Last updated: August 28, 2018
Children under the age of 13 are not permitted to use this Website. We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before viewing our Website. Capstone hereby disclaims all liability for use by individuals under the age of 17.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and Capstone applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything on the Website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Information on this Website does not Constitute Professional Advice
All data, information, text, graphics, links and other material on Capstone’s Website are provided as a convenience to our site visitors. It is for general informational and educational purposes only. Information provided here is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on the site does not constitute the provision or practice of medical, nursing or professional health care advice or services.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this site or other Websites linked to or from it.
Providing Information to Capstone
All access to this Website is voluntary and at the sole risk of the user. Capstone does not warrant the accuracy of any materials on the site or on any other sites linked to or from it. Whereas Capstone strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Capstone does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services or other materials provided through the Website. Capstone will not be liable for any decision made or action taken in reliance upon the information provided on the Website. Except for information, products or services clearly and specifically identified as being supplied or endorsed by Capstone, Capstone does not endorse any products or services appearing on this Website or other Websites linked to or from it.
BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CAPSTONE, AND ANY AFFILIATED CAPSTONE ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “CAPSTONE PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED CAPSTONE OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEBSITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE CAPSTONE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
This Website is owned and operated by Capstone. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website are either owned by Capstone, are licensed to it, or are used with permission. Capstone and its licensors retain and reserve all proprietary rights to the contents of this Website.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Capstone. You may link to, view, download, use, display and print a single copy of the materials found on this Website only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Capstone or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] Capstone Foundation. All rights reserved.” Any other use of the Website or the information contained here is strictly prohibited. Capstone may terminate the above license at any time for any reason. If you breach any of these Terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Website infringes a valid copyright owned by you, you (or your agent) may send Capstone a notice requesting that the material be removed, or access to it blocked. This request should be sent to the email address below with the subject line “DMCA Notice.”
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.
Jurisdiction and Venue
Information provided on Capstone’s Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. If you are a citizen of the European Union or the states of California or Vermont, do not use this Website.
This Website is a service provided by Capstone and does not constitute any contact with any jurisdiction outside the State of Arkansas. Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use this Website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Arkansas, United States of America. It is governed by and shall be construed under the laws of Arkansas, exclusive of any choice of law or conflict of laws provisions. Except as set forth in the Arbitration; Prohibition on Class Actions section below, in any claim or action directly or indirectly arising under this Agreement or related to the Website, each party irrevocably submits to the exclusive personal jurisdiction of the Arkansas State Circuit Court sitting in Pulaski County, Arkansas or of the United States Court for the Eastern District of Arkansas. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. This Website is intended for a United States audience (except the states listed above). If you live outside the U.S. you may see information not approved and/or available in your country.
Arbitration; Prohibition on Class Actions
Any dispute, claim or controversy arising out of or relating to the Website or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Minneapolis, Minnesota before three arbitrator(s). The arbitration shall be confidential, final, binding, and administered by American Arbitration Association pursuant to its then-current rules and procedures. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Judgment on the award may be entered and enforced in any court having jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the award, or fails to comply with the award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. The parties agree to arbitrate solely on an individual basis, and not part of any collective arbitration.
The parties agree that any claims arising under or related to this Agreement, the Website, or the relationship between the parties shall be brought on an individual basis as described above, and neither party shall participate in any class or collective action. In the event any portion of this Agreement is deemed invalid or unenforceable, then such section is deemed severed and then the remaining portions will remain in full force and effect.
Requests for Information
While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. Capstone is not responsible for illegal actions of third parties. By submitting information to Capstone, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please telephone us at the number below.
Links to Other Websites
Capstone provides links to other Websites that provide information or services which may be of help to you. Capstone provides these links for your convenience only. It is not responsible for the content of these sites or the programs, agencies, or businesses they describe. Capstone does not guarantee that these sites will meet your particular purposes.
Downloadable Files and Email
Capstone cannot and does not guarantee or warrant that email or files available for downloading from its Website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Capstone does not assume any responsibility or risk for damage to your computer or its files related to your use of the Website.
You may not assign any rights or obligations under this Agreement without Capstone’s prior written consent. Capstone may assign all or part of this Agreement.
You agree that any use of this site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of Capstone’s intellectual property rights including copyright rights, in addition to any and all other claims Capstone may have against you.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You may contact Capstone at email@example.com by telephone at: (866) 729-4479.
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.