Last updated April 23, 2022
The Site contains information, data, text, graphics and other material that is protected by laws pertaining to copyrights, trademarks, service marks, and/or trade secrets (“Capabl Content”). Unless otherwise indicated, Capabl Content is the property of Capabl or our third-party providers. Subject to Your compliance with these Policies, and the terms and conditions of any other agreement pursuant to which You use our Services, Capabl grants You the right to view and download Capabl Content available on those portions of the Site to which You have been granted access for Your personal, non-commercial use only, provided that You retain all copyright and other proprietary notices contained in the Capabl Content, including any copies thereof. If You download software from the Site, use of the software is subject to the license terms in the software license agreement that accompanies or otherwise governs the software. You may not download or install the software until You have read and agreed to the terms of such software license agreement. Capabl and its third-party providers reserve all other rights with respect to this Site and Capabl Content. Some areas of the Site, Capabl Content, or User Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to Your access or use of that area of the Site, Capabl Content, or User Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Policies and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter has precedence with respect to Your access and use of that area of the Site, Capabl Content, or User Content. Any other use of this Site or Capabl Content is prohibited without Capabl’s prior written consent.
“User Content” consists of information, data, text, graphics and other material that You post or otherwise submit to the Site. You agree that You are solely responsible for the origination, accuracy, completeness, ownership, protection, publication and dissemination of User Content You submit to or through the Site, and that Capabl is not in any way responsible for, and does not endorse, Your User Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to You in connection with any User Content. Except as otherwise set forth in an agreement between Capabl and You, all User Content will be considered non-confidential and non-proprietary, and Capabl is free to use, copy, disclose, distribute and otherwise exploit any such User Content for any purpose. You agree that You have the right and authority to share User Content and to grant to Capabl all the licenses and rights set forth herein. By sharing User Content, You grant Capabl worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the User Content for any purpose and in any form, medium, or technology now known or later developed and that You are solely responsible for implementing sufficient procedures to satisfy any security requirements You may have regarding User Content provided by You in connection with Your use of the Site.
Use of Services
Through the Site, You may have access to software and service offerings (“Services”). Your use of Services is subject to all agreements such as a master service, license, or user agreement that accompanies or is included with the Services, ordering documents, exhibits, and other terms and conditions that apply (“Services Terms”). If Services are provided on or through the Site and such Services are not licensed for Your use through a specific agreement to the Services, You may not use, modify or alter the Services in any way and the Services may not be redistributed. You may download, store, display on Your computer, view, listen to, play and print Capabl Content that Capabl publishes or broadcasts on the Site or makes available for download through the Site provided that the Capabl Content: (a) may be used solely for Your personal, informational, noncommercial purposes; (b) may not be modified or altered in any way; and (c) may not be redistributed.
Registration & Password
If Your use of the Site or any products or services offered through the Site requires You to complete a registration process, You agree to provide us with current, complete and accurate information. You are responsible for safeguarding against misuse and maintaining the confidentiality of any user identification and password You receive in connection with using this Site, or any products or services offered through the Site. You are responsible for all activities that occur using Your user identification and password, and You agree to immediately notify Capabl of any unauthorized use or breach of security associated with Your user identification and password. You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Capabl accounts, computer systems or networks (“Capabl Systems”). You agree not to attempt to gain unauthorized access to any parts of the Site or any Capabl Systems. You agree not to interfere or attempt to interfere with the proper working of the Site or any Capabl Systems. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Capabl Systems without Capabl’s express written permission. You may not share Your username or password with anyone else for any reason.
Capabl has no obligation to monitor, review, edit or remove User Content posted, or otherwise made available, on or through the Site. However, Capabl reserves the right to edit or remove any User Content that, in Capabl’s sole discretion, does not comply with these Policies, is illegal, or is otherwise undesirable, inappropriate or inaccurate.
Capabl has not reviewed any sites linked to this Site and is not responsible for the content on any such sites. Linking to any other sites is strictly at Your own risk.
THE SITE, AND ALL CAPABL CONTENT CONTAINED ON OR OBTAINED THROUGH THE SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, FUNCTIONALITY, APPROPRIATENESS, SECURITY OR OTHERWISE OF THE SITE OR THE CONTENT ON THE SITE; AND (iii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. CAPABL HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY CONTENT ON THE SITE.
IN NO EVENT WILL CAPABL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “CAPABL GROUP”), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CAPABL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN WHOLE OR IN PART, THE CAPABL GROUP’S LIABILITY IN SUCH JURISDICTION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF YOU BECOME ENTITLED TO ANY RECOVERY, YOU AGREE THAT YOUR RECOVERY IS LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SITE OR $10,000USD, WHICHEVER IS LESS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE POLICIES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
By using the Site, You agree to defend, indemnify and hold Capabl, its officers, directors, employees and agents harmless from any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, due to or arising in any way from Your use of the Site, Your violation of these Policies, or Your posting, submission, downloading or use of any User Content on or through the Site, or Your violation or infringement of any third party rights, including intellectual property rights.
Capabl may, in its sole discretion, at any time, discontinue providing access or terminate Your use or access of the Site. Upon such termination, You will immediately destroy any downloaded or printed Capabl Content. All warranty disclaimer, limited liability, indemnification and miscellaneous provisions set forth in these Policies survive termination of Your use of the Site and these Policies as they apply to You. You agree that Capabl is not liable to You or any third-party for any termination or limitation of Your access to, or use of, the Site or any Content, including Capabl Content that You may have shared.
Changes to Policies
Capabl may change these Policies from time to time by posting the updated Policies on the Site. It is Your responsibility to review the Policies regularly. You are deemed to accept a change to the Policies upon Your use of the Site following any such change.
Third Party Websites, Content, Products and Services
The Site provides links to web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Capabl is not responsible for third party Content provided on or through the Site or for any changes or updates to such third-party sites, and You bear all risks associated with the access to, and use of, such websites and third party Content, products and services. All third-party trademarks, registered trademarks and service marks that appear on the Site are the property of their respective owners.
The services on the Site are only available to Users that can form legally binding contracts. In addition, and without limiting the foregoing, Users must be at least 18 years of age. These Policies are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Governing Law; Jurisdiction
The laws of the State of Delaware in the United States of America govern these Policies and Your use of the Site. You and Capabl expressly disclaim the U.N. Convention on Contracts for the International Sale of Goods. You agree that any dispute with Capabl will be conducted in the courts of the State of Delaware and You agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware, in connection with any such dispute.The following applies if You access the Site: You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Policies as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which You reside, including applicable import and export compliance laws and regulations, as well as those of the jurisdiction from which You are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site.We may disclose information, including but not limited to, information concerning a user or subscriber, data transmission made using the software or services, to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or to protect Us and others from harm, or where such disclosure is necessary to the proper operation of the software and services.
Notice and Procedure for Making Claims of Copyright Infringement
Capabl’s policy is to investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent in a written communication. Any written notification of alleged copyright infringement using this site or Capabl’s services must be sent only to the following Designated Agent:
16708 Setter Point LN
Davidson, NC 28036
16708 Setter Point LN
Davidson, NC 28036
Under the DMCA, the notification must include the following: (i) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner of the copyright that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the material; (iv) address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) 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 (vi) a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is the owner, or is authorized to act on behalf of the owner, of the copyright that is allegedly infringed. THE CONTACT INFORMATION FOR OUR DESIGNATED AGENT IS PROVIDED EXCLUSIVELY FOR NOTIFYING CAPABL OF ALLEGED COPYRIGHT INFRINGEMENT. OUR DESIGNATED AGENT WILL NOT RESPOND TO ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT.