Terms of Use

AGREEMENT BETWEEN USER AND CAPSTONE MORTGAGE SERVICES

The Capstone Mortgage Services Limited ("Capstone") website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions and notices.

Privacy and Protection of Personal Information

The use of such information is intended to enable Capstone to provide a better service. See our Privacy Statement or click the link at the bottom of all pages on this website.

Member Account, Password and Security

If a particular Capstone service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Capstone immediately of any unauthorised use of your account or any breach of security. Capstone will not be liable for any loss that you may incur as a result of someone else using your password and account, either with or without your knowledge. However, you could be liable for losses incurred by Capstone or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Modification of These Terms of Use

Capstone reserves the right to change the terms, conditions and notices under which the service is offered, including but not limited to the charges associated with the use of the service. You are responsible for regularly reviewing these terms and conditions and additional terms posted. Your continued use of the Capstone Site/Services constitutes your agreement to all such terms, conditions and notices.

Personal and Non-commercial use limitation

Unless otherwise specified, the Capstone service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Capstone's website.

Links to Third Party Sites

The Capstone service may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Capstone and Capstone is not responsible for the contents of any Linked Sites, including without limitation any link contained in Linked Site, or any changes or updates to a Linked Site. Capstone is not responsible for web casting or any other form of transmission received from any Linked Site nor is Capstone responsible if the Linked Site is not working appropriately. Capstone is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Capstone of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Capstone Site/Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Capstone shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of the Capstone Site/Service, you will not use the Capstone Site/Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Capstone Site/Service in any manner which could damage, disable, overburden, or impair any Capstone Site/Service or the network(s) connected to any Capstone Site/Service or interfere with any other party's use and enjoyment of any Capstone Site/Service. You may not obtain or attempt to obtain materials or information through any means not intentionally made available through the Capstone Site/Service.

Use of Services

The Capstone Site/Service may contain email services and or other communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You may agree to use the Communication Services only to post, send and receive messages and material that are adequate and, when applicable, related to the particular Communication Service, you will not:

• Use the Communications Service in connection with surveys, contests that are not organised by Capstone, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Capstone Site/Service or other user or usage information or any portion thereof.

Capstone has no obligation to monitor the Communication Services. However, Capstone reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Capstone reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Capstone reserves the right at all times to disclose any information as Capstone deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Capstone's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Capstone does not control or endorse the content, messages or information found in any Communication Service and, therefore, Capstone specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Capstone spokespersons, and their views do not necessarily reflect those of Capstone.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Materials Provided to Capstone or Posted at any Capstone Website

Capstone does not claim ownership of the materials you provide to Capstone (including feedback and suggestions) or post, upload, input or submit to any Capstone Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Capstone, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Capstone is under no obligation to post or use any Submission you may provide and Capstone may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

If you are submitting information on behalf of a third party, by using the Capstone Site/Service you are responsible for obtaining their consent for the submission.

Software and Content Available Through The Capstone Site/Service

All content and software (if any) that is made available to view and/or download in connection with the Capstone Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Capstone Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Termination/Access Restriction

Capstone reserves the right, in its sole discretion, to terminate your access to any or all Capstone Site/Services and the related services or any portion thereof at any time, without notice.

Capstone may also terminate or suspend your access to Capstone Site/Service for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Capstone. The amount of time that Capstone currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Capstone Site/Service, your right to use the Capstone Site/Service immediately ceases.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CAPSTONE SITE/SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CAPSTONE SITE/SERVICE AND TO THE INFORMATION THEREIN. CAPSTONE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CAPSTONE SITE/SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE CAPSTONE SITE/SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CAPSTONE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE CAPSTONE SITE/SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CAPSTONE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT CAPSTONE SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A CAPSTONE SITE/SERVICE.

YOU SPECIFICALLY AGREE THAT CAPSTONE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CAPSTONE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A CAPSTONE SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL CAPSTONE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CAPSTONE SITE/SERVICE, WITH THE DELAY OR INABILITY TO USE THE CAPSTONE SITE/SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CAPSTONE SITE/SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE CAPSTONE SITE/SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPSTONE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CAPSTONE SITE/SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CAPSTONE SITE/SERVICE.