THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CAPRR.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. CAPITAL RESTAURANT RESOURCES MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF CAPRR.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT CAPRR.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH CAPRR.COM.

Section 1. Use.

CAPRR.COM is provided solely for the use of current and potential Capital Restaurant Resources customers to interact with Capital Restaurant Resources and may not be used by any other person or entity, or for any other purpose. Capital Restaurant Resources does not accept ideas, concepts, or techniques for new services or products through CAPRR.COM. If such information is received, it will not be considered confidential and Capital Restaurant Resources will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 2. Changes to CAPRR.COM.

CAPRR.COM and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.

Section 3. Term. Capital Restaurant Resources may discontinue, suspend or modify CAPRR.COM at any time without notice, and Capital Restaurant Resources may block, terminate or suspend your and any user's access to CAPRR.COM at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 4. Ownership.

CAPRR.COM and its Content are protected by United States and international copyright, trademark and other laws. © 2006 Capital Restaurant Resources. All rights reserved. Specifically, Capital Restaurant Resources does not convey to anyone, through allowing access to CAPRR.COM, any ownership rights in CAPRR.COM or in any Content appearing on or made available through CAPRR.COM.

Section 5. Disclaimer of Warranty.

CAPRR.COM AND ITS CONTENT ARE PROVIDED "AS IS". Capital Restaurant Resources AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE CAPRR.COM AND ITS CONTENT.

Section 6. Limitation of Liability.

USE OF CAPRR.COM AND ITS CONTENT IS AT YOUR SOLE RISK. CAPITAL RESTAURANT RESOURCES WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE CAPRR.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED CAPITAL RESTAURANT RESOURCES OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7. Indemnity. You hereby release, and agree to indemnify and hold harmless Capital Restaurant Resources Corporation and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of CAPRR.COM and its Content.

Section 8. Links to other web sites.

There are links on CAPRR.COM site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Capital Restaurant Resources. Capital Restaurant Resources makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Capital Restaurant Resources has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 9. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access CAPRR.COM regarding access, use, export, reexport and import of any Content appearing on or available through CAPRR.COM. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Section 10. Controlling Law and Severability.

This Agreement and Your use of CAPRR.COM is governed by and construed in accordance with the laws of the United States and the State of Pennsylvania, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to CAPRR.COM or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction. This Agreement may not be changed or modified without the written consent of Capital Restaurant Resources.