These terms are effective as of October 11, 2019.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register an account on the Site.
Any unauthorized use of the Contents is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
The Capacity name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Capacity. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Contents. Access to, or use of, this Site does not authorize anyone to use any name, logo or mark in any manner whatsoever.
If you provide Capacity any feedback or suggestions regarding Capacity, the Site, or the Contents (“Feedback”), you hereby assign to Capacity all rights in the Feedback and agree that Capacity shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. Capacity will treat any Feedback you provide to Capacity as non-confidential and non-proprietary. You agree that you will not submit to Capacity any information or ideas that you consider to be confidential or proprietary.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security, and you will cooperate with us in responding to and mitigating any such unauthorized access or other breach of security.
Accuracy of Information
While Capacity uses reasonable efforts to ensure that the Contents are accurate and up-to-date, Capacity makes no warranties or representations as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS, STATEMENTS, ARTICLES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. CAPACITY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. This provision may be void, inapplicable, and unenforceable under certain state laws.
Capacity Services, Platform and Specifications
All services, platforms, specifications, products, features, and content described or depicted on this Site are subject to change at any time without notice. The inclusion of any services, platforms, specifications, products, features, or content on this Site at a particular time does not imply or warrant that they will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the access to, or use of, any services, platforms, specifications, products, features, or content licensed by Capacity.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CAPACITY OR ANY OF ITS EMPLOYEES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, RELIANCE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR HARDWARE, SYSTEM OR NETWORK FAILURE OR MALFUNCTION, EVEN IF CAPACITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAPACITY BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE AND THE CONTENTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Termination and Suspension
Links to Third-Party Websites
References on this Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Capacity’s endorsement, sponsorship or recommendation of the third party, or its sites, information, products or services. If you use those websites, you will leave this Site. If you decide to visit any linked website, you do so at your sole risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Capacity makes no warranty or representation regarding any third-party website, information, products or services.
Linking to this Site
All links to this Site must be approved in writing by Capacity, except that Capacity consents to your use of links in which: (i) the link is a text-only link containing only the name “Capacity”; (ii) the link “points” only to www.capacity.com and not to deeper pages; (iii) the link, when activated by a User, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and, (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Capacity, nor be such as to damage or dilute the goodwill associated with the name and trademarks of Capacity. Capacity reserves the right to revoke this consent to link at any time in its sole discretion.
Restrictions on Rights to Use
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site or the Contents;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
- reformat or frame any portion of any Web pages that are part of the Site;
- monitor the availability, performance or functionality of the Site;
- create User accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Site;
- submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by Capacity;
- transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any;
- use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any Contents offered on the Site other than for your personal, non-commercial use;
- use the Site to, intentionally or unintentionally, violate any applicable local, state, federal or international law; or
- collect or store personal data about other Users of the Site.
This Site is controlled, operated and administered by Capacity from its offices within the United States of America. Capacity makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States, and access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or export the Contents in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
Entire Agreement, Severability, Waiver, Attorneys’ Fees, Choice of Law and Jurisdiction
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for you or another User or logging onto a server or an account which you or another User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Capacity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Copyright Violation Notice
If you feel the content of this Site violates your copyright, please send a notice of the violation to: Capacity, Attn: General Counsel, 6665 Delmar Blvd, St. Louis, MO 63130.
Your notice must include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed and are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Capacity to locate the material, (iv) information reasonably sufficient to permit Capacity to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Capacity will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States.
Questions and Communications