Terms and Conditions of Use - Legal Issues
CapstoneBlack and its associates provide their services to you subject to
the following conditions. If you visit or shop within this website, you accept
these conditions. Please read them carefully.
PRIVACY. Please review our Privacy Statement, which also
governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS. When you visit CapstoneBlack or
send e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT. All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of CapstoneBlack or its content
suppliers and protected by Australian and international copyright laws. The
compilation of all content on this site is the exclusive property of CapstoneBlack, and protected by Australian and international copyright laws.
TRADEMARKS. CapstoneBlack trademarks and trade dress may
not be used in connection with any product or service that is not CapstoneBlack, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits CapstoneBlack. All other trademarks
not owned by CapstoneBlack or its subsidiaries that appear on this site are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by CapstoneBlack or its subsidiaries.
LICENSE AND SITE ACCESS. CapstoneBlack grants you a
limited license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of CapstoneBlack. This license does not include any
resale or commercial use of this site or its contents: any collection and use of
any product listings, descriptions, or prices: any derivative use of this site
or its contents: any downloading or copying of account information for the
benefit of another merchant: or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of CapstoneBlack.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of CapstoneBlack and our associates without express written consent. You may
not use any meta tags or any other ":hidden text": utilizing CapstoneBlack
name or trademarks without the express written consent of CapstoneBlack. Any
unauthorized use terminates the permission or license granted by CapstoneBlack. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of CapstoneBlack so long as the link does not
portray CapstoneBlack, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any CapstoneBlack logo or other proprietary graphic or trademark as part of
the link without express written permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT. Visitors may
post reviews, comments, and other content: and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of spam: You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a card or other content.
CapstoneBlack reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant CapstoneBlack and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant CapstoneBlack and its associates and sub-licensees the right to use the name that you
submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that
you post: that the content is accurate: that use of the content you supply does
not violate this policy and will not cause injury to any person or entity: and
that you will indemnify CapstoneBlack or its associates for all claims
resulting from content you supply. CapstoneBlack has the right but not the
obligation to monitor and edit or remove any activity or content. CapstoneBlack takes no responsibility and assumes no liability for any content posted
by you or any third party.
PRODUCT DESCRIPTIONS. CapstoneBlack and its associates
attempt to be as accurate as possible. However, CapstoneBlack does not warrant
that product descriptions or other content of this site is wholey accurate, complete,
reliable, current, or error-free. If a product offered by CapstoneBlack itself
is not largely as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS
SITE IS PROVIDED BY CapstoneBlack ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CapstoneBlack MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CapstoneBlack DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CapstoneBlack DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
CapstoneBlack ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CapstoneBlack
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW. By visiting CapstoneBlack, you agree that
the laws of the state of the Australian Capital Territory, without regard to
principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and CapstoneBlack or its
associates.
DISPUTES. Any dispute relating in any way to your visit to
CapstoneBlack or to products you purchase through CapstoneBlack shall be
submitted to confidential arbitration in Australian Capital Territory, except
that, to the extent you have in any manner violated or threatened to violate
CapstoneBlack intellectual property rights, CapstoneBlack may seek
injunctive or other appropriate relief in any state or federal court in the
state of Australian Capital Territory, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing in the Australian Capital Territory. The
arbitrators award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving any
other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION,AND SEVERABILITY. Please review
our other policies, such as our Shipping and Returns policy, posted on this
site. These policies also govern your visit to CapstoneBlack. We reserve the
right to make changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
QUESTIONS. Questions regarding our Conditions of Usage,
Privacy Statement, or other policy related material can be directed to our support
staff by via our contacts page.
|