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at this Site may be out of date, or contain errors and CAPAX makes no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.
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