CAPPSURE IT

Terms and Conditions

Terms of Service

These terms and conditions (these “Terms of Service” or this “Agreement”) apply to your access to and use of this website located at (cappsure.com the “Site”) or mobile applications (the “Applications”) provided by Cappsure Inc. (“Cappsure”, “we”, or “us”). The Site, services provided by Cappsure and the Applications are collectively referred to as the “Services”. cappsure it! is a proposal creation and service reporting product provided to individuals or entities seeking landscaping services (collectively referred to as “Users” or “you”).


Conditions of Use

Please read this Agreement carefully as your access to and use of the Services hereby constitutes your acceptance and agreement to be bound by all of the terms and conditions contained in this Agreement.

These Terms of Service constitute a contract between you and Cappsure. This Agreement expressly supersedes any and all prior agreements between you and Cappsure. Your access to and use of the Services constitutes your acknowledgement and representation that you are at least eighteen (18) years of age and that you have read, understood and agree to be bound by the terms of this Agreement. If you disagree with any part of this Agreement, you do not have permission to and so should not access or use the Services.

Cappsure reserves the right, at our sole discretion, to modify the terms of this Agreement, our Privacy Policy, or our pricing structure at any time. Revisions will become effective upon being posted to the Site. Your continued access to and use of the Services after any revisions have become effective constitutes your agreement to the new terms. If you do not agree with any part of the new terms, your sole recourse is to immediately discontinue use of the Services.

In addition to these Terms of Service, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here and it is incorporated by reference into these Terms of Use. Your access to and use of the Services also constitute your acknowledgement and agreement to our Privacy Policy.


Our Services

cappsure it! includes functionality that helps Users to create landscape proposals with photographs and a satellite map detailing the areas of proposed service; to generate maintenance reports informing clients what areas on their property were served; to prepare invoicing of parts reports in the field; and to perform other related tasks.


License to Use Services

Subject to the terms and conditions of this Agreement, Cappsure hereby grants you a limited revocable, non-exclusive, non-sublicensable, non-transferable license to use our Services for the sole purpose of your personal, non-commercial use (other than purchasing or providing the services featured on the Site).

Regarding the Application in particular, Cappsure grants you a limited, non-exclusive, non-sublicensable, non-transferable license to download, install and use a copy of the Application on a single computer, tablet, or mobile device that you own or control. The Application is licensed, not sold, to you. Except as expressly granted by this Agreement, you shall acquire no right, title, license or other interest in or to the Application or to any data, software, content, updates or other materials accessed by means of or incorporated into the application. Capsure may, at its sole discretion, provide updates, support or maintenance relating to the Application. If provided, updates may be delivered automatically. You authorize Capsure to deliver automatically any update that Cappsure believes, in its sole discretion, to be necessary to the Services. Your use of updates to the Application will be governed by this Agreement.

This Agreement does not transfer from Cappsure to you any Cappsure or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cappsure. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent and other intellectual property laws. All graphical content, video, data, text and other content made available through the Services are provided to Users solely to support Cappsure’s permitted use of the Services. Cappsure retains all rights in the Services and any copyrights, trademarks, patents, trade secrets, or other intellectual property rights.


User Accounts

You must create an account with Cappsure (“Cappsure Account” or “your Account”) in order to gain access to the Site and Applications. When you create an account with Cappsure, you guarantee that the information you provide us is accurate, complete, and current at all times. You agree to update your Account whenever needed, to keep this information accurate, complete, and current. Cappsure may terminate the account of any User who has not provided or maintained accurate, complete, and current information about themselves and/or maintained a credit card on file after its expiration.

You are responsible for maintaining the confidentiality of your Account and password, including, but not limited to, restricting access to your computer, tablet, or mobile device. You are responsible for monitoring the activity that occurs under your Account as you are solely liable for all such activity. You agree not to permit any other person to use your Cappsure Account to access or use the Services. Any unauthorized use of your Account must be immediately reported to Cappsure. We are not liable for any harm which may occur by your disclosure of your Account credentials or because you have allowed another person to access or use your Account.

You may terminate your Cappsure Account at any time through your Cappsure profile. Once we have processed your termination, we will delete your personally identifiable information except information that may be needed for legal or payment reconciliatory matters.


Payment & Cancellation Policy

By creating an account with Cappsure, you agree to pay and be responsible for all applicable charges and fees for use of the Services. Cappsure fees are nonrefundable, to the fullest extent permitted by law. Users are required to maintain at least one valid and operational credit/debit card on file with our payments processor.

Monthly subscription fees are billed at the commencement of the subscription and thereafter every month on the anniversary of the date of commencement, for a period of either three (3) or six (6) months, depending on which subscription was chosen by the User. Yearly subscription fees are billed every month, from the commencement of the subscription, unless renewed. If you have obtained a fifteen (15) day trial subscription, you acknowledge and agree that after the free trial expires, you will be automatically enrolled into a three (3) month subscription plan. You may cancel the subscription at any time after the end of your subscription by signing into your Cappsure Account.

Refunds may be permitted under extraordinary circumstances and at Cappsure’s sole discretion. Refunds that are provided place no obligation on Cappsure to provide the same or similar refunds in the future.

You acknowledge and agree that Cappsure may use third-party service providers to process all payments, subject to our Privacy Policy and to the extent permitted by applicable law.

Cappsure uses Authorize.net for payment processing. In order for you to use Authorize.net’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Authorize.net. The MSA is available at http://www.authorize.net/files/Authorize.Net_Service_Agreement.pdf. Your access to and use of the Services constitutes your acknowledgement of and agreement to be bound by the terms of Authorize.net’s MSA. Cappsure is not a party to the MSA. Cappsure has no obligations or liability to you under the MSA. If you have any questions regarding the MSA, please contact Authorize.net at 1-877-447-3938.

You may cancel the Services at any time, but such cancellation shall not be effective until the expiration of any prepaid billing period. You are not entitled to refunds for Services for which you have already paid, including, without limitation, automatic monthly payments.


Restrictions on Use

Cappsure is committed to keeping our Site and Applications safe. In order to help Cappsure with this goal, you hereby represent and warrant that you will not (and will not allow any third party to):

  • Violate or infringe the intellectual property or other rights of Cappsure or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy and/or other proprietary rights;
  • Solicit Cappsure Account information or otherwise attempt to use a Cappsure Account which does not belong to you;
  • Use any software, code, or process that will interfere with the Services in any way;
  • Use our Services for any illegal purposes;
  • Install any viruses, worms, malware, Trojan horses or other harmful or destructive computer code or content;
  • Use a robot, spider, or other manual or automatic device or process to access the Site or Applications, or data-mine, scrape or copy any Cappsure content without Cappsure’s express written permission;
  • Reverse engineer, decompile, modify in any way, make derivative works of, or disassemble any part of the Services, except as may be permitted by applicable law;
  • Access the Services in order to build a competitive product or service or to copy any ideas, features, functions, or graphics;
  • Post, upload or otherwise disseminate any material that is pornographic, offensive, threatening, profane, defamatory, or otherwise unlawful; or
  • Distribute, rent, lease, license, transfer, sell, publicly perform or display, transmit, stream, broadcast, or otherwise commercially exploit the Services unless it is within the permissible scope permitted by this Agreement.

Termination and Cancellation

Cappsure may suspend your use of the Services or may terminate this Agreement at any time, with or without notice or explanation, for any reason or no reason at all. Cappsure may suspend your access to the Site or your Cappsure Account if we believe you have violated any term in this Agreement. You acknowledge and agree that Cappsure shall not be liable to you for termination of this Agreement, or for any damages, which may result from termination of this Agreement.

Any suspension or termination shall not affect your obligations to Cappsure under these Terms of Service. All provisions of these Terms of Service that by their nature should survive the suspension or termination of your use of the Services or these Terms of Service shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the provisions under the Miscellaneous section.


User Content

The material you post, transmit or otherwise make available using our Services, whether text, graphics, audio files, or computer software, is referred to as “User Content”.

You are solely responsible for the User Content that you post, transmit or otherwise make available through the Services, and you retain all rights in such content. However by providing User Content to Cappsure, you grant Cappsure a world-wide, royalty-free, non-exclusive, non-terminable license to reproduce, create derivative works of, modify, adapt, publish, publicly perform, publicly display, transmit, broadcast, sublicense, or otherwise use, in any manner, the User Content without further consent from, further notice to or additional compensation to you or to any other person or entity. This may include, without limitation, use in connection with our business and our marketing and advertising, and in connection with the businesses and the marketing and advertising of our successors, parents, subsidiaries, affiliates and their related companies; and resale of information gathered from edits, or modification to search results. Cappsure reserves the right to exercise this grant in any format, media or technology, now known or later developed.

You represent and warrant that your User Content solely and exclusively belongs to you or that you possess all rights, title, releases, licenses, and consents necessary to grant Cappsure the above license to the User Content. You further represent and warrant that your User Content and the publishing of such content, including Cappsure’s use of your User Content, shall not misappropriate, misuse, or otherwise violate any third party’s intellectual, proprietary, privacy or any other rights or violate any applicable law or regulation. You are solely liable for any liability or damage that may arise or result from your failure to obtain permission to post or otherwise use the intellectual property of others, or any other harms that may result from the User Content that you submit.

Cappsure does not guarantee the confidentiality of any User Content even if it is not published on the Site. You are solely responsible for protecting any intellectual property rights you may have in your User Content and Cappsure does not and will not accept any liability for the same.

Cappsure may, but has no obligation to, monitor, screen, review, edit or reinstate User Content at our sole discretion for any reason or no reason, with or without notice to you. We are under no obligation to retain or provide you copies of your User Content, and we do not guarantee that such User Content is or will remain confidential.


Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED HEREIN. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. CAPPSURE, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL FUNCTION ERROR-FREE AND UNINTERRUPTED; OR THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR OR ANY THIRD PARTY’S EXPECTATIONS OR REQUIREMENTS.

CAPPSURE IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND WE WILL NOT IN ANYWAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY.

YOU ARE RESPONSIBLE FOR YOUR PASSWORD AND ACCOUNT. CAPPSURE IS NOT RESPONSIBLE OR LABILE IN ANY WAY IF ANY PERSONAL INFORMATION PROVIDED BY YOU IS MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.


Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPPSURE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTORS, LICENSORS AND AFFILIATES SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OR USE OF THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND IN SUCH CASE CAPPSURE’S AGGREGATE LIABILITY TO YOU SHALL BE THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE MATERIALS OR SERVICES THAT GAVE RISE TO THE LIABILITY. ANY LEGAL ACTION AGAINST CAPPSURE MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM AROSE OR IT IS FOREVER BARRED.


Indemnification

You agree that Cappsure shall have no liability whatsoever for damages caused, directly or indirectly, by your use of the Services. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cappsure and its officers, directors, shareholders, employees, partners, agents, distributors, licensors and affiliates, and each of our and their respective officers, directors, agents, joint ventures, employees, contractors and representatives, from and against all liabilities, losses, claims and expenses, including but not limited to reasonable attorneys’ fees, in whole or in part arising out of or attributable to: (i) your use of the Services; (ii) your breach of these Terms of Service, including without limitation any representation or warranty contained herein; (iii) any services provided by third-party service providers to Users; (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy rights; (v) submissions by you of User Content that causes damage to a third party; (vi) negligence; or (vii) willful misconduct. In the event you are required under this Indemnification provision to defend us, we will have the right to choose our own legal counsel.


Dispute Resolution

In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Cappsure together.

WE HEREBY AGREE THAT ANY DISPUTE RELATING TO THE SITE, APPLICATIONS, SERVICES, THESE TERMS OF SERVICE OR THE PRIVACY POLICY SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE SERVICE BY EITHER OF US OF A WRITTEN REQUEST. The arbitration will be conducted in San Francisco County, California by a single JAMS, Inc. arbitrator selected jointly by us. At your option, you may participate in all hearings and other arbitral proceedings by telephone, and may at all times be represented by counsel of your choosing. The arbitration will be conducted in English, and will follow JAMS’ Streamlined Arbitration Rules & Procedures. We will have discovery as allowed by California Code of Civil Procedure Section 1283.05. The arbitrator’s decisions may be enforced by any court of competition jurisdiction. This paragraph’s requirement of arbitration shall be without prejudice to your and our ability to seek injunctive relief in court as reasonably necessary to protect intellectual property or other rights.

YOU REPRESENT, WARRANT AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION REGARDING DISPUTE RESOLUTION AND ARBITRATION, AND THAT YOU UNDERSTAND THAT WE ARE VOLUNTARILY GIVING UP THE RIGHT TO A JURY TRIAL AND TO AN APPEAL.

The prevailing party in any action or proceeding arising out of or relating to the Site, Services, these Terms of Service or the Privacy Policy, shall be entitled to recover its reasonable costs and attorneys’ fees. Consistent with that entitlement, the arbitrator in any arbitration conducted pursuant to this arbitration agreement shall award the prevailing party its attorneys’ fees and costs.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, class action, or representative proceeding. Unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

We agree that for any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco California have exclusive jurisdiction and you and Cappsure agree to submit to the personal jurisdiction of such courts.


Choice of Law, Jurisdiction and Venue

These Terms of Service shall be construed in accordance with the laws of the State of California without regard to its conflict of law provisions. Any legal proceeding (not subject to arbitration), brought by either party, that may arise out of, relate to, or be in any way connected with our Services or these Terms of Service shall be brought exclusively in the state or federal courts located in San Francisco, California and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Additionally you agree to submit to the personal jurisdiction of the courts located in San Francisco County for the purpose of litigating all such disputes.


Copyright Infringement

Cappsure respects the intellectual property rights of others and we ask our Users to do the same. It is our policy to honor all takedown requests that comply with the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512, (“DMCA”) and other applicable intellectual property laws. If you believe that material located on or linked to by Cappsure.com violates your copyright, you are encouraged to notify Cappsure’s designated agent via email at copyright@cappsure.com or by mail at 245 Sunpac Road, Henderson, NV 89011. All such notices must comply with the requirements set forth in 17 U.S.C. § 512(c)(3) or it will be returned to the sender unprocessed.


Miscellaneous

These Terms of Service (including our Privacy Policy) constitute the complete and entire agreement of the parties and supersede all other previous agreements, whether oral or in writing.

If any provision in these Terms of Service is held to be invalid or unenforceable, the invalidity of such provisions shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

These Terms of Service and any rights or obligations hereunder are personal and therefore not assignable, transferable, or sublicensable by you except with Cappsure’s prior written consent, but may be assigned by Cappsure without restriction. Any such purported assignment by you without the appropriate prior consent will be null and void and of no force and effect.

These Terms of Service are not intended to and do not in fact create any employment, partnership, joint venture or agency relationship of any kind between you, Cappsure, or any third party.

Any failure by Cappsure to enforce or exercise a right provided in this Agreement is not a waiver of that right.