1. Use of Site. You may use the Services, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal viewing purposes and/or to learn about CAPP’s services and events. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. CAPP reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not sell, lease, auction, use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service.
(a) Your privacy is very important to CAPP. We will not use any of the information that you provide about yourself as part of the CAPP membership registration process (your “Personally Identifiable Information”) for any purpose other than to establish your account for use of the Site and the Services and to secure access to your account, unless we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process, or enforceable government request, (ii) enforce terms and conditions of this Agreement, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security, or technical issues, or (iv) protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
(b) We do not sell, share, or rent your Personally Identifiable Information or use your email address for unsolicited mail. Any email sent by us will only be in connection with the Services.
(c) We use appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data, including internal reviews of our data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data, such as your Personally Identifiable Information.
3. Copyright. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to CAPP or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by CAPP or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by CAPP. You may not manipulate or alter in any way images or other Content on the Site.
4. Trademarks. Certain Content on the Site may qualify for trademark and/or servicemark protection under Federal and/or common law. You acknowledge that CAPP, its partners, affiliates, contributors or third parties own all right, title, and interest in and to any such trademarks and/or servicemarks. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark, servicemark, or trade dress owner, except as permitted by applicable law.
6. Downloading Files. CAPP does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. User Submitted Content. In certain instances, CAPP may allow you to submit information and/or media via the Site (“User Content”). You agree that you have obtained all necessary rights, including intellectual property rights, to any User Content submitted pursuant to this provision. In no event shall CAPP be held liable for the use of any User Content submitted by you pursuant to this provision. You hereby grant CAPP an irrevocable, world-wide, royalty-free, right and license to use all User Content submitted pursuant to this provision.
9. Disclaimer of Warranties. CAPP MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. CAPP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CAPP DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. CAPP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
11. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless CAPP, its affiliated companies, business partners, licensors, employees, agents, and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
12. General Provisions.
(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. CAPP therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. CAPP does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(c) Severability / Governing Law. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, any other CAPP web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of laws provisions.
(d) No Assignment or Delegation. You may not assign or delegate any rights or obligations under this Agreement and any purported assignment and delegation shall be ineffective. CAPP may freely assign or delegate all rights and obligations under the Agreement, fully or partially. As used herein, an “assignment” includes any assignment by operation of law (i.e., a merger) or any change of control. For the avoidance of doubt, an “assignment” shall not include the organizational restructuring of any party (e.g., a change from a limited liability company to a corporation).
(e) Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Legal Counsel of Record for CAPP, Vedder Price, P.C., c/o Michael Reed, 222 N. LaSalle St., Suite 2600, Chicago, IL 60601.