Welcome to Capiche Research Corporation! These Terms of Use (the “Terms”) cover your rights and obligations relating to your access and use of the capiche.com website and any other related services provided by us (collectively, the “Service”). As used in these Terms, “we,” “us,” or “our” means Capiche Research Corporation, a Delaware corporation, and “you,” “your,” or “user” means any user that accesses, uses, or attempts to access or use the Service.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY, BINDING ARBITRATION, AND WAIVERS OF THE RIGHT TO A JURY AND CLASS ACTION LAWSUITS. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
We do not intend that the Service be used by anyone under 13 years old. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly revoke the user’s access to the Service and delete any personally identifiable information submitted by that user. Further, you represent and warrant that you have legal authority to enter into these Terms, and that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms. You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.
We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. We will always have the latest Terms posted on the Service.
We make no claim that the Service is appropriate or may be used outside of the United States. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
When you access or use the Service, our collection and use of your personal information is subject to our Privacy Policy, which is incorporated into these Terms. By accessing and using the Service, you grant us the right to use and disclose your information as set forth in our Privacy Policy.
In some cases, you will have the option to share certain information via the Service anonymously. Any information submitted anonymously via the Service will be associated with your Account (as defined below) in our systems, but will not be posted publicly on the Service in a way that identifies you. However, please keep in mind that any information you choose to share non-anonymously on the public areas of the Service, such as responding to a user question or leaving a comment, will be posted publicly on the Service, and you have no expectation of privacy in such information.
Before being able to use the Service, you will be required to first register for a user account (an “Account”). You may do so either through your email address (in which case you may be required to choose a password) or by connecting to a third-party service (such as Twitter or LinkedIn). By connecting to a third-party service provider for this purpose, you are allowing us to pass to, and receive from, such provider your log-in information and other information. Note that your use of any third-party service and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided by you proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to, or share your Account with, any third party. You agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
The Service operates a platform that allows users to view and share reviews, feedback, comments, and other information about third-party services (the “User Content”). All User Content is provided by our users and solely reflects the opinions and views of the users publishing such information. Our role with respect to User Content is limited. As an Internet Service Provider that does only provides access to User Content and that does not control such User Content, we are exempt from liability under Section 230 of the U.S. Communications Decency Act and any similar laws in other jurisdictions. By accessing, using, or attempting to access or use the Service, you understand and agree that:
You may be able to submit, post, or display User Content on the Service (“Your Content”). If you do, you grant us and our subsidiaries and affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, publicly display, translate, and otherwise use Your Content, in any and all media or distribution methods, in connection with the operation of the Service or the promotion, advertising, or marketing of the Service and our business. To the extent that you provide any feedback to us on or about the Service, you agree that such feedback will be subject to the license contained in this paragraph.
By accessing, using, or attempting to access or use the Service, you agree that your use of the Service will be subject to the following restrictions:
Your Content. Your Content will not contain any information or content that (i) violates any intellectual property laws or infringes the proprietary rights of any third parties; (ii) is libelous, defamatory, obscene, pornographic, abusive, threatening, harmful, harassing, or otherwise objectionable; (iii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (iv) is false, deceptive, misleading, or fraudulent.
Compliance with the Law. You will not use the Service for any illegal or unlawful purposes. Your use will not violate any law, regulation or these Terms.
Restricted Activities. You will not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any User Content (excluding Your Content) or any other materials from the Service without our prior written permission. Further, you will not use the Service in any manner that (i) violates the security of any computer network, or cracks any passwords or security encryption codes; (ii) runs Maillist, Listserv, any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure); (iii) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service (through the use of manual or automated means); (iv) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service; (v) circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service; (vi) attempts to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; or (vii) interferes or attempts to interfere with any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities.
If we have determined, in our sole discretion, that you have violated any of the foregoing restrictions, we may exercise any and all legal rights available to us, including, without limitation, terminating your use of the Service.
You may discontinue your use of the Service at any time for any reason. In addition, we reserve the right to take action to limit or prevent your access to our Service, if we, in our sole discretion, deem that such action is necessary based on: (i) your use of the Service in a way that would potentially expose us to liability; (ii) disruption of the Service by you to others; (iii) your violation of these Terms or our Privacy Policy; (iv) your violation of any applicable laws, rules, regulations, and agreements that may apply to you; and (v) your use of the Service in a way that could cause harm to any person. You agree and acknowledge that any termination of your use of the Service will not prevent us from exercising any other legal remedies available to us.
Any provision of these Terms that by its nature and context is intended to survive its termination will continue to apply even after your use of the Service is terminated, whether by you or us. These include, without limitation, provisions related to limitation of our liability, disclaimer of warranties, our intellectual property rights, indemnity, and dispute resolution.
The Service contains important and proprietary property owned by us, including software, that constitutes our trademarks, trade secrets and other intellectual property. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a non-exclusive, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity.
The Service and the materials on the Service (specifically including any User Content, but excluding Your Content) either belong to us or are licensed to us by third parties that grant us permission to use such material, and in any case are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All company or non-profit logos or product names are trademarks or registered trademarks of their respective owners. Nothing contained on these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Service or any information displayed on the Service except: (a) as expressly permitted by these Terms or (b) with our prior written permission or the prior written permission of such third party that may own the trademark or copyright of information displayed on the Service.
We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s access to the Service who is found to have violated any laws related to intellectual property or otherwise infringed on the intellectual property rights of us, our users, or any third parties. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Service, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information, as required by the Digital Millennium Copyright Act of 1998:
For this notification to be effective, you must provide it to our designated agent at the following address:
Austin Smith
Capiche Research Corporation
400-G Treat Ave
San Francisco, CA 94110
a@capiche.com
Our Service is integrated with services provided by third parties. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses and otherwise may provide information on the Service. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of the services or information provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites, businesses or information in any way. Nothing on the Service shall be considered an endorsement, representation, or warranty of anything contained in such third-party communications, including all products or services advertised therein, if any.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (SEE BELOW), AS TO THE SERVICE, THE USER CONTENT, OR ANY OTHER INFORMATION OR MATERIALS ON THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE ARE MAKING THE SERVICE AVAILABLE “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In the event that any third party brings a claim against us and/or our subsidiaries, affiliates, directors, officers, employees, or other agents (collectively, the “Indemnified Parties”) related to Your Content or your actions, information, or any other use of the Service by you, you agree to indemnify, defend, and hold harmless such Indemnified Parties from and against any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) (collectively, the “Claims”) relating to such Claims. We will notify you promptly of any such Claim and will provide you with reasonable assistance, at your expense, in defending any such Claim; provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any Claim for which indemnity is required, and to participate in the defense of any Claim (at our expense) for which indemnity is required. You may not settle any Claim without our prior consent.
You agree to resolve any dispute, claim, or controversy with us and our subsidiaries and affiliates arising out of or relating to your use of the Service in the manner set forth below. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at the address listed at the end of these Terms). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco, and the costs of which shall be divided equally between you and us. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this section titled “Dispute Resolution” or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
YOU AND WE HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If any portion of this arbitration agreement is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. Nothing contained in this section titled “Dispute Resolution” shall limit our ability to take action related to your access to the Service as provided in these Terms.
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of San Francisco. Both you and we consent to venue and personal jurisdiction there.
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by us without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
If you have any questions about these Terms or our Service, please feel free to contact us by email at support@capiche.com.
