Terms and Conditions

Terms and Conditions of Use Applicable to All Subscription Reports

These Terms and Conditions of Use govern the “Subscriber” checking below in its use of any of the “Subscription Reports,” defined to include the Statistical Bulletin subscription provided by the Fibre Box Association (“FBA”).

Subscription Fee: The subscription fee shall be the amount listed as the price for the Subscription Reports on FBA’s website, and shall be payable by Subscriber at least ten days prior to subscription commencement. (No reduction of the subscription fee for subscriptions beginning after January 1 of any year is applicable, as subscriptions for any portion of a calendar year includes access to each issue of the Subscription Reports for that year). FBA may adjust the subscription fee for any calendar year beginning after the date of this Agreement, upon notice to Subscriber at the subscription address set forth below on or before the preceding December 1. Subscriptions may not be cancelled, and subscription fees are non-refundable.

Term: Subscriber’s subscription for the purchased Subscription Reports will begin within ten (10) days after payment of the subscription fee for the year and, unless the subscription for the following calendar year is made before December 31 of the initial subscription year, will expire on December 31 of the initial subscription year.

Use of the Subscription Reports: Subscriber is granted a limited, non-exclusive, non-transferable license to use information or data included in the Subscription Reports in the conduct of its business of manufacturing, using and/or selling corrugated material or analyzing the prospective performance of businesses engaged in manufacturing, using and/or selling corrugated material, including the right to electronically copy, and to print copies of the Subscription Reports for the use of Subscriber’s officers, directors, employees and other agents (collectively with Subscriber, “Authorized Users”) for such use. Except as set forth herein, Subscriber and Authorized Users are prohibited from sub-licensing, loaning, publishing, disclosing, displaying, transmitting, quoting, linking, delivering, copying, distributing or otherwise sharing the Subscription Reports or any of its contents with any person other than Authorized Users without the prior written consent of FBA (which consent may be granted or withheld at FBA’s sole discretion). In furtherance of the foregoing prohibitions, Subscriber agrees to adopt reasonable security precautions to prevent anyone other than Authorized Users from gaining access to the Subscription Reports, and assumes responsibility to FBA for any inadvertent or advertent violation of such prohibitions by any other Authorized Users.

Subscriber may create and publish reports, presentations, or other derivative works (collectively, “Subscriber Works”) using information from the Subscription Reports, provided, however, that if Subscriber creates and publishes derivative works using information from the Subscription Reports, Subscriber must clearly state in any Subscriber Works that “FBA is the source of only certain data used herein; [Subscriber] is the source of all analysis, including any analysis with regard to prices for any finished corrugated products, or of containerboard or any other inputs thereto.” FBA expressly reserves the right to revoke the license described above for any violation of this section by Subscriber or Authorized Users.

Bulletin Format/Content: FBA may from time to time change the format, scope and/or content of the Subscription Reports, without notice to Subscriber. No such change will entitle Subscriber to any retrospective or prospective reduction of the Subscription Fee.

Warranty Disclaimer. THE SUBSCRIPTION REPORTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FBA DOES NOT REPRESENT OR WARRANT THAT THE SUBSCRIPTION REPORTS OR ANY OF ITS CONTENTS WILL BE ERROR-FREE, OR THAT ERRORS IN IT WILL BE CORRECTED, NOR DOES FBA MAKE ANY REPRESENTATION AS TO THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE CONTENTS OF THE SUBSCRIPTION REPORTS.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FBA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SUBSCRIPTION REPORTS OR ITS CONTENTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Entire Agreement: These Terms and Conditions of Use constitute the entire agreement between Subscriber and FBA with respect to the Subscription Reports, and supersede all prior or contemporaneous communications and proposals between Subscriber and FBA with respect to the Subscription Reports.

Governing Law/Venue. This Agreement will be governed by and construed in accordance with, and all disputes arising out of or relating to the negotiation, execution, performance or enforcement of this Agreement will be governed by the substantive and procedural laws of the State of Illinois, without regard to conflicts of laws principles. Jurisdiction over and venue in any such dispute will be in the state or federal courts serving DuPage County, Illinois.

Terms and Conditions of Use Applicable to All Individual Reports

These Terms and Conditions of Use govern the “Purchaser” checking below in its use of the Publication, defined to include all reports provided by the Fibre Box Association (“FBA”) and available for purchase from FBA by non-FBA members except for the Statistical Bulletin Subscription Report.

Purchase Fee: The applicable purchase fee is noted on the webpage for each Publication. FBA may adjust the purchase fee for each Publication at any time, and purchase fees are non-refundable.

Use of the Publication: Purchaser is granted a limited, non-exclusive, non-transferable license to use information or data included in the Publication in the conduct of its business of manufacturing, using and/or selling corrugated material or analyzing the prospective performance of businesses engaged in manufacturing, using and/or selling corrugated material, including the right to electronically copy, and to print copies of the Publication for the use of Purchaser’s officers, directors, employees and other agents (collectively with Purchaser, “Authorized Users”) for such use. Except as set forth herein, Purchaser and Authorized Users are prohibited from sub-licensing, loaning, publishing, disclosing, displaying, transmitting, quoting, linking, delivering, copying, distributing or otherwise sharing the Publication or any of its contents with any person other than Authorized Users without the prior written consent of FBA (which consent may be granted or withheld at FBA’s sole discretion). In furtherance of the foregoing prohibitions, Purchaser agrees to adopt reasonable security precautions to prevent anyone other than Authorized Users from gaining access to the Publication, and assumes responsibility to FBA for any inadvertent or advertent violation of such prohibitions by any other Authorized Users.

Purchaser may create and publish reports, presentations, or other derivative works (collectively, “Purchaser Works”) using information from the Publication, provided, however, that if Purchaser creates and publishes derivative works using information from the Publication, Purchaser must clearly state in any Purchaser Works that “FBA is the source of only certain data used herein; [Purchaser] is the source of all analysis, including any analysis with regard to prices for any finished corrugated products, or of containerboard or any other inputs thereto.” FBA expressly reserves the right to revoke the license described above for any violation of this section by Purchaser or Authorized Users.

Bulletin Format/Content: FBA may from time to time change the format, scope and/or content of the Publication, without notice to Purchaser. No such change will entitle Purchaser to any retrospective reduction of the Purchase Fee.

Warranty Disclaimer. THE PUBLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FBA DOES NOT REPRESENT OR WARRANT THAT THE PUBLICATION OR ANY OF ITS CONTENTS WILL BE ERROR-FREE, OR THAT ERRORS IN IT WILL BE CORRECTED, NOR DOES FBA MAKE ANY REPRESENTATION AS TO THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE CONTENTS OF THE PUBLICATION.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FBA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PUBLICATION OR ITS CONTENTS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Entire Agreement: These Terms and Conditions of Use constitute the entire agreement between Purchaser and FBA with respect to the Publication, and supersede all prior or contemporaneous communications and proposals between Purchaser and FBA with respect to the Publication.