TERMS OF SERVICE

1. capsearch.com

Capsearch.com is an Internet-based service that provides access to Capsearch. Capsearch grants Subscriber a non-exclusive, non-transferable, limited license to use capsearch.com (including all versions and updates). Subscriber may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of capsearch.com nor may Subscriber reproduce all or any portion of the components of capsearch.com. Subscriber may use Data cached in Subscriber's local disk drive solely in support of its use of capsearch.com. Certain software used by Subscriber may not be capable of supporting capsearch.com. The performance of capsearch.com varies with the manufacturers' equipment with which it is used.

2. Confidentiality/Privacy Policy

Capsearch acknowledges that, during the term of this Agreement, they may have contact with and access to confidential, proprietary, and/or trade secret information of Subscriber, in written, electronic or oral form or in some combination thereof.

Capsearch also acknowledges that Subscriber contact information including name, address, phone, fax, and e-mail are collected as part of initiating and maintaining the contracted service. Client contact information is never provided to third parties.

Capsearch maintains strict confidentiality of all information obtained from clients and uses such information solely for the purpose of providing the contracted service. Without the prior written consent of a Party or order of a court of competent jurisdiction, Capsearch will not, at any time, either during or after the term of this Agreement, directly or indirectly, divulge or disclose to any person, firm, association, or corporation, or use for Capsearch’s own benefit, gain, or otherwise, any Confidential Information or contact information. In the event a Party is compelled by order of a court of competent jurisdiction to disclose such information, or is in receipt of legal process which might lead to such disclosure, Capsearch agrees immediately to notify the Subscriber and to allow the Subscriber a reasonable opportunity to interpose an objection.

3. Disclaimer of Warranties and Limitation of Liability

Except as specifically provided in this Agreement, capsearch.com is provided “as is,” without warranty of any kind, express or implied. Subscriber’s exclusive remedy and Capsearch’s, its affiliates and/or contributors’ entire liability under this agreement, if any, for any claim(s) for damages relating to capsearch.com which are made against them, individually or jointly, whether based in contract or negligence, shall be limited to the aggregate amount of Capsearch charges paid by Subscriber relative to the specific Feature or capsearch.com, as applicable, which is the basis of the claim(s) during the 12 month period preceding the event giving rise to such claim.

In no event shall Capsearch, its affiliates and/or contributors be liable to subscriber for any claim(s) relating in any way to (i) Subscriber’s inability or failure to perform research or related work, even if assisted by Capsearch, or any decision made or action taken by Subscriber in reliance upon data; (ii) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to Subscriber’s rights under this Agreement or use of, or inability to use, Capsearch, Features, Data or Capsearch.com, even if Capsearch has been advised of the possibility of such damages; or (iii) the procuring, compiling, interpreting, editing, writing, reporting, or delivering data, further, Capsearch shall have no liability whatsoever to Subscriber for an claim(s) relating in any way to any third party feature.

Capsearch makes no warranty that access to Capsearch will be uninterrupted, secure, complete or error free. Nor does Capsearch make any warranty as to the life of any URL. Subscriber acknowledges that provision of Capsearch entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data or damage to media.

5. Responsibility for Certain Matters

SUBSCRIBER IS RESPONSIBLE FOR ALL ACCESS TO AND USE OF CAPSEARCH BY SUBSCRIBER, SUBSCRIBER’S PERSONNEL (INCLUDING USAGE ATTRIBUTED TO CAPSEARCH PASSWORDS ISSUED TO SUBSCRIBER AND/OR OTHER ACCESS TO AND USE OF CAPSEARCH USED UNDER SUBSCRIBER’S SUBSCRIPTION. SUBSCRIBER SHALL FURNISH TO CAPSEARCH A LIST OF AUTHORIZED USERS GRANTED USE OF CAPSEARCH UNDER THE SUBSCRIPTION AGREEMENT. NO INDIVIDUAL SHALL HAVE ACCESS TO CAPSEARCH UNDER SUBSCRIBER’S USER NAME OR PASSWORD UNLESS THE INDIVIDUAL IS LISTED AS AN AUTHORIZED USER WITHIN THE SUBSCRIPTION AGREEMENT. THE FOREGOING SHALL BE ENFORCED WHETHER OR NOT SUBSCRIBER HAS KNOWLEDGE AND AUTHORIZES SUCH ACCESS AND USE. SUBSCRIBER IS SOLELY RESPONSIBLE FOR MAINTAINING SECURITY OF CAPSEARCH PASSWORDS.

6. Limitation of Claims

Except for claims relating to improper use of Capsearch, Features or Capsearch.com, no claim, regardless of form, which in any way arises out of this Agreement, may be made, nor such claim brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

7. Term and Termination

This Agreement will become effective when Subscriber agrees to the terms of his or her subscription agreement and will run for the term stated on Subscriber’s subscription agreement. Notwithstanding the foregoing, (i) Capsearch may terminate this Agreement immediately upon giving written notice of termination to Subscriber if Subscriber commits a material breach of any obligation to Capsearch under any other agreement between the parties. (ii) Subscriber may terminate this Agreement immediately upon giving written notice of termination to Capsearch after receiving notice of an amendment which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber; and (iii) either party may terminate this Agreement immediately upon giving written notice of termination to the other party if the other party commits a material breach of this Agreement. If either party terminates the agreement under applicable terms as discussed in this section, Subscriber will be entitled to a refund of payment received by Capsearch for the unfulfilled term of the original subscription agreement.

8. Notices

Except as otherwise provided herein, all notices must be in writing to Capsearch at 323 Center Street, Little Rock, Arkansas, 72201, and to Subscriber at the address provided by Subscriber on the invoice.

9. Ideas and Concepts

Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that Subscriber provides to Capsearch regarding Capsearch, capsearch.com or Capsearch software shall become the exclusive property of Capsearch and may be used for its business purposes in its sole discretion without any payment, accounting, remuneration or attribution to Subscriber.