Terms of Use

Your use of this website is governed by these Terms and Conditions

Please take a few minutes to review Capstone Terms and Conditions. By accessing and using this website, you agree to be bound by each of the Terms and Conditions and all applicable laws and regulations governing the website. If you do not agree with any of the Terms and Conditions, you are not authorized to access or use this website for any purpose.

These terms may change without prior notice

Coughlan Companies, LLC dba Capstone reserves the right to modify these Terms and Conditions at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified. For this reason, we encourage you to review the Terms and Conditions whenever you use this website.

Notices of restrictions on your use

The Service, the website, and all data and information and/or content that you see, hear or otherwise experience on the website (the "Content") belongs to Capstone, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by third-parties is used on the website with the permission of such third-parties.

You may use the website, the Service and the Content solely for your personal or internal business use. You may download, print and store selected portions of the Content, provided that you (1) only use these copies of the Content for your own personal or internal business use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a website; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. Capstone reserves complete title and full intellectual property rights in any Content you copy or download from this website.

You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the website or the Service, except as expressly permitted by these Terms and Conditions. Moreover, you may not use any of the marks appearing throughout this website without express written consent from the trademark owner, except as permitted by applicable law.

Disclaimer of warranties

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICE. CAPSTONE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE SERVICE. CAPSTONE 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 NONINFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).

CAPSTONE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEBSITE OR THE SERVICE.

CAPSTONE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. CAPSTONE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEBSITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CAPSTONE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF CAPSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CAPSTONE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You understand and agree that you are personally responsible for your behavior on the website and for your use of the content. You agree to indemnify, defend and hold harmless Capstone, its subsidiaries, affiliated companies, joint ventures, 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 of the website or the service or your use of the content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the website or service through your user account.

Personal information and Privacy Policy

Capstone may monitor, record, collect and use for any lawful purpose information generated through your use of the website or the service. The collected information is subject to our Privacy Statement. Your obligations under these terms are in no way conditioned on Capstone complying with the terms of our Privacy Policy.

User Conduct

You agree not to take any action that interferes with the proper working of the website; imposes an unreasonable or disproportionately large load on the website's infrastructure; might compromise the security of the website; render the website or the service inaccessible to others; or otherwise cause damage to the website or any content contained on the website. You agree not to add to, subtract from, or otherwise modify the content on the website except as expressly authorized by Capstone in these Terms and Conditions or by a written agreement between you and Capstone.

General Provisions

1. Entire agreement

These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Capstone of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

2. Errors and accuracies

The information in the website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

3. No endorsements of links

Hypertext links to third-party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Capstone of the third party, the third-party website, or the information contained therein. You acknowledge and agree that Capstone is not responsible for the availability of any such websites and that Capstone does not endorse or warrant, and is not responsible or liable for any such website or the content thereon. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

4. Enforcement

Capstone may investigate and may take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the website and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, Capstone may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these terms is determined to be invalid or unenforceable, it will not impact any other provision of these terms, all of which will remain in full force and effect. These Terms and Conditions are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of law provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Blue Earth County, Minnesota, U.S.A., regarding any and all disputes relating to these Terms and Conditions, Capstone's Privacy Statement, your use of the website, any other Capstone website, the Service, or Content or Material contained therein.

5. Claims of copyright infringement

In the event that you claim to be the copyright owner of any Content, you agree to immediately notify Capstone of any claimed copyright infringement. You further agree to provide Capstone's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:

  1. Your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;

  3. 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 us to locate the material;

  4. Information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;

  5. A statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed.

  7. Capstone's Copyright Agent for notice of claims of copyright infringement on or relating to this website can be reached, either by:

    • Sending an e-mail request to: CustomerService@CapstonePub.com or

    • Sending a letter via U.S. mail to: 
      Copyright Agent
      Capstone
      1710 Roe Crest Drive
      North Mankato, MN 56003

6. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of these terms will remain in force.

7. Contact us with questions

If you have any questions about these Terms and Conditions, the practices of this website, or your dealings with this website, please contact us.