Privacy Policy frequently for changes. Your continued use of the Site means that you accept the current version of the Privacy Policy.

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light” you are entitled to request and receive, free of charge, a copy of HCT’s California Information Sharing Disclosure Notice for the previous calendar year. You may email us at [Technology@hctusa.com] to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

QUESTIONS OR COMMENTS

HCT welcomes questions and comments about this Privacy Policy. Questions or comments should be sent via email to [Technology@hctusa.com] or via U.S. mail to [2800 28th Street suite 240, Santa Monica CA 90405].