TERMS AND CONDITIONS OF USE

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Effective February 24, 2021

 

Your use of the Capturelize.com ("Website") is conditioned upon Your acceptance of these legal terms of use which also includes our Privacy Policy.

 

Capturelize It, LLC (“Capturelize”) reserves the right to modify or update these legal terms of use from time to time at its sole discretion with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use for updates periodically.

 

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF THERE IS ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT AND DISCONTINUE USE OF THIS WEBSITE IMMEDIATELY. OTHERWISE, BY CONTINUING TO ACCESS AND USE THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

 

 

USE OF THIS WEBSITE

 

Capturelize maintains this Website for Your personal purchases, entertainment, information and education. You are welcomed to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Capturelize's express written consent. All rights not expressly granted here are reserved to Capturelize.

 

You may not use any computer program tools, including, but not limited to, harvesters, bots, indexers, robots, crawlers, web spiders, or any other automatic device, algorithm, program, or methodology, or any similar equivalent process ("Tools") to access, copy, acquire, or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain documents, materials, or information through any means not purposely made available through the Website. Tools that use the Website shall be considered to be agents of the individuals who control or author them.

 

 

NO WARRANTIES

 

CAPTURELIZE DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT SPECIFIC RESULTS WILL OCCUR FROM YOUR USE OF THIS WEBSITE. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

 

Capturelize assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, data, software, or other property on account of Your access to, use of, or browsing on the Website or Your downloading of any images, materials, text, audio or video from the Website or any linked Websites.

 

RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY

 

The copyrights to all original materials, selection, content, and arrangement of the Website (including text, visual interfaces, user, and images, look and feel, sound, design, etc. and any underlying software and computer codes) are proprietary to Capturelize, its affiliates, subsidiaries, or third party licensors. You may not copy, republish, reproduce, post on any other Website, encode, upload, modify, translate, commercially exploit, publicly perform or display, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Capturelize.

 

Any name, trademark, logo, service mark, design, patent, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Capturelize or its affiliates, or subsidiaries and may not be used by You without the prior written consent from Capturelize or the appropriate owner. Your use of this Website does not grant You any right, interest, title, or license to any such intellectual property appearing on this Website. Any unauthorized use of this Website or the content on it may subject You to civil or criminal penalties.

 

 

LIMITATION OF LIABILITY

 

In no event shall Capturelize, its affiliates, subsidiaries, licensors, service providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, incidental, special, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole discretion and risk. Certain laws do not allow the exclusion or limitations on implied warranties or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold Capturelize and its Affiliates harmless from and against any and all claims, damages, losses, costs and expenses, including reasonable attorney's fees and costs incurred by Capturelize in connection with any claim by a third party (including an intellectual property claim) arising out of or related to Your use of the Website which includes (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of such claims. Capturelize and its Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Capturelize. You further agree to hold harmless Capturelize and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

 

 

ADDITIONAL TERMS AND CONDITIONS

 

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, contests, licenses, invitations, sweepstakes, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such conditions and Application terms. If there is a conflict between these terms of the Application and these Terms of Use, the terms of the Application will control as relating to the Application.

 

 

COMMUNICATIONS WITH THIS WEBSITE

 

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, libelous, scandalous, pornographic, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Capturelize will fully cooperate, including but not limited to, disclosing and maintaining any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, court order, law enforcement authorities, or governmental authority.

 

Any communication or material You transmit to the Website by email or otherwise, including comments, data, questions, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Capturelize cannot prevent the harvesting of information from this Website, and You may be contacted by Capturelize or other unrelated parties, by email or other means of communication, within or outside of this Website. Anything You transmit may be edited by or on behalf of Capturelize, may or may not be posted to this Website at the sole discretion of Capturelize and may be used by Capturelize or its affiliates for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast and posting. Furthermore, Capturelize is free to use any ideas, know-how, concepts, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products that use of such information. If You transmit any concepts, ideas, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Capturelize without compensation in any manner whatsoever, including without limitation to reproduction, publication, transmission, marketing, product development, etc.

 

Although Capturelize may from time to time review or monitor discussion, postings, chats, transmissions, and bulletin boards, and the like on the Website, Capturelize is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, falsehood, omission, obscenity, profanity, pornography, danger, or inaccuracy contained in any information within such locations, on the Website. Capturelize assumes no responsibility or liability for any communications or actions by You or any related third party within or outside of this Website.

 

 

TERMINATION

 

At its sole discretion, Capturelize may discontinue or modify the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

 

 

UNAFFILIATED PRODUCTS AND WEBSITES

 

Descriptions of, or references to, products, publications or Websites not owned by Capturelize or its affiliates do not imply endorsement of that product, Website or publication. Capturelize has not reviewed and does not review all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites that are linked to Capturelize is at Your own risk.

 

LINKING POLICY

 

As a convenience to You, this Website may provide links to websites owned or operated by parties other than Capturelize. Each linked website may have its own terms and conditions of use, which may be described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we encourage You to read each website's legal notice/ terms carefully before You use that website. Capturelize does not control, and is not responsible for the availability, content or security of any external Websites, nor Your experience interacting or using any external Websites. Capturelize does not endorse any products, services, or content available on such web sites.

 

COPYRIGHT NOTICES/COMPLAINTS

 

It is Capturelize's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting us on our Contact Us page and providing the following information:

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• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

• Your name, address, telephone number and (if available) e-mail address.

• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

• A signature or the electronic equivalent from the copyright holder or authorized representative.

 

In an effort to protect the rights of copyright owners, Capturelize maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Website who are repeat infringers.

 

 

UNITED STATES GOVERNING LAW / VOID WHERE PROHIBITED

 

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Georgia, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to services or products that are not available in all countries. References to a particular service or product does not imply that they are appropriate or available to all persons of legal purchasing age (age of majority) in all locations, or that Capturelize intends to make such products or services available in such countries. Any offer for any service, product, application, or feature made on this Website is void where prohibited. Your information will be transferred to Capturelize in the United States of America, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties or any other users of this Website.

 

 

AGREEMENT TO ARBITRATE

 

This Section 1 is referred to in these Terms as the "Arbitration Agreement". You agree that any and all disputes or claims that have arisen or may arise between you and Capturelize, whether relating to these Terms (including any alleged breach thereof), the Services, the Website, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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1.1 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND CAPTURELIZE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CAPTURELIZE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CAPTURELIZE USERS.

 

1.2 Pre- Arbitration Dispute Resolution

Capturelize is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us on our Contact Us page and by mail at 2799 Starr Road Morrow, GA 30260.

 

1.3 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with JAMS rules and procedures (collectively, the "JAMS Rules"), as modified by these Terms. For information on JAMS, please visit its website, www.jamsadr.com.   If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the Limitation of Liability provisions in these Terms of . Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

To commence an arbitration against Capturelize, you must complete a demand for arbitration, submit it to JAMS, and send a copy to Capturelize at 2799 Starr Road Morrow, GA 30260. For more information, see http://www.jamsadr.com/rules-download-rules/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

 

You agree that the arbitration shall be held in the Atlanta, Georgia. If the value of the relief sought is $10,000 or less, you or Capturelize may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Capturelize subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Capturelize, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Capturelize users, but is bound by rulings in prior arbitrations involving the same Capturelize user to the extent required by applicable law.

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1.4 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS' Rules, unless otherwise provided in this Agreement to Arbitrate. If Capturelize prevails in any arbitration under this Section, you shall be obligated to reimburse all fees Capturelize incurs in connection with the arbitration, including without limitation, all attorney fees, within thirty (30) days of the arbitrator’s final decision being rendered.

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1.5 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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1.6 Severability

If a court decides that any term or provision of this Arbitration Agreement other than Section 1.1 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 1.1 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

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1.7 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Capturelize prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Capturelize prior to the effective date of removal.