Privacy Policy and 'Terms of Use'
(Rev. 113005)

Please read these terms and conditions carefully before any use of this site or the information contained herein.

By accessing or using this site, you agree to be bound by the terms and conditions set forth below. CAPAX may modify these terms and conditions at any time and such modification shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of such modifications and your continued access or use of this site shall be deemed your conclusive acceptance of the modified terms and conditions. In the case of any violation of these terms and conditions, CAPAX reserves the right to seek all remedies available at law and in equity. If you do not agree to comply with these terms and conditions, please do not use this site. By accessing this site, you agree to hold CAPAX harmless against any claims for any damages arising from any use of this site.

1. Privacy
CAPAX is committed to respecting your privacy. CAPAX will not, without your consent, convey Personal Information about you to other organizations. Personal Information is any information that is associated with your name. Personal Information is maintained within CAPAX in accordance with reasonable standards of confidentiality. CAPAX uses your information to better understand your needs and provide you better service.

2 . Content and Accuracy
THE INFORMATION PROVIDED AT THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CAPAX further does not warrant the accuracy, reliability or completeness of the information at this Site. Use of any information is at your own risk. CAPAX may make changes to the information provided at this Site, at any time without notice. The information provided at this Site may be out of date, or contain errors and CAPAX makes no commitment to update or correct the materials at this Site. Discussion or identification of products or services other than those provided by CAPAX is for informational purposes only and does not constitute a recommendation or endorsement for such other products or services.

3. Copyright/Trademark
The materials and data on this Site, including, but not limited to, the organization and layout of the Site itself, are the copyright property of CAPAX, ALL RIGHTS RESERVED. You may electronically copy and print hardcopy portions of this Site, but only for noncommercial, personal use provided the materials are not modified and all copyright or proprietary notices are retained. Any other use of materials in this Site without the prior written permission of CAPAX is strictly prohibited. The trademarks, logos and service marks displayed on this Site are the property of CAPAX or other third parties. They are registered and unregistered Trademarks. Users are not permitted to use these marks without the prior written consent of CAPAX. Nothing contained in this Site should be construed as granting any license or right to use any IMAGES, INFORMATION displayed on the Site without the express written permission of CAPAX.

4. Limitation of Liability
The use of this Site is at your own risk. IN NO EVENT SHALL CAPAX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS, SPECIAL DAMAGES, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, MATERIALS AND FUNCTIONS PROVIDED AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of liability for consequential or incidental damages so the foregoing limitation may not apply. In such states, CAPAX'S liability is limited to the greatest extent allowable by law. CAPAX assumes no responsibility and shall not be liable for any damages to or viruses that may affect your computer equipment or other property on account of your access to, use of or browsing in the Site or downloading of any materials or data from the Site. CAPAX makes no warranties that any materials or information provided on this Site shall be uninterrupted or error-free, or that this Site is free from viruses, worms or other harmful or destructive components or properties.

5. Hyperlinks
This Site may contain links to other sites. This Site may be accessed from other sites. CAPAX makes no representations or warranties, express or implied, regarding such other sites. CAPAX accepts and shall have no responsibility for such other sites or information contained thereon. CAPAX does not control such sites in any manner. You assume all risks in connection with use of such other sites and the information contained therein. CAPAX makes no endorsement or other approval of any sites or data thereon.

6. Forums
This Site may contain interactive forums, chat areas, bulletin boards, evaluation reports or e-mail communications (collectively "forums"). You agree not to distribute or publish on such forums any materials which are obscene, threatening, abusive, illegal, offensive, defamatory, libelous or otherwise objectionable or inappropriate in any manner. You further agree not to distribute or place any material on such forums containing any solicitations, promotions, advertising, chain letters, letters relating to pyramid schemes or other offers of goods or services. You agree not to interrupt or attempt to interrupt the operation of this Site in any way or change or modify any data contained on this Site. You agree that you will not post or transmit any message or data that would violate the intellectual property rights of any other party, including unauthorized copyright, taxes, trade secret or other confidential information. You agree you will not place any viruses, worms, trojan horses or other destructive devices in any of the forums or on this Site. You agree you will be solely liable for all information you may place on such forums. CAPAX will not monitor, edit or otherwise control the content of the information on the forums, but reserves the right to, in its sole discretion, edit and remove any material posted that is harmful, offensive or otherwise inappropriate. CAPAX makes no representations or warranties, express or implied, regarding any information or data in such forums. You agree that it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all advice, merchandise and other information on this Site.

7. Nonconfidentiality of Communications
Any communication, information and material you transmit or place on the Site will be deemed and treated as nonconfidential and nonproprietary information. Anything you transmit or post will become the property of CAPAX and can be used for any purpose. You automatically grant to CAPAX a royalty-free, worldwide, irrevocable, unrestricted and perpetual license to use, modify, publish, reproduce, transmit and distribute any information transmitted or posted by you. CAPAX is free to use any ideas, concepts, know-how or techniques contained in any communications for any purpose whatsoever. You agree you will have no recourse against CAPAX for any alleged or actual infringement of or any misappropriation of any property right in the data or information.

8. Indemnification
You agree to indemnify, defend and hold harmless CAPAX, its directors, officers, employees, affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys fees) related to any violation by you of these terms and conditions.

9. Disclosure; Forward Looking Statements
Some of the information on this Site may contain projections or other forward looking statements regarding future events or the future financial performance of CAPAX. We wish to caution you these statements are only predictions and that actual events or results may differ materially. Nothing in this Site constitutes investment advice.

10. Availability and Access
Some information, products or programs mentioned on the Site may not be available in your country or area. Please contact your local sales representative for information as to products and services available in your country or area.


11. Termination
CAPAX may change, suspend, terminate or discontinue any aspect of this Site at any time. CAPAX may also impose specific restrictions on your access to this Site or parts thereof or limit certain features of the Site without notice or liability.

12. Miscellaneous
This Site is controlled and operated from CAPAX offices within the State of California, United States of America. The terms governing use of this Site shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws provisions. You agree that any suit, action or proceeding relating to this Site and its contents shall be filed only in Los Angeles County, California and you hereby consent to submit to personal jurisdiction of such courts for any suits, actions or proceedings. If you choose to access this Site from other jurisdictions you do so at your initiative and are responsible for compliance with applicable laws. CAPAX is not responsible for any violation of such laws. Software and other materials from this Site may be subject to United States Export Control. You agree you will comply with all United States Export Control Laws, and all other laws, rules and regulations that may pertain to this Site or the information contained hereon. CAPAX does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws. These terms and conditions constitute the entire agreement between CAPAX and you with respect to any use of this Site. Any cause of action you may have with respect to use of this Site must be commenced within one year after the claim or cause of action arises. If any provision of these terms and conditions or a portion thereof is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible under law so as to effect the intent of the remainder of the terms and conditions and all other terms and conditions shall continue in full force and effect. CAPAX's failure to enforce or insist upon any performance or provision of these terms and conditions shall not be construed as a waiver of any such provision or right. CAPAX can assign its rights or duties under these terms and conditions to any party at any time without notice. Some of the provisions of this Agreement are for the benefit of CAPAX, its officers, directors, employees, agents, licensors, suppliers and affiliates. Each of those individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.