LEGAL NOTICE—TERMS OF USE

CAPSYS Technologies, LLC (“CAPSYS”) maintains www.capsystech.com (the “Website”) for your personal information. Subject to the following terms and conditions, CAPSYS grants you permission to view this Website for your personal, non-commercial, use only. If you breach any of the following terms or conditions, your authorization to use this Website automatically terminates and you must immediately destroy any and all downloaded or printed materials. By accessing and using the Website, you accept the following terms and conditions without limitation or qualification, and acknowledge that any other agreements you may have with CAPSYS are superseded by these terms and conditions, to the extent any conflict exists.

Changes to the Terms and Conditions
CAPSYS may change these terms and conditions of use at any time, without prior notice. If you access or use the Website after CAPSYS posts a change, you accept that change. You should check these terms and conditions of use periodically.

Copyright Notice
All content included on this Website, including all text, graphics, logos, and software, is the property of CAPSYS or its respective copyright owners and is protected to the full extent of U.S. and international copyright laws. All software, content, and the compilation of components of this Website are the property of CAPSYS and are protected by all applicable U.S. and international copyright laws. The Website and its content may only be used as permitted by CAPSYS as indicated in these terms and conditions. All other uses, including reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited.

Trademark Notice
CAPSYS Technologies, LLC, CAPSYS Capture, and the CAPSYS logo are either trademarks or registered trademarks of CAPSYS Technologies, LLC. All other trademarks referenced are the properties of their respective owners. These trademarks may not be used in any way, except by the express written permission of CAPSYS. Unauthorized use of the Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Linking to the CAPSYS Website
Subject to the conditions listed below, CAPSYS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website (www.capsysech.com) so long as the link does not portray CAPSYS or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the CAPSYS logo, CAPSYS trademark, or CAPSYS’s name or trademarks, or other proprietary graphic in the link without the prior written permission of CAPSYS.

Sites that wish to link to the CAPSYS Website:

  • Must secure permission from the CAPSYS Webmaster before posting links to any page on the CAPSYS Website from a public site.
  • May not use the CAPSYS logo without permission from CAPSYS.
  • May link to, but not replicate, CAPSYS content.
  • Should not create a browser or border environment around CAPSYS content.
  • Should not imply that CAPSYS is endorsing it or its products.
  • Should not misrepresent its relationship with CAPSYS.
  • Should not present false information about CAPSYS products or services.
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Restrictions on Use of the Website
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without CAPSYS’ prior written permission.

The following activities are also expressly prohibited without CAPSYS’ prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; “mirroring” the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning properly.

Posting and Transmitting to the Website
Except for information that is subject to the CAPSYS Privacy Policy, CAPSYS will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to CAPSYS through the Website (by transmitting, posting, or otherwise), you agree that CAPSYS may use that information in any way, for any purpose, including CAPSYS’ own commercial purposes, subject only to the CAPSYS Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. CAPSYS reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

Content and Disclaimer of Warranty
CAPSYS has made every effort to present the content on the Website accurately, but additions, deletions and changes may occur. CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND “AS PRESENTED”; NEITHER CAPSYS NOR ITS REPRESENTATIVES MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT.

CAPSYS AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CAPSYS OR ITS AFFILIATES HAVE ANY LIABILITY WITH RESPECT TO ANY CLAIMS OR DAMAGES (WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) AS A RESULT OF YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THIS WEBSITE OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THIS WEBSITE AT YOUR OWN RISK.

Links to Third-Party Websites
Links maintained on this Website to external web sites are provided as a matter of convenience. If you use these links, you may leave this Website. CAPSYS has not reviewed these third party sites in detail, and is not responsible for any of these sites or their content. If you access any of the third party sites linked to this Website, you do this entirely at your own risk.

For Use in the United States
This Website is controlled and operated by CAPSYS from its offices within the United States. CAPSYS does not represent that the Website is appropriate or available for use elsewhere; access to the Website from locations where its contents are illegal is not authorized. If you access this Website from outside the United States, you do so on your own initiative and at your own risk.

Applicable Law; Forum Selection
The foregoing terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflicts of law provisions. You hereby submit, through your use of the Website, to the exclusive jurisdiction of the courts of the County of DuPage, State of Illinois and of any federal courts located within the Northern District, Eastern Division of the State of Illinois for purposes of any and all litigation arising out of the use of this Website, or the purchase of any goods or services made through this Website. You further waive any objection to the forum for lack of venue, forum non convenience, or any other jurisdictional ground.

Privacy
Please review the CAPSYS Privacy Policy, which also governs your visit to this Website.


TERMS AND CONDITIONS FOR SALE OF PRODUCTS AND SERVICES

Introduction

By using this Website for purchasing services or products using CAPSYS CAPTURE or any web-based application, you (“you” or “Customer”) have consented to the following terms and conditions which shall apply to all products and services acquired from CAPSYS (hereinafter this “Agreement”):


Any additional or different terms or conditions in any form delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products, statement of work or other CAPSYS documentation to provide product or perform or procure any services, Customer agrees to be bound by and accepts these terms and conditions unless Customer and CAPSYS have signed a separate agreement, in which case the separate agreement will govern.


CAPSYS is not responsible for manufacturer availability of products or typographical errors. Brand names and product names are trademarks or registered trademarks of their respective companies. All product specifications and order numbers are subject to change without notice. Every effort has been made to ensure the accuracy of all product descriptions and specifications. CAPSYS makes no warranty expressed or implied with respect to the accuracy of the information including price product editorials or product descriptions or specifications. Product and manufacturer names are used only for the purpose of identification. Illustrations are for presentation purposes only and may be different from the actual product.


Shipping, handling, and insurance (if applicable) are additional charges that will be added to the total order. If any specific shipping methods are desired please make this request at the time of placing the initial order. Damages occasionally occur during transit. Freight carriers are liable for damages only when the damages are indicated on the Bill of Lading prior to signature of receipt of goods. Therefore you are required to inspect all packages prior to accepting delivery of goods.


Limited Warranty
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” CAPSYS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PERFORMANCE OF ANY OF SAID PRODUCTS AND SERVICES, NOR IS ANY PERSON AUTHORIZED TO ASSUME ANY LIABILITY OR MAKE ANY PROMISE OR OFFER IN CONFLICT WITH THE FOREGOING IN CONNECTION WITH THE SALE OF THESE PRODUCTS OR SERVICES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. CAPSYS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CLAIMED TO HAVE RESULTED FROM THE USE, OPERATION, SERVICING ON, OR PERFORMANCE OF THESE PRODUCTS OR SERVICES REGARDLESS OF THE FORM OF ACTION.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF CAPSYS TO ANY PERSON OR ENTITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY SALE, SERVICING, LICENSE, USE, OR OTHER EMPLOYMENT OF ANY OF THE PRODUCTS OR SERVICES DELIVERED HEREUNDER WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, OR OTHERWISE SHALL IN NO CASE EXCEED THE ACTUAL AMOUNT PAID TO CAPSYS HEREUNDER FOR THE SPECIFIC PRODUCT OR SERVICE THAT CAUSED THE DAMAGES. IN NO EVENT SHALL CAPSYS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FROM ANY DAMAGE RESULTING FROM LOSS OF DATA OR PROFITS. IN NO EVENT WILL CAPSYS BE LIABLE FOR DAMAGES CAUSED BY CUSTOMER’S NEGLIGENCE OR FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF CAPSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PARTY.

SOME STATES HAVE LAWS WHICH REQUIRE WARRANTY AND LIABILITY RIGHTS DIFFERENT FROM THOSE STATED HEREIN. IN SUCH STATES THE MINIMUM REQUIRED WARRANTY AND LIABILITY TERMS MAY APPLY.

CAPSYS CAPTURE
To the extent CAPSYS may be utilizing its proprietary CAPSYS CAPTURE software in connection with its performance under the terms of this Agreement, unless covered by a separate license agreement executed by the parties, Customer shall have no right, title or interest in or to the CAPSYS CAPTURE software, including but not limited to any additions, enhancements or modifications thereto regardless as to whether such additions. enhancements, or modifications were made specifically in connection with the services performed under this Agreement.

Payment
Orders are not binding upon CAPSYS until accepted by CAPSYS. Customer shall pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold CAPSYS harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, products, or services. In the event of a payment default, Customer will be responsible for all of CAPSYS’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, CAPSYS reserves the right to suspend services until payment is received.

Entire Agreement
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. No provision of this Agreement or any Statement of Work will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties.

Assignment
CAPSYS may assign or subcontract all or any portion of its rights or obligations with respect to the sale of products or the performance of services or assign the right to receive payments, without Customer’s consent. Customer may not assign any of its rights or obligations herein without the prior written consent of CAPSYS. Subject to the restrictions in assignment contained herein, these terms and conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns.

Notices
Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by U.S first-class mail or one (1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.

Limitation of Actions
No action, regardless of form, may be brought by either party more than one (1) year after the cause of action has arisen except in the case of any action for nonpayment by Customer which may be brought within five (5) years from the date the last payment was due.

Applicable Law; Forum Selection
The laws of the State of Illinois shall govern interpretation of this Agreement and the parties agree that any action arising out of the sale or service of any products shall be filed in DuPage County, Illinois.

Customer agrees that it will not divert, use, export or re-export any products envisioned by this Agreement contrary to United States law.

Copyright © 2010 by CAPSYS Technologies, LLC, an Illinois limited liability company. No part of this Website or its data can be copied or reproduced without written permission by CAPSYS, 6755 Earl Drive, Suite 207, Colorado Springs, CO 80918.



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