Terms of Use
Effective Date: January 26, 2021
TABLE OF CONTENTS
1. INTRODUCTION
This website (the “Website”) is an online information and communication service provided by Graham Packaging Company, L.P. (“Graham Packaging”). Please read these Terms of Use carefully before using this Website. By using this Website, you signify your agreement with these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.
2. CHANGES TO TERMS OF USE
Graham Packaging® reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this Website after we have posted such modifications, alterations or updates, you agree to be bound by the revised terms. Graham Packaging™ retains the right to deny access to anyone at its complete and sole discretion for any reason including for violation of any of these Terms of Use.
3. PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY
All materials on this Website, including, but not limited to, text, images, illustrations, video clips and audio clips (if any are added), are protected by copyrights, trademarks and other intellectual property rights that are owned, controlled or licensed by Graham Packaging or its affiliates. All other trademarks, logos, copyrights or intellectual property not owned, controlled or licensed by Graham Packaging or its affiliates are the property of third parties whose intellectual property is protected by United States or international IP laws. From time to time, this Website may utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Graham Packaging’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the Website.
4. LINKS
Should any link to any external website be contained on this Website, such links are for your convenience only, and you access them at your own risk. Graham Packaging is not responsible for, and does not endorse, the content of the sites to which the links point, whether or not Graham Packaging is affiliated with sponsors of such sites.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
The materials on Graham Packaging’s Website are provided “as is” and without warranties of any kind either express or implied. Graham Packaging disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Graham Packaging nor any affiliated or related entities, nor any person involved in the creation, production and distribution of Graham Packaging’s Website warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that Graham Packaging or the server that makes them available are free of viruses or other harmful components. The material that you read on Graham Packaging’s Website is provided solely for educational purposes. Graham Packaging does not warrant or make any representations regarding the use or the results of the use of the information contained in the Website in terms of their correctness, accuracy, reliability or otherwise.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, GRAHAM PACKAGING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK, UNDER NO CIRCUMSTANCES SHALL GRAHAM PACKAGING BE LIABLE FOR ANY DIRECT, INIDRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER WEBSITE LINKED TO THIS WEBSITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS WEBSITE) EVEN IF GRAHAM PACKAGING, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
6. PRIVACY
Graham Packaging is respectful about the privacy concerns of the visitors to its Website. Graham Packaging’s Privacy Policy is expressly incorporated herein by reference and made a part of these Terms of Use.
7. NOT AN OFFER TO SELL OR SOLICITATION OF OFFER TO BUY SECURITIES
This Website and the materials contained herein are neither an offer to sell nor a solicitation of an offer to buy any security in any state or jurisdiction.
8. DATED MATERIAL DISCLAIMER
The passage of time can render information contained in, or linked to, this Website stale. Graham Packaging is not responsible for any misimpressions which may result from the reading of dated material. Viewers should consider the dates of issuance of all items and information contained in, or linked to, this Website. Graham Packaging does not undertake any duty to update, to supplement, to correct, to comment upon or to modify any information contained in the Website or any website to which it is linked, if any.
9. CAUTION CONCERNING FORWARD-LOOKING STATEMENTS
The U.S. Securities and Exchange Commission encourages companies to disclose forward-looking information so that investors can better understand a company’s future prospects and make informed investment decisions. Graham Packaging’s Website contains such “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, particularly statements regarding its mission, its CEO’s Vision, its position as a leader in new technology and ongoing investments to handle recycled materials, customized package manufacturing, production of custom blow-molded plastic containers; household and personal care packaging; customer plastic packaging; innovative operational arrangements; and plastic Bottles-to-Bottles recycling; its ability to serve its customers, and its use of state-of-the-art technology. Words such as “anticipate,” “estimate,” “expects,” “projects,” “intends,” “plans,” “believes” and words and terms of similar substance used in connection with any discussion of future operating or financial performance identify such forward-looking statements. Those forward-looking statements are management’s present expectations of future events. As with any projection or forecast, they are inherently susceptible to uncertainty and changes in circumstances, and the Company is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of such changes, new information, future events or otherwise.
Graham Packaging operates in highly competitive, consumer driven and rapidly changing custom blow-molded plastic containers businesses that are dependent on economic, political and social conditions in the countries in which they operate, customer demand for its products and services, and technological developments. Graham Packaging’s actual results could differ materially from management’s expectations because of changes in such factors. Some of the other factors that also could cause actual results to differ from those contained in the forward-looking statements include those identified in Graham Packaging’s filings with the Securities and Exchange Commission. In addition, Graham Packaging’s overall strategy, including its financial strategy, its growth in operations, the maintenance of its financial ratios and the like could be adversely affected by increased interest rates, failure to meet earnings expectations, significant acquisitions or other transactions, consequences of the euro conversion and changes in Graham Packaging’s plans, strategies and intentions.
10. CONTACT INFORMATION
This Website is controlled and operated by Graham Packaging Company, L.P., 700 Indian Springs Drive, Suite 100, Lancaster, Pennsylvania 17601. All feedback, comments, requests for technical support and other communications relating to the Website should be directed via email to gpcmarketing@grahampackaging.com or by phone at 717-849-8500.