Welcome to CaptiVision

The following describes the terms on which CAPTIVISION, INC. (referred to herein as "CAPTIVISION", "CAPTI.VISION", "WEBSITE", "SITE", "US", "WE", or "OUR") offer you access to our products and/or services.

1. Terms

By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Disclaimer

The materials on this web site are provided "as is". CAPTIVISION makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CAPTIVISION does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

3. The Site Is Not Intended For Children

The Site is intended for adults only. You must be 18 years or older to use this site. You may use this Site if you are domiciled in the United States or Internationally.

4. Fees and Payments

Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

5. Registration Obligations

In consideration of your use of the Site, you represent that you are at least 18 years of age, that you are domiciled in the United States, and are not a person barred from receiving products and/or services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "User Data") and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or CAPTIVISION has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, CAPTIVISION has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Please see our Privacy Policy for further information.

6. Copyright Policy

We respect the intellectual property rights of others, and we ask that you do the same. We will disable and/or terminate the accounts of users who we believe in good faith are infringing on our copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement. Please see our Copyright Policy for further information.

7. Privacy Policy

We take the privacy of our Users information very seriously. Our Privacy Policy is available at WWW.CAPTI.VISION/PRIVACY. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

8. Revisions and Errata

The materials appearing on the CAPTIVISION web site could include technical, typographical, or photographic errors. CAPTIVISION does not warrant that any of the materials on its web site are accurate, complete, or current. CAPTIVISION may make changes to the materials contained on its web site at any time without notice. CAPTIVISION does not, however, make any commitment to update the materials.

9. Indemnity

By accepting this Agreement, you agree to indemnify and hold CAPTIVISION and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys' fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of or relating to (i) any product, content, information or materials that you purchase through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any CAPTIVISION intellectual property or proprietary rights or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights.

10. Limitation of Liability

YOU AGREE THAT CAPTIVISION, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO OR THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. CAPTIVISION's LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO CAPTIVISION DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

11. Modifications

CAPTIVISION may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

12. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your User account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Site will immediately cease. You may terminate your User account at any time and for any reason, and we will make available through the Site reasonable means for you to do so. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

Any claim relating to the CAPTIVISION web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.General Terms and Conditions applicable to Use of a Web Site.