TERMS OF SERVICE
Web Site Use & Access Agreement
READ CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE
Trademarks and Copyrights
All content appearing on the Web Site, including but not limited to names, symbols, logos, designs, graphics, images, and marks (the “Materials”), except as otherwise noted, are trademarks and intellectual property owned or used under license by Capsicum Group or its affiliates in the various countries where Capsicum Group markets products or services bearing such trademarks. The use of these trademarks and intellectual property or any other Materials on the Web Site is prohibited.
The Web Site is owned and operated by Capsicum Group. Modification of any Materials from the Web Site or use for any other purpose is a violation of Capsicum Group’s copyright and other proprietary rights. Use of any Materials from the Web Site on any other web site or computer environment is prohibited.
Materials from the Web Site or any web site owned, operated, licensed or controlled by Capsicum Group, LLC may not be copied, reproduced, republished, uploaded, posted, displayed, transferred, modified, transmitted, or distributed in any manner. Technically, accessing the Web Site constitutes downloading of software (“Software”). Capsicum Group grants You a limited, non-exclusive, nontransferable license to use the Software for personal, non-commercial purposes only subject to this agreement. Capsicum Group retains full and complete title to the Software and all intellectual property rights therein. Capsicum Group prohibits the redistribution, sale, decompilation or disassembly of the Software.
Linked Web Sites
Capsicum Group is responsible only for the content of the Web Site and web sites that are owned or maintained by Capsicum Group or one of its affiliates. Because another, third-party web site is linked to the Web Site does not imply that: (a) Capsicum Group sponsors, licenses, endorses, is affiliated with or is otherwise connected to the web site, the products or services described therein or its owner, or (b) Capsicum Group has authorized the linked web site to use any trademark, trade name, logo or other trademarked or copyrighted Materials of Capsicum Group.
INFORMATION CONTAINED IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAPSICUM GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPSICUM GROUP DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIALS THROUGH THE USE OF THE WEBSITE OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, CAPSICUM GROUP IS NOT RESPONSIBLE FOR THOSE COSTS.
Limitation of Liability
Under no circumstances shall Capsicum Group or a Capsicum Group authorized representative be held liable for any damages whatsoever, including, without limitation, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from Your use, misuse, and/or reliance on the information or Materials available on the Web Site, including, without limitation, damages You may incur because of third-party services or other services or goods received, such as third-party services or goods linked to the Web Site. This Limitation of Liability shall apply to prevent recovery of direct, special, incidental, consequential, punitive or exemplary or other damages arising from any claim relating to this agreement or the subject matter hereof, whether such claim is based on contract, tort (including negligence), or otherwise any other legal theory even if Capsicum Group or a Capsicum Group authorized representative has been advised of the possibility of such damages.
The Web Site is operated by Capsicum Group from within the United States of America. This agreement and all claims related to it, its execution, or the performance of the parties under them, shall be governed by and enforced in accordance with the laws of the Commonwealth of Pennsylvania. If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.
Except as provided by any other written agreement signed by Capsicum Group, this agreement constitutes the entire agreement between You and Capsicum Group with respect to the subject matter herein and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.