Welcome to Capsoule!
Capsoule supports freedom of speech, both on and off the Internet. However, the goal of Capsoule is to provide you with access to the best quality products possible. To ensure a safe, non-offensive environment for all of our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.
By purchasing any products from THE CAPSOULE NETWORK, by using any of Capsoule’s services, or by accessing any areas of the Capsoule web site at www.thecapsoule.com (“Web site”), you agree to be legally bound and to abide by the terms and conditions set forth below.
Capsoule is owned and operated by Capsoule Applications LLC a Oklahoma corporation with offices at 1736 E. Dover Street Broken Arrow OK, 74012. Any references herein to Capsoule, thecapsoule.com, THE CAPSOULE NETWORK, “we” or “us” shall be deemed to refer to thecapsoule.com and/or Capsoule as applicable under the circumstances.
These Terms of Service, our Privacy Policy, our Copyright and Permissions Policy, and all policies posted from time-to-time on our sites set out the terms on which Capsoule offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies, the Privacy Policy, the Copyright and Permissions Policy, are incorporated into these Terms of Service. You agree to comply with all the above when accessing or using our Services.
Note to Social Media Users. When purchasing products and services from this Web site, or our other social media pages, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service or other terms and conditions imposed by that social media Web site, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
http://www.facebook.com/legal/terms (Facebook’s Terms of Service)
https://twitter.com/tos (Twitter’s Terms of Service);
http://www.google.com/intl/en/policies/terms (Google’s Terms of Service); and
https://policy.pinterest.com/en/terms-of-service (Pinterest’s Terms of Service).
All references in these Terms of Service to “Capsoule”, “thecapsoule.com” and/or “this Web site” shall be deemed to include both this Web site and any and all social media pages maintained from time-to-time by Capsoule, or its affiliates.
If you’re accessing Capsoule from a mobile device using the Capsoule Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to these Terms of Service. Your use of the Application confirms your agreement to these Mobile Device Terms of Use.
Application Use. Capsoule grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.thecapsoule.com Web site.
Intellectual Property-Applications. Capsoule owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Capsoule’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Capsoule Application.
Prohibited Countries Policy and Foreign Trade Regulation-Applications. Capsoule Applications or their underlying technology may not be downloaded to or exported or reexported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the Capsoule Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS-Apple
1. These Terms of Use are an agreement between you and Capsoule, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. Capsoule grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Capsoule is a memory time capsule that allows users to capture the memories of loved ones digitally in one location to preserve the evolution of life.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this release you expressly waive any protections that legally may be waived (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach these Terms of Service, your improper use of the Services or your breach of any law or the rights of a third party.
Using Capsoule
In connection with using or accessing the Services you will not:
• Post or upload content or items in inappropriate categories or areas on our sites;
• Post adult content of any kind;
• Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
• Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• Post false, inaccurate, misleading, defamatory, or libelous content;
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Capsoule, or the interests or property of users;
• Use any robot, spider, scraper or other automated means to access our Services for any purpose;
• Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• Bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• Export or reexport any Capsoule application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Capsoule, or that comes from the Services and belongs to another Capsoule user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Capsoule and/or any other party holding the right to license such use;
• Commercialize any Capsoule application or any information or software associated with such application;
• Harvest or otherwise collect information about users without their consent; or
• Circumvent any technical measures we use to provide the Services.
Your postings also must not contain the following:
• Securities/Investor Relations-Related Content. Forward-looking content or comments related to Capsoule or other companies which speak to stock price, financial health or outlook, obligations to investors, or other Investor Relations-related responsibilities;
• Confidential Content. Content which discloses any confidential or nonpublic third party information which you do not have permission and/or authority to disclose;
• Disparaging Content. Content that disparages any person or entity, including Capsoule and any entity affiliated with Capsoule, and/or any of their respective products or services;
• Content Contrary to Law or Public Policy Content relating to matters that are contrary to law, regulation or public policy in any of the United States, Switzerland, or accounts of the European Union.
• Infringing Content Content that violates or infringes the rights of any person or entity including, but not limited to, privacy, publicity and/or intellectual property rights, including the copyrights and brand rights of Capsoule and/or of third parties;
• Hateful Content. Content that is hateful, tortious, defamatory, slanderous, libelous, or obscene;
• Discriminatory Content. Content that promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Spam. We observe and enforce a zero-tolerance policy for posting sales pitches for outside products or services or posting comments that drive traffic to a third party’s Web site (including for personal, political or monetary gain).
If we believe you are abusing Capsoule in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Fees
The fees we charge for using our Services are listed on our app. We may change our seller fees from time-to-time by posting the changes on the Capsoule app or website 14 days in advance, but with no advance notice required for temporary promotions.
Capsoule is a trademark of Capsoule Applications, LLC and/or its affiliates. All rights are reserved. These and other Capsoule graphics, logos, service marks and trademarks of Capsoule Applications, LLC and its affiliates may not be used without the prior written consent of Capsoule Applications, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Web site or in any materials relating to our Services are the property of their respective owners.
You expressly agree that use of Capsoule’s Services is at your sole risk. Neither Capsoule Applications, LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this App or Web site will be uninterrupted or error free, nor do they make any warranty as to any of Capsoule’s Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the App or Web site.
Limitation of Liability. IN NO EVENT SHALL CAPSOULE’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CAPSOULE OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH CAPSOULE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS APP OR WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH CAPSOULE, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF CAPSOULE OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays. USE OF THIS APP OR WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CAPSOULE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
A. Copyright and Limited License
Unless otherwise indicated, the App and Web site and all content and other materials therein, including, without limitation, the Capsoule logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Capsoule or its licensors or users and are protected by U.S. and international copyright laws.
B. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via this App or Web site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Capsoule Applications, LLC
Attn: Sam Belt
1736 E. Dover Street
Broken Arrow, OK 74012 USA
email: admin@thecapsoule.com
Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Capsoule has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Capsoule may also, in its sole discretion, limit access to this App or Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
C. Third Party Site Materials
Capsoule may provide third party content on this Web site and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Capsoule is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
D. Advertisements and Promotions; Third-Party Services and Services
Capsoule may display advertisements and promotions from third parties on this Web site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Capsoule is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Capsoule advertisers or third party information on this App or Web site.
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Capsoule, this App, Web site and our Services (collectively, “Ideas”). Ideas, whether posted to this App, Web site or provided to Capsoule by e-mail or otherwise are entirely voluntary, nonconfidential, gratuitous and noncommittal. Capsoule shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, nonexclusive right to create text hyperlinks to this Web site for noncommercial purposes, provided such links do not portray Capsoule in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Capsoule’s logo or other proprietary graphics to link to this App or Web site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Capsoule trademark, logo or other proprietary information, including the images found at this App or Web site, the content of any text or the layout/design of any page or form contained on a page on this App or Web site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Capsoule or any third party.
Capsoule makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web sites accessible via hyperlink or web sites linking to this App or Web site. Such sites are not under the control of Capsoule is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Capsoule and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Capsoule of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Web site.
In the course of providing Services and information via this App or Web site, Capsoule will deliver to you content, materials and other information which is confidential, proprietary to Capsoule, or which constitutes a “trade secret” of Capsoule (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Capsoule, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with Capsoule or in any other way detrimental to Capsoule. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Capsoule’s Services, information (whether in written or electronic form) delivered to you in the course of selling Services or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Capsoule and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
Notwithstanding any of these Terms of Service, Capsoule reserves the right, without notice and in its sole discretion, to terminate your license to use this App or Web site and to block or prevent your future access to, and use of, this App or Web site.
Capsoule cannot prohibit minors from visiting this App or Web site. Capsoule must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
These Terms of Service and this App or Web site are created and controlled by Capsoule Applications, LLC, a corporation organized in the State of Oklahoma, U.S.A. The laws of the State of Oklahoma, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Oklahoma, U.S.A., and of the United States District Court for any litigation arising out of or relating to use of or purchase made through Capsoule (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Oklahoma, U.S.A., and agree not to plead or claim in any court of the State of Oklahoma, U.S.A. that such litigation brought therein has been brought in an inconvenient forum.
You and Capsoule each agree that any and all disputes or claims that have arisen or may arise between you and Capsoule relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to Capsoule’s Services, or any products or services sold, offered, or purchased through Capsoule’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (nonclass, nonrepresentative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.Prohibition of Class and Representative Actions and Nonindividualized Relief
YOU AND CAPSOULE 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 CAPSOULE 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 USERS.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to Capsoule should be sent to Capsoule Applications, LLC at 1736 E. Dover Street, Broken Arrow OK 74012. Capsoule will send any Notice to you to the physical address we have on file associated with your Capsoule account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Capsoule are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Capsoule may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Capsoule at the following address: Capsoule Applications ,LLC 1736 E. Dover Street Broken Arrow, OK 74012. In the event Capsoule initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Caspoule account. Any settlement offer made by you or Capsoule shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Capsoule may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Capsoule subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Capsoule may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, 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 users, but is bound by rulings in prior arbitrations involving the same Capsoule user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Capsoule will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Capsoule should be submitted by mail to the AAA along with your Demand for Arbitration and Capsoule will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Capsoule for all fees associated with the arbitration paid by Capsoule on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Capsoule prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Capsoule. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on thecapsoule.com at least 30 days before the effective date of the amendments and by providing notice through the Capsoule Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.
Capsoule may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your Capsoule account or by placing a prominent notice on this Web site. You are responsible for regularly reviewing these Terms of Service. Continued use of Capsoule after any such changes shall constitute your irrevocable and unconditional consent to such changes.
Capsoule may give notice by means of a general notice on this App or Web site, or electronic mail to your e-mail address on record in Capsoule’s account information, or by written communication sent by first class mail or prepaid post to your address on record in Capsoule’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email).
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Capsoule as a result of these Terms of Service. The failure of Capsoule to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Capsoule in writing.
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Capsoule and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
The policies posted on our sites may be changed from time-to-time. Changes take effect when we post them on the Capsoule App or Web site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Service. Such account is owned and controlled by the business entity.
The following Sections survive any termination of these Terms of Service: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210 FREE.