Terms of Use

These Raptor Packaging Terms of Use (these “Terms”) contain the conditions that govern your access to and use of the rigid packaging marketplace (the “Marketplace”) provided by KCooper Glassware, Inc. d/b/a Raptor Packaging and its affiliates (“Raptor Packaging”) and is an agreement between you or the business you represent and Raptor Packaging. BY REGISTERING FOR OR USING THE MARKETPLACE, YOU, ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT, AGREE TO BE BOUND BY THESE TERMS.

These Raptor Packaging Terms of Use (these “Terms”) contain the conditions that govern your access to and use of the rigid packaging marketplace (the “Marketplace”) provided by KCooper Glassware, Inc. d/b/a Raptor Packaging and its affiliates (“Raptor Packaging”) and is an agreement between you or the business you represent and Raptor Packaging.

BY REGISTERING FOR OR USING THE MARKETPLACE, YOU, ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT, AGREE TO BE BOUND BY THESE TERMS.

1. THE MARKETPLACE.

Use of the Marketplace is limited to parties that can lawfully enter into and form contracts under applicable law. We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Marketplace, including by redesigning, modifying, removing, or restricting access. Any guidance we provide to you as part of the Marketplace, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We have no control over and does not guarantee: (a) the existence, quality, safety or legality of items advertised; (b) the truth or accuracy of users' content or listings; (c) the ability of sellers to sell items; (d) the ability of buyers to pay for items; or (e) that a buyer or seller will actually complete a transaction or return an item.

2. PROHIBITED USES OF THE MARKETPLACE.

At all times while using the Marketplace, you must never: (a) distribute spam, unsolicited electronic communications, chain letters, or viruses or other technologies harmful to us or to Marketplace users; (b) use any data gathering or extraction tools to access the Marketplace for any purpose; (c) interfere with the functionality of the Marketplace; (d) infringe the Intellectual Property Rights (as defined herein) that belong to or are licensed to Raptor Packaging; (e) commercialize any Raptor Packaging application, information, or software; or (f) harvest or otherwise collect information about Marketplace users without their consent.

3. LISTING AND BUYING CONDITIONS.

While most products available on the Marketplace are sold by third parties, our affiliates may also participate on the Marketplace. If you purchase products on the Marketplace, your purchase of all such products may be subject to additional third-party terms as made available by the seller of such products. You are responsible for reading the full item listing before making a purchase of products. We do not transfer legal ownership of items from sellers to buyers. We do not make any representations or warranties, and disclaim all liability, in connection with all products you purchase on the Marketplace.

In order to list any products intended for sale on the Marketplace (“Your Products”), you must: (a) adhere to all applicable laws and Raptor Packaging policies; (b) never list products that may cause harm to our customers; and (c) never engage in any misleading, inappropriate, or offensive behavior. You are solely responsible for the accuracy and content of all listings you post to the Marketplace. Raptor Packaging reserves the right to remove your products from the Marketplace at any time without notice to you if, in our sole discretion, we believe you are violating or are likely to violate any part of this Section 3.

4. RETURNS AND CANCELLATIONS.

Raptor Packaging does not facilitate returns or cancellations of any products or orders; any such return or cancellation is at the sole discretion and risk of the parties to each Marketplace transaction. The Marketplace provides an optional mechanism by which sellers of products may issue return authorizations within 30 days of the buyer’s receipt of such products. In the event that a seller issues a return authorization, we will reimburse the buyer (pursuant to the payment methods set forth in Section 5) for the full amount of what the buyer paid for the affected product(s) within thirty (30) days after the return authorization is issued. 

5. FEES AND PAYMENT.

Unless we provided you with an Enrollment Form that contains pricing terms, fee details are posted to the Marketplace. All fees are subject to change at any time upon 180 days’ notice to you. You are responsible for all of your expenses incurred in connection with this Agreement and your use of the Marketplace. To use the Marketplace, you must provide us with valid, current credit card information from a credit card acceptable to Raptor Packaging ("Your Credit Card") or Raptor Packaging must approve a credit application. You will update all payment information you provide to us in connection with the Marketplace as necessary to ensure that it at all times remains accurate, complete, and valid. You hereby authorize us to verify your information to obtain credit reports about you, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card for any sums payable by you to us within thirty (30) days from the date such sums become payable. Sellers of products will be paid on a per-transaction basis within thirty (30) days from shipment to buyers, and all payments will be remitted to you through a banking network or by other means specified by us. All payments to you are subject to the pricing structure set forth on your Enrollment Form or on the Marketplace, if you did not sign an Enrollment Form. If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to us or to third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks persist.

For any amounts that we determine you owe us, we may do any or all of the following: (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; and (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, then we may in our sole discretion permanently withhold any payments to you.

6. TERM AND TERMINATION.

These Terms will become effective on the date on which you register for or use the Marketplace and will continue until terminated by us or you as provided in this Agreement (the “Term”). We may terminate or suspend this Agreement or your use of the Marketplace for any reason at any time immediately upon notice to you. You may terminate this Agreement for any reason at any time upon at least thirty (30) days’ notice to Raptor Packaging. Upon termination, all rights and obligations of the parties under this Agreement will terminate, including your use of the Marketplace, except that Sections 4, 5, 6, 7, 8, 9, 11, 13, 15, 16, 17, and 21 will survive termination.

7. LICENSE.

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all technology, trademarks, content, product information, data, materials, and other items or information provided or made available by you to us (“Your Materials”) and to sublicense the foregoing rights to our affiliates; provided, however, that we will not alter any of your trademarks from the form provided by you and will comply with your reasonable removal requests as to specific uses of your trademarks. Nothing in these Terms will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you under applicable law.

8. YOUR REPRESENTATIONS.

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the state or country in which your business is registered; (b) you have all requisite right, power, and authority to enter into these Terms, perform your obligations, and grant the rights, licenses, and authorizations in these Terms; (c) any information provided or made available by you to Raptor Packaging is at all times accurate and complete; (d) you and your financial institutions are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party; and (e) you and all of your subcontractors, agents, and suppliers will comply with all applicable laws in your use of the Marketplace, your performance of your obligations under these Terms, and your exercise of your rights under these Terms.

9. INDEMNIFICATION.

You release us and agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability arising from or related to: (a) your actual or alleged breach of any obligations in these Terms; (b) any products you post to the Marketplace, Your Materials, any actual or alleged infringement of any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right (“Intellectual Property Rights”) by either of the foregoing, and any personal injury, death, or property damage related thereto; (c) any personnel or third party used in the offer, sale, performance, or fulfillment of Your Products; or (d) all taxes, charges, and duties assessed, incurred, or required to be paid in connection with any of Your Products.

10. DISCLAIMER AND GENERAL RELEASE.

THE MARKETPLACE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE MARKETPLACE, ARE PROVIDED “AS-IS.” YOU USE THE MARKETPLACE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL ANY EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THESE TERMS, THE MARKETPLACE, OR THE TRANSACTIONS CONTEMPLATED BY THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MARKETPLACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS. BECAUSE WE ARE NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES RAPTOR PACKAGING AND ITS AGENTS AND EMPLOYEES FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

11. LIMITATION OF LIABILITY.

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF RAPTOR PACKAGING HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR 90-DAY PERIOD PAID BY YOU TO RAPTOR PACKAGING IN CONNECTION WITH THE EVENT GIVING RISE TO THE CLAIM.

12. TAX MATTERS.

As between the parties, you will be responsible for the collection, reporting, and payment of any and all taxes, except to the extent that we automatically calculate, collect, or remit taxes on your behalf according to applicable law. All fees and payments payable by you to Raptor Packaging under these Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying us any taxes imposed on such fees and any deduction or withholding required on any payment.

13. CONFIDENTIALITY.

During the course of your use of the Marketplace, you may receive information relating to us or to the Marketplace, including but not limited to Raptor Packaging Information, that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain our exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Marketplace; (c) you will not otherwise disclose Confidential Information to any other person or entity; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You may not issue any press release or make any public statement related to the Marketplace, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

14. FORCE MAJEURE.

We will not be liable for any delay or failure to perform any of our obligations under these Terms by reasons, events, or any other matters beyond our reasonable control.

15. RELATIONSHIP OF PARTIES.

You and Raptor Packaging are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These Terms do not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of Raptor Packaging and you. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

16. USE OF RAPTOR PACKAGING MARKS AND INFORMATION.

You will not, and will cause your affiliates not to, directly or indirectly: (a) disclose any data or information acquired by you from us, our affiliates, or otherwise as a result of these Terms, your use of the Marketplace, or the transactions contemplated herein (collectively “Raptor Packaging Information”) except solely as necessary for you to perform your obligations under these Terms; (b) use any Raptor Packaging Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with applicable law; (c) contact a person that has ordered Your Products with the intent to collect any amounts in connection therewith or to influence that person to make an alternative transaction; or (d) disparage us, our affiliates, or any of their or our respective products or services or any customer. In addition, you may only use tools and methods that we designate to communicate with Marketplace users, including for the purpose of scheduling, communicating, or cancelling the fulfillment of Your Products. The terms of this Section 15 do not prevent you from using other information that you acquire without reference to Raptor Packaging Information for any purpose, even if that information is identical to Raptor Packaging Information, provided that you do not target communications on the basis of the intended recipient being a Marketplace user.The name “Raptor Packaging” and other Raptor Packaging marks, logos, designs, and phrases that we use in connection with the Marketplace are our trademarks, service marks, or trade dress and are our sole and exclusive property. They may not be used without our express prior written consent.

17. SUGGESTIONS AND OTHER INFORMATION.

If you or any of your affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Marketplace, we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.

18. MODIFICATION.

We may amend any of these Terms at any time and at our sole discretion. Any changes will be effective upon the posting of such changes on the applicable Raptor Packaging website, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. You should refer to our website to review the current Terms and to be sure that the items you offer can be offered via the Marketplace. YOUR CONTINUED USE OF THE MARKETPLACE AFTER RAPTOR PACKAGING’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

19. PASSWORD SECURITY.

You are solely responsible for maintaining the security of the password you use to access the Marketplace. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

20. EXPORT.

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

21. MISCELLANEOUS.

These Terms shall be governed by the laws of the State of Colorado, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. All disputes arising under these Terms shall be settled by the state and federal courts located in the State of Colorado.You may not assign these Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of these Terms will not constitute a waiver of our right to enforce such provision or any other provision of these Terms.We will send all notices and other communications regarding these Terms to you at the e-mail addresses you have on file with us. You may designate or change your e-mail address and certain other information upon written notice to us. You will ensure that all of your information is up to date and accurate at all times. You must send all notices and other communications relating to Raptor Packaging by commercial overnight courier with written verification of delivery to the following address: Raptor Packaging, Attn: Kathi Dempsey, 12150 E. Briarwood Ave, Suite 103, Centennial, CO 80112. All notices given in accordance with this Section 21 will be deemed received upon the date of receipt if by electronic delivery or two (2) days after dispatch for courier deliveries.