Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Website, you agree to be bound by this Agreement, whether you are a “Visitor”(which means that you simply browse our Website) or you are a “Registered User” (which means that you have registered to use the Website and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you are obliged to exit the Website and discontinue any and all use of the Website and the Services immediately.
Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Website. By accessing and/or using the Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.
General Registration Requirements. Visitors are currently permitted to view only limited portions of the Website prior to deciding whether to become a Registered User. Full access to the Website and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Website, you must complete the registration /membership procedures displayed on the membership page(s) of the Website and, where applicable, pay the required subscription fee. Some aspects of the Website and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Website.
Age Requirements for Access and Use of the Websites. By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction.
Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website and (b) you are obliged to maintain and promptly update your registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).
Security Components. You acknowledge and agree that the Website and the Services, and the software embodied within the Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by CAPS, LLC and/or content providers who provide content to CAPS, LLC. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website and the Services.
Subscription Fees and Payment. Access to and use of the Services is subject to a subscription/membership fee (“Fee”). The Fee is payable in U.S. dollars. You will be required to provide your information to PayPal or credit card at the time of your initial registration. You will automatically be charged at the time of your subscription/membership, and regularly thereafter based on the terms of your subscription/membership. CAPS, LLC reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. CAPS, LLC will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.
If CAPS, LLC is for any reason unable to effect automatic payment via your credit card, or paypal, CAPS, LLC will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying CAPS, LLC of any changes to your credit card information and to update your information if your credit card has expired. CAPS, LLC may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify CAPS, LLC.
You are responsible and liable for any costs and expenses, including attorney and collection fees, that CAPS, LLC may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to CAPS, LLC. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to email@example.com If you do not notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
Content. The content available at the Website and the Services generally consists of (a) content owned by CAPS, LLC, including but not limited to the trademarks, trade dress and “look and feel” of the Website and content created and/or acquired and owned by CAPS, LLC (b) content owned by third parties and licensed to CAPS, LLC for specified use on the Website and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (“User Content”).
Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Website and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of CAPS, LLC. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by CAPS, LLC from the Website and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Website and the Services.
International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
Take-Down Notices Under the DMCA, CAPS, LLC will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for CAPS, LLC:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of CAPS, LLC, Inc:
Director of Content Acquisition and Content
PO BOX 1532
Lincoln, CA 95648
Email Of Designated Agent: Clinical Avian Pathology Services.
Term and Termination. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by CAPS, LLC or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at Clinical Avian Pathology Services.
but any such termination and cancellation will be effective only after CAPS, LLC has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with CAPS, LLC. CAPs, LLC reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. CAPS, LLC shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If CAPS, LLC elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if CAPS, LLC elects to do so without cause, then CAPS, LLC will refund any unused portion of a pre-paid subscription. Upon suspension or termination, CAPS, LLC shall have no obligation to save any User Content provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
Disclaimer of Warranties. You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by CAPS, LLC and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
Waiver of Claims. You hereby waive, release and discharge the CAPS, LLC from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
Limitation of Liability. To the fullest extent permitted by applicable laws, CAPS, LLC will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Website and/or the Services, even if CAPS, LLC has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of CAPS, LLC to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CAPS, LLC for the Services.
Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by CAPS, LLC. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
Indemnity. You agree to indemnify, defend, and hold harmless CAPS, LLC from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CAPS, LLC will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Site Content through our Websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.
Choice of Law and Forum. This Agreement and the relationship between you and CAPS LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CAPS, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Placer, California.
No Waiver. The failure of CAPS, LLC to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at firstname.lastname@example.org, or by mail at
CAPS LLC PO BOX 1532 Lincoln, Ca 95648
Except as otherwise specified elsewhere in this Agreement, notices to CAPS, LLC may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from CAPS, LLC.