|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
|
||||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
 |
 |
 |
 |
 |
 |
 |
|
||||||||
Terms
and Conditions of Website Use
Privacy Policy
1. Intellectual property rights
2. Restrictions on use of content
3. Terms Applicable to CapelleNet and other Capelle Services
4. Confidentiality
5. Disclaimer
6. Limitation of liability
7. Indemnity
8. Modification or termination of services
9. Links to third party sites
10. Privacy policy
11. Changes to the terms and conditions
12. Jurisdiction, governing law and arbitration
13. General
14. Acceptance
Welcome to www.capelleassociates.com (“this Site”), owned
and operated by Capelle Associates Inc. (“Capelle”). We provide
access to this Site to you subject to the following terms and conditions
of use and our Privacy Policy (collectively “Terms and Conditions”).
PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY
BEFORE USING THIS SITE. By accessing, browsing or using this Site, and/or
registration for our services, you agree to these Terms and Conditions.
If you do not agree to these Terms and Conditions, please do not use this
Site. If at any time the Terms and Conditions are no longer acceptable
to you, you should immediately cease all use of this Site. Capelle recommends
that you print a copy of these Terms and Conditions for your records.
1. Intellectual Property Rights
All content on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics, site design and the selection, organization, functionality, performance and arrangement of the foregoing (collectively, the “Content”) are copyright © 2006 Capelle Associates Inc., unless otherwise indicated. ALL RIGHTS RESERVED. For the Flash Introduction, the theme music entitled 'Nautica' (© 2003) was composed by Richard Stoltenberg and is licensed to Capelle for the purposes of this Site. Photographic images used throughout the Site are licensed to Capelle by Corbis Inc. and Comstock Inc. You acknowledge that this Site contains Content that is protected by copyright, trademark and other intellectual and proprietary rights of Capelle or third parties. All Content on this Site is copyrighted as a collective work of Capelle pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through this Site.
2. Restrictions on Use of Content
You may access, use and print a copy of the Content on this Site from your personal computer for your own personal use. You shall not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms and Conditions. Modification of the Content or use of the Content for any purpose other than one expressly permitted in these Terms and Conditions (including use of any such material on any other web site or networked computer environment) is a violation of the Company’s and its licensor’s intellectual property rights and other proprietary rights. Any use or modification of the Content in whole or in part for any other purpose is strictly prohibited. Unauthorized attempts to upload information or change information on this Site are strictly prohibited.
Any video materials not produced by Capelle have been made available to Site visitors with permission from the producers of the television shows or networks in question. Unauthorized use of any content therein is strictly prohibited without express written permission from both Capelle and the producers.
You agree that any copy of the Content that you make shall
retain all copyright and other proprietary notices in the same form and
manner as on the original. Trademarks may not be used in connection with
any product or service not approved in advance in writing by Capelle or
in any manner that is likely to cause confusion among customers or the
public, or in any manner that disparages or discredits Capelle.
3. Terms Applicable to CapelleNet and other Capelle Services
Capelle reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site, including the CapelleNet webpages, at any time for any reason without prior notice to you and without any liability to you for doing so.
You may not use or attempt to use another's account, password, service, system or other information that may be provided on this Site, nor allow others to use your account, password, service, or system, without prior written authorization from Capelle, or create or use a false identity on this Site. You may not, nor may you allow others to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
Capelle reserves the right to refuse service to any website visitor. The information and services provided on this Site are only available to individuals who can form legally binding contracts. You must be at least 18 years of age to request and receive services from this Site, including membership to CapelleNet. You must be a senior executive who is considering the use of organization design to improve your organization's performance to have access to CapelleNet. Capelle Associates Inc. reserves the right to distribute this material at its discretion. If you do not qualify, please do not use or communicate with this Site.
Confidentiality and security of information communicated over the Internet is not possible at this time. Except as expressly set out in the Terms and Conditions, Capelle cannot ensure the privacy, security or authenticity of any information or instructions you send to us or that we send to you over the Internet. Capelle will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.
Products, materials, information and services, including and without limitation, all Content, are provided on an “as is, as available” basis and without representations, conditions or warranties of any kind, either express or implied. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, CAPELLE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING, USAGE, TRADE OR PERFORMANCE.
Capelle does not warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components. Capelle assumes no responsibility for damage to your computer or computer system as a result of use of this Site. Capelle does not represent or warrant that the information accessible via this Site is accurate, complete or current. Capelle is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use, reference to or reliance on any information contained within this Site or obtained in response to questions asked through this Site. You expressly agree that the entire risk as to the use, quality and performance of the functions on this Site and the accuracy or completeness of the Content is assumed solely by you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CAPELLE AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES,
REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE “CAPELLE PARTIES”)
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR HARM TO BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, FAILURE TO REALIZE
EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR
ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE,
OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE EVEN IF ANY
OF THE CAPELLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR COULD REASONABLY FORESEE SUCH DAMAGES OCCURRING. IN ANY EVENT, THE
CAPELLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT
PAID BY YOU FOR A PARTICULAR SERVICE OR PRODUCT OFFERED ON THIS SITE.
In no event shall any Capelle Party be liable for any damages of any kind
arising from the use of any hyper-linked site. You agree that this limitation
of liability is comprehensive and applies to all damages and causes of
action of any kind.
You agree to indemnify, defend and hold harmless the Capelle Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees) arising from or related to: (i) any use or alleged use of this Site under your password by any other person, whether or not authorized by you, (ii) your breach of these Terms and Conditions, or (iii) your violation of any law or the rights of a third party arising out of your use of this Site. Capelle reserves the right to assume the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Capelle’s defense of these claims, demands and actions.
8. Modification or Termination of Services
Capelle reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice to you and without any liability to you for doing so. Capelle may change, modify, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature, database, or Content, without prior notice to you and without liability to you for doing so.
This Site may contain links to third party websites. Access to any other website linked to the Capelle Site is at your own risk and Capelle is not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website.
During your use of this Site, you may voluntarily submit personal information to Capelle. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law. BY SUBMITTING PERSONAL INFORMATION TO CAPELLE OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED AND REQUIRED BY LAW. To the extent you provide us with personal information of another individual, you represent that you have the authority and/or have obtained all necessary consents from such individual to enable us to collect, use and disclose such information for the purposes set out in our Privacy Policy. If you do not agree with the Privacy Policy, please do not provide Capelle with any personal information. The terms and conditions of the Privacy Policy are incorporated by reference into and form part of these Terms and Conditions.
11. Changes to the Terms and Conditions
Capelle reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of such revisions. Your use of this Site or ordering of any products following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.
12. Jurisdiction, Governing Law and Arbitration
Capelle makes no representation that materials in this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions and your use of this Site shall be construed in accordance with and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. The UNCITRAL Conventions on Contracts for the International Sale of Goods does not apply to these Terms and Conditions and the products and services on this Site. Unless otherwise agreed by both parties, any disputes or claims arising out of or related to these Terms and Conditions or your use of this Site shall be resolved exclusively by binding arbitration pursuant to the Arbitration Act, 1991 (Ontario) or its successor legislation. Arbitration of all matters will be determined by a single independent arbitrator acceptable to both parties, acting reasonably, and all such arbitration proceedings shall be held exclusively in Toronto, Ontario.
If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions comprise the entire agreement between you and Capelle and supersede all prior agreements between the parties regarding the subject matter contained herein.
BY USING THIS SITE, YOU HEREBY AFFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS, AND THE PRIVACY POLICY, AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH THEREIN.
| © 2006 Capelle Associates Inc. |
|
|
|
|
 |
|
||
 |
 |
 |
|
 |
|
||
