Terms of service

Terms & Conditions

This is an agreement between you and Chapin International, Inc. and its affiliates including without limitation Chapin Outfitters, LLC, Heath Outdoor Products, Inc. and Chapin Custom Molding, Inc. (collectively, “Chapin”), and relates to your use of any of the Chapin company websites, including without limitation chapinmfg.com, chapinportal.com, hydrofeed.com, chapincustommolding.com, heathoutdoorproducts.com, heathmfg.com, and mixesonexit.com (collectively, the “Websites”). The Websites are comprised of various web pages operated by Chapin. The Websites are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms of Use”). Your use of the Websites constitutes your agreement to all such terms, conditions and notices. You further accept and agree to be bound and abide by our privacy policy (the “Privacy Policy”), which is incorporated herein by reference. Links to the Privacy Policy can be found on each of the Websites. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

Modification of these Terms of Use

Chapin reserves the right to change the Terms of Use under which the Websites are offered, including but not limited to any changes associated with your use of the Websites. We encourage you to periodically review these Terms of Use for any updates.

Conditions of Sale and Payment

To purchase any goods through the Websites, you must be at least eighteen (18) years of age or the applicable age of majority of the jurisdiction in which you reside. Prior to the purchase of any goods through the Websites, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to Chapin, you hereby agree that you authorize us to charge your card at Chapin’s convenience but within thirty (30) days of credit card authorization. All sales of products are final. All charges from those sales are nonrefundable.

All payments must be made by credit cards (VISA, MasterCard, American Express and Discover Network), debit cards, or other payment method specified by Chapin in its sole discretion. Your credit card will be authorized for the entire order amount immediately upon your placement of the order. You hereby authorize Chapin to charge your credit card accounts for any amount that you may owe to Chapin. In addition, Chapin may also set off any amounts that you owe to Chapin against any amounts owed to you by Chapin.

Product Shipping & Return Policies

The Chapin Return Policy can be found at https://chapinmfg.com/Shipping-Support/Return- Policy. The Chapin Shipping Policy can be found at https://chapinmfg.com/Shipping-Support/Shipping-Policy. The Return Policy and the Shipping Policy are each incorporated into these Terms of Use by reference.

Links to affiliated Websites

The Websites may contain links to other sites controlled or operated by Chapin. For example, if you attempt to fill out a contact form on one of the several Chapin Websites, you may be directed to chapinportal.com for this form submission. Similarly, if you attempt to purchase a product on hydrofeed.com, you may be directed to a shopping cart on chapinmfg.com to complete your order. Chapin has generally work to make the Terms of Use and Privacy Policies consistent between the Websites, but please be advised that the Terms of Use and Privacy Policies on one Chapin Website could differ from those at another Chapin Website.

Links to third party sites

The Websites may contain links to other websites controlled or operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Chapin and Chapin is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, any changes or updates to a Linked Site, or any other form of transmission received from any Linked Site. Chapin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chapin of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the Websites you warrant to Chapin that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

Use of communication services

The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
Conduct or forward surveys, contests, pyramid schemes or chain letters
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
Restrict or inhibit any other user from using and enjoying the Communication Services
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service
Harvest or otherwise collect information about others, including e-mail addresses, without their consent
Violate any applicable laws or regulations

Chapin has no obligation to monitor the Communication Services. However, Chapin reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Chapin reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Chapin reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Chapin’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Chapin does not control or endorse the content, messages or information found in any Communication Service and, therefore, Chapin specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Chapin spokespersons, and their views do not necessarily reflect those of Chapin. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to Chapin or posted on the Websites are owned by you, and Chapin does not claim ownership of the materials you provide. This includes any feedback and suggestions that you post, upload, input or submit to the Websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Chapin, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Chapin is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Chapin’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Excusable Delay

Chapin shall not be liable to you for delays or defaults in the delivery of any goods due to acts of God or public enemies, war or military activity, riots, insurrection or sabotage, fires, floods, explosions or other catastrophes, unusually severe weather accidents, epidemics or quarantine restrictions, acts of local, state, provincial or national governments or public agencies, labor disputes or shortages, energy or material shortages, utility or communication failures or delays, delays of a supplier of Chapin, failure of you to make purchase price payments in a timely manner, or any other causes beyond the reasonable control and without the fault or negligence of Chapin. In the event of any such excusable delay, any agreed to dates for delivery shall be deferred for a period equal to the time lost by such reason of such excusable delay.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHAPIN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CHAPIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHAPIN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAPIN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHAPIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

Indemnification

To the fullest extent permitted by law, and except to the extent arising from Chapin’s recklessness, gross negligence or intentional misconduct, you agree to indemnify, defend, and hold Chapin and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Chapin and/or the Websites; (b) any fraud, manipulation or other breach of these Terms of Use by you; (c) any third party claim, action or allegation brought against Chapin arising out of or relating to a dispute with you relating to your purchase, sale or use of any Chapin goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Websites or the use of your account information by any third party who obtained access to that information through no fault of Chapin. Chapin reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Chapin in asserting any available defenses. You shall not settle any action or claims on Chapin’s behalf without Chapin’s prior written consent.

Contact Information

Contact Chapin customer service at 1(440) 458-6550.

Chapin International, Inc.

700 Ellicott Street

Batavia, NY 14021-0549

Termination / Access Restriction

Chapin reserves the right, in its sole discretion, to terminate your access to the Websites and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Erie County, New York, U.S.A. in all disputes arising out of or relating to these Terms of Use or your use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chapin as a result of your agreement to these Terms of Use or your use of the Websites. Chapin’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Chapin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Chapin with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Chapin with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Chapin with respect to the Websites. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

Copyrights and Trademarks

All contents of the Websites are: Copyright © 2018 Chapin International, Inc. and/or its affiliates and suppliers. All rights not expressly granted herein are reserved. All content included as part of the Websites, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Websites, is the property of Chapin or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Websites. Website content is not for resale. Your use of the Websites does not entitle you to make any unauthorized use of any protected content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Website content. You agree that you do not acquire any ownership rights in any protected content. You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites strictly in accordance with these Terms of Use.

International Users

The Websites are controlled, operated and administered by Chapin from its offices within the USA. If you access the Websites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Websites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Arbitration

YOU AND CHAPIN AGREE THAT, AT THE REQUEST OF EITHER YOU OR CHAPIN, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH ARBITRATION SHALL BE THE PARTIES’ SOLE AND EXCLUSIVE REMEDY. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU ARE WAIVING THE RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE.

The arbitration will be administered by the American Arbitration Association under its then current Commercial Arbitration Rules. The arbitrator shall not have the authority to join or combine the claims of more than one person or to hear or decide any class, collective or representative action of any kind against Chapin or you. The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction. The arbitration shall take place in Buffalo, New York. You and Chapin shall pay their own filing and legal fees and other expenses, unless provided otherwise by law. The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. This provision shall survive any termination of these Terms of Use.

Waiver of Right to Jury Trial

YOU AND CHAPIN WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE OR CLAIM BETWEEN YOU AND CHAPIN THAT PROCEEDS IN COURT, WHETHER OR NOT ARISING FROM OR RELATED TO THESE TERMS OF USE, AND AGREE THAT THE DISPUTE OR CLAIM WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This provision shall survive any termination of these Terms of Use.

Waiver of Class, Collective and Representative Actions

YOU AND CHAPIN WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THESE TERMS OF USE. This provision shall survive any termination of these Terms of Use.