Welcome to our Web
site. By using our site, you are agreeing to comply with and be
terms carefully. If you do not agree to these terms, you should
not use this site. The term “ChemOutsourcing” or “us”
or “we” or “our” refers to Apaporis L.L.C.,
the owner of the Web site. The term “you” refers to
the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you
of any such matters or any part of the Site, except as allowed
by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks.
"chemoutsourcing.com" and others are our service marks
or registered service marks or trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part
of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for
the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us or
any third parties; (e) remove, change or obscure any copyright
the Site; (f) make any portion of the Site available through any
timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software or
use any network monitoring or discovery software to determine
the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for the
purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid
or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of
the export control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents
are provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to
a particular situation. Some Documents are public domain forms
or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is
not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site
does not engage in illegal or pornographic activities, and (c)
you discontinue providing links to the Site immediately upon request
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s
Certain sections of, or offerings from, the Site may require you
to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each
registration is for your personal use only and not on behalf of
any other person or entity. We do not permit (a) any other person
using the registered sections under your name; or (b) access through
a single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content
on the Site. You understand that the information and opinions
in the third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily reflect
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH
“ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE,
EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any
way from (a) any errors in or omissions from the Site or any services
or products obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, (c) your use of the Site,
(d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or
commitments on behalf of the other.
on this link.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you
supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends," "will"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
c. A description of where the material that you claim is infringing
is located on the Site;
d. Your address, telephone number, and email address;
e. 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
f. 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 the copyright owner's
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at firstname.lastname@example.org
26. Information and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly
from us, we will refund you your purchase price within 30 days
of you notifying us in writing of your desire for the refund,
together with the reason for the request. You may request a refund
by contacting us by email at email@example.com.
You may obtain any additional information concerning our refund
and return policy, including our mailing address, by contacting
us at firstname.lastname@example.org.
This Agreement shall be treated as though it were executed and
performed in San Francisco, California, and shall be governed
by and construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against any party. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our
sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction
relating to, Site operations, intellectual property, and our services,
shall be settled solely by binding arbitration in accordance with
the commercial arbitration rules of JAMS. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in San
Francisco, California, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either
you or us may seek any interim or preliminary relief from a court
of competent jurisdiction in San Francisco, California necessary
to protect the rights or property of you and us pending the completion
of arbitration. Each party shall bear one-half of the arbitration
fees and costs incurred through JAMS.