 |
READ THESE TERMS CAREFULLY BEFORE USING
THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. CAPSTONE AMERICA,
UPON YOUR ACCEPTANCE, PROVIDES THIS "SITE" AND RELATED SERVICES
SUBJECT TO THESE TERMS AND CONDITIONS. YOUR CLICKING ON THE BUTTON MARKED
'I ACCEPT' AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT
THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
1. GRANT OF RIGHTS
Capstone America grants you a non-exclusive, non-transferable, limited
right to access, use and display the information contained on the pages
of this web "Site" and the related services provided. This grant
is to you and your business, if any. However the use that is granted is
only to you or your business for internal purposes and is only to be used
to provide information and services to individuals within your business
who need to know for a valid purpose consistent with the terms and conditions
contained herein. In no event may the information or services provided
in connection with this web "Site" be used to provide any services
to third persons, used in any advertisement or promotion or in any business
or service that competes with Capstone America. Specifically nothing contained
within this web "Site" or the services related to this web "Site"
may be offered for sale or resale.
1. COPYRIGHT, TRADEMARK, TRADE SECRET AND RELATED INTELLECTUAL
PROPERTY
All pages within this internet "Site" are
the property of Capstone America and its affiliates. No portion of the
intellectual property, including copyrighted materials, trademarks, patents,
trade secrets or confidential materials may be used without the express
written permission of Capstone America. No license, beyond any limited
license specifically granted under the terms and conditions set forth
herein, is granted by the use and access to the web "Site" and
the services provided. "Capstone" and "Capstone America"
are trademarks of Capstone America. Any other trademarks on the web are
the property of their respective owners.
2. LIMITATIONS ON USE AND PROHIBITED USES
User agrees not to use the web "Site" in
a manner that is prohibited by any law or regulation, or to facilitate
the violation of any law or regulation. Prohibited activities include,
without limitation: a. invasion of privacy of third parties or impersonation
of Capstone America personnel or other users or affiliates; b. transmitting
any abusive, profane, libelous, slanderous, or threatening statements;
c. using the "Site" in any way to act as a server for you or
someone else, distribute spam, or communicate any material other than
information or material authorized by Capstone America; d. solicit any
other users; e. violate the security of the service by sending viruses
or other improper, damaging or malicious computer code or programs in
any form; f. damage, corrupt, gain unauthorized access to or use any data
or data base accessible from this web "Site" other than as permitted
under a written agreement with Capstone America.
3. LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
1. Due to the number of third party sources from which
information on the service is obtained, and the inherent hazards of electronic
distribution, there may be delays, omissions or inaccuracies in such information
and the service provided.
2. IN NO EVENT WILL CAPSTONE AMERICA, ITS AFFILIATES, AGENTS OR LICENSORS
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE ON THE INFORMATION CONTAINED IN THIS WEB "SITE"
OR ACQUIRED BY USE OF THIS WEB "SITE" OR FOR ANY CONSEQUENTIAL,
SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT THE LIABILITY OF CAPSTONE AMERICA, ITS AFFILIATES,
AGENTS, LICENSEES AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF CLAIM
(WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE
SERVICE OR THE INFORMATION IN THE SERVICE SHALL BE LIMITED TO THE ACTUAL
ECONOMIC DAMAGES INCURRED AND IN NO EVENT GREATER THAN THE AMOUNT YOU
PAID TO CAPSTONE AMERICA FOR USE OF THE SERVICE.
3. ARBITRATION, PURSUANT TO THE UNIFORM ARBITRATION ACT AS SET FORTH IN
COLORADO REVISED STATUTES, 13-22-201 ET SEQ, IS THE ONLY FORUM TO RESOLVE
AND DECIDE ON ANY DISPUTES WITH OR CLAIMS AGAINST CAPSTONE AMERICA OR
ITS AFFILIATES, AGENTS, LICENSEES OR LICENSORS, OF WHATEVER NATURE ARISING
FROM OR RELATED TO THE USE OF THIS WEB "SITE", THE SERVICES
OR THE INFORMATION CONTAINED OR ACCESSIBLE FROM THIS WEB "SITE".
YOU AGREE TO JURISDICTION AND ALL ABRITRATION PROCEDINGS BEING HELD IN
DENVER, COLORADO, USA. THE LAW OF COLORADO, EXCLUDING ANY CONFLICT OF
LAW PROVISIONS, SHALL APPLY TO ALL DISPUTES, INCLUDING THIS AGREEMENT,
AND IN ANY ARBITRATION THE RULES OF PROCEDURE APPLICABLE IN COLORADO STATE
DISTRICT COURTS SHALL APPLY. THERE SHALL BE NO RIGHT OF APPEAL AND THE
RULING OF THE ARBITRATOR SHALL BE FINAL, BINDING AND ENFORCEABLE IN ANY
COURT. THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL LEGAL EXPENSES,
INCLUDING ATTORNEYS' FEES AND COSTS, INCURRED IN CONNECTION WITH THE ARBITRATION
OR ANY OTHER JUDICIAL OR ENFORCEMENT PROCEEDING
4. THIS WEB "SITE" IS NOT INTENDED TO BE A SOURCE OF MEDICAL
ADVICE AND THE INFORMATION CONTAINED HEREIN OR THE SERVICES RELATED THERETO
ARE NOT CONSIDERED TO BE DIRECTED TOWARD AN INDIVIDUAL OR CONDITION. USERS
MUST CONSULT THEIR HEALTHCARE PROFESSIONAL IN RELATION TO THEIR SYMPTOMS
AND CONDITION.
MISCELLANEOUS
1. These General Terms and conditions may be changed
in the future. Changes shall be published on the web "Site"
and shall be effective immediately upon publication.
2. In the event of any breach by you of the duties contained in this agreement,
you shall indemnify and hold Capstone America harmless from any and all
direct or indirect damages, claims, losses, repairs, costs or expenses
, including without limitation those related required to restore data,
to recreate any data base or to repair functionality of the web "Site",
hardware, or its services, arising from your breach as well as any costs,
losses, expenses, settlements, or liabilities arising from any claims
or suits, including attorneys' fees and costs, incurred by Capstone America,
its affiliates, agents, licensees or licensors arising from any breach.
3. This agreement constitutes the entire agreement between you and Capstone
America with respect to the web "Site" and the information and
services accessible from or by this web "Site"
In the event any part of this agreement is held
to be unenforceable, the remaining parts shall be construed as nearly
as possible to reflect the original intention of the parties, and the
remainder of the provisions shall remain in full force and effect.
|
