Disclaimer of Warranties
THIS SITE CONTAINS INFORMATION CONCERNING CHAPUL THAT MAY BE USEFUL TO OUR CUSTOMERS, EMPLOYEES, AND SHAREHOLDERS AS WELL AS TO THE GENERAL PUBLIC. HOWEVER, CHAPUL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. CHAPUL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. CHAPUL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL CHAPUL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF CHAPUL OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CHAPUL AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.
Forward Looking Statements
This site may from time to time contain certain forward-looking statements (as defined under Federal securities laws) regarding Chapul's performance, including future revenues, products and income, or events or developments that Chapul expects to occur or anticipates occurring in the future. All such statements are based upon current expectations of Chapul and involve a number of business risks and uncertainties. Actual results could vary materially from anticipated results described, implied or projected in any forward-looking statement. Factors that could cause actual results to vary materially from any forward-looking statement include, but are not limited to: competitive factors; pricing and market share pressures; uncertainties of litigation; Chapul's ability to achieve sales and earnings forecasts, which are based on sales volume and product mix assumptions, to achieve its cost savings objectives, and to achieve anticipated synergies and other cost savings in connection with acquisitions; changes in regional, national or foreign economic conditions; increases in energy costs: fluctuations in costs and availability or raw materials and in Chapul's ability to maintain favorable supplier arrangements and relationships; changes in interest or foreign currency exchange rates; delays in product introductions; and changes in health care or other governmental regulation, as well as other factors discussed in this Site in Chapul's filings with the Securities and Exchange Commission. We do not intend to update any forward-looking statements.
In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by Chapul, its affiliates, its and their directors, officers, employees, agents, investors or licensors. Chapul shall provide notice to you promptly of any such claim, suit, or proceeding. Chapul shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on Chapul without its prior written consent.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. Chapul reserves the right to alter or delete material from this Site at any time. This Site is controlled and operated by Chapul from its offices within the United States. Any claim relating to, and the use of, this Site are governed by the laws of the State of Utah, United States of America. By using this Site, you consent to personal jurisdiction in the federal and state courts located in Oakland County in the State of Utah, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.
This Agreement constitutes the entire agreement between you and Chapul with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.