YOUR USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. YOUR CONTINUED USE OF THIS WEB SITE SIGNIFIES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE.

1.License to Use. CAPA grants you a limited, revocable, non-exclusive, non-transferable license to access, display, download and make a single copy of this web site, including without limitation, any content, materials and information made available on and accessible through the web site (collectively, the CAPA Site), for your personal use only.

2.Restrictions on Use: You agree to comply with all rules and restrictions displayed on the CAPA Site. You may not access, display, download, copy, perform, publish, transmit, distribute, sell, transfer, modify, create derivative works from or in any way exploit the CAPA Site or any portion thereof, except as necessary to access, display, download and make a single copy of the CAPA Site, for your own personal use. You may not upload, post, copy, display, perform, publish, transmit, distribute or submit on or through the CAPA Site any content, materials or information which (1) are obscene, pornographic, profane, sexually explicit or indecent, (2) slander, libel or defame any person, company or group, (3) offend, annoy, inflame, threaten, abuse or otherwise harm any person, company or group, (4) constitute or contain false or misleading statements of fact or indications of origin, (5) infringe, violate, dilute or unfairly interfere with the copyright, patent, trademark, privacy, publicity, or other proprietary or contractual rights of any third party, (6) contain a virus, timebomb or other harmful code, or (7) violates any federal, state or local ordinances, regulations or laws.

3.Responsibility for Communications. You are solely responsible for the nature, content and effects of any statements, messages, files, content, materials or information you upload, post, copy, display, perform, publish, transmit, distribute or submit on or through the CAPA Site (collectively, the Communications).

4.Not a Publisher. CAPA does not control, and disclaims any responsibility for, the availability, timeliness, suitability, appropriateness, completeness or accuracy of any Communications made by you or by other users of the CAPA Site (e.g., data inputted by users into the CAPA database). You agree that any use of or reliance upon any Communications you access on or through this CAPA Site shall be at your sole risk. CAPA cannot and does not review all Communications made on or through the CAPA Site. CAPA nevertheless reserves the right, but has no obligation, to correct, clarify, modify or remove Communications that CAPA, in its sole discretion, finds objectionable or inappropriate.

5.Ownership of Content. All content, materials and information available on and accessible through the CAPA Site, including without limitation, any text, data, art, photographs, images, graphics, designs, formats, audio clips, video clips, code, databases, and software (collectively, the Content), are owned or controlled by CAPA or certain third party providers. The CAPA Site and the Content are protected by copyright pursuant to the copyright laws of the United States and other countries, and by international conventions and other applicable laws. You acknowledge that CAPA or the applicable third party providers shall retain all right, title and interest in and to the Content, including without limitation, all copyright, patent, trademark and other proprietary rights thereto.

6.Links to Other Sites. The CAPA Site may contain links, markers and pointers to other web sites and other areas of the Internet operated by third parties. Such links, markers and pointers do not constitute an endorsement by CAPA of such web sites or areas of the Internet or of any other third party products or services.

7.Modifications to Site. CAPA may modify, suspend or discontinue any feature, function, area, component or portion of the CAPA Site at any time, without notice or liability. CAPA may, from time to time, impose limits or conditions on the access or availability of certain content, features, functions or areas of the CAPA Site without notice or liability.

8.Indemnification. You agree to indemnify, defend and hold CAPA, its officers, directors, employees, contractors, agents, and representatives (collectively, the CAPA Agents) harmless from and against any and all damages, liabilities, losses, costs or expenses (including without limitation, attorneys fees) incurred by CAPA or the CAPA Agents for claims arising out of your use of the CAPA Site or any Content or Communications you access on or through the CAPA Site. CAPA reserves the right to assume the exclusive defense and control of any claim otherwise subject to indemnification by you. You agree to cooperate fully with CAPA in the defense of any claim brought against CAPA or the CAPA Agents. You agree not to settle any claim involving CAPA or the CAPA Agents without CAPAs prior express written consent.

9.DISCLAIMER OF WARRANTIES. THE CAPA SITE (INCLUDING ALL CONTENT, COMMUNICATIONS, SOFTWARE, FUNCTIONS, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE CAPA SITE) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-NFRINGEMENT. CAPA DOES NOT WARRANT THAT THE CONTENT, COMMUNICATIONS, SOFTWARE, FUNCTIONS, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE CAPA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE CAPA SITE IS FREE OF VIRUSES, TIMEBOMBS OR OTHER HARMFUL CODE.

10.LIMITATION OF LIABILITY. YOUR USE OF THE CAPA SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR ACCESS OR USE OF, OR RELIANCE UPON, THE CAPA SITE OR THE CONTENT OR COMMUNICATIONS AVAILABLE ON OR ACCESSIBLE THR OUGH THE CAPA SITE. UNDER NO CIRCUMSTANCES SHALL CAPA OR THE CAPA AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS OR USE OF, OR RELIANCE UPON, THE CAPA SITE OR THE CONTENT OR COMMUNICATIONS AVAILABLE ON OR ACCESSIBLE THROUGH THE CAPA SITE, EVEN IF CAPA, THE CAPA AGENTS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAPA'S AGGREGATE LIABILITY, IN CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY OF YOUR AGENTS OR REPRESENTATIVES EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO CAPA FOR YOUR U SE OF THE CAPA SITE.

11.Waiver of Privacy. You acknowledge and agree that any Communications you make on or through the CAPA Site may be accessed, read or intercepted by others, that you have no expectation of privacy in any such Communications and no confidential, fiduciary, contractually implied or other relationship is created between you and CAPA as a result of such Communications. By posting messages, uploading files, inputting data or transmitting any other Communication to the CAPA Site, you grant to CAPA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, upload, post, copy, display, perform, publish, transmit, distribute, license, sublicense, modify, and otherwise exploit such Communications, in all media now known or hereafter to become known. The foregoing grant includes the right for CAPA to incorporate data submitted by you into the CAPA database accessible through the CAPA Site and make such data available to other users of the CAPA Site or members of CAPA. You hereby waive all rights to any claim against CAPA for any alleged or actual infringements of any copyright, patent, trademark, trade secret, privacy, publicity, moral, proprietary and any other similar rights under any jurisdiction.

12.Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the County of New York, in the State of New York. You hereby irrevocably consent to such location as the sole and exclusive venue and jurisdiction, and waive any claims of forum non conveniens. This agreement constitutes the entire agreement between CAPA and you with respect to your use of the CAPA Site, and supercedes all prior agreements between you and CAPA regarding the CAPA Site. Any cause of action you may have with respect to your use of the CAPA Site must be commenced within one (1) year after the claim or cause of action arises. In the event that any portion of this agreement is found to be unenforceable, that portion shall be enforced to the fullest extent permissible, and the remainder of this Agreement shall continue in full force and effect.