Welcome to Kapcho Web Solutions (hereinafter referred to as “Kapcho,” “we,” “us,” or “our”). By accessing or using our website located at www.kapcho.com (hereinafter referred to as the “Site”) and any services, resources, or tools offered through the Site (collectively, the “Services”), you (hereinafter referred to as “you,” “your,” or “user”) agree to be bound by these terms and conditions (hereinafter referred to as the “Terms”). If you do not agree to all of the Terms, please do not use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

The Services are not intended for use by individuals under the age of 13. By using the Services, you represent and warrant that you are at least 13 years of age and have the legal capacity to enter into a contract. If you are under the age of 13, please do not use the Services.

Changes to the Terms

We reserve the right to modify the Terms at any time and in our sole discretion. If we make material changes to the Terms, we will provide you with notice through the Services or by other means, such as email. By continuing to access or use the Services after the revisions come into effect, you agree to be bound by the revised Terms. If you do not agree to the revised terms, please stop using the Services.

Changes to the Services

We reserve the right to modify, suspend, or discontinue the Services at any time and for any reason, without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Privacy

Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and share information about you when you use the Services. By using the Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

Intellectual Property

The Services and all content and materials included on the Services, including but not limited to text, graphics, logos, images, and software, are the property of Kapcho or our licensors and are protected by copyright and trademark laws. You may not use any content or materials on the Services for any commercial purpose without the express written consent of Kapcho.

User-Generated Content

By posting, uploading, or otherwise submitting any content to the Services (hereinafter referred to as “User-Generated Content”), you represent and warrant that you have the right to do so and grant Kapcho a perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User-Generated Content throughout the world in any media. You also grant Kapcho the right to use the name that you submit with your User-Generated Content, if any, in connection with the User-Generated Content.

You acknowledge that Kapcho may choose to provide attribution of your User-Generated Content at our discretion. You further grant Kapcho the right to pursue at law any person or entity that violates your or Kapcho’s rights in the User-Generated Content by a breach of these Terms.

You are solely responsible for your User-Generated Content and the consequences of posting or publishing it. You understand that by using the Services, you may be exposed to User-Generated Content that is offensive, indecent, or inappropriate. Kapcho does not endorse any User-Generated Content and is not responsible for the accuracy, reliability, or quality of any User-Generated Content.

User Conduct

You agree not to use the Services for any illegal or unauthorized purpose, or in any way that violates these Terms or any applicable laws or regulations. You agree to comply with all local, state, national, and international laws, rules, and regulations that apply to your use of the Services.

You agree not to engage in any of the following prohibited activities:

• Using the Services to transmit any viruses, malware, or other harmful or destructive code.
• Using the Services to collect or store personal data about other users without their consent.
• Interfering with or disrupting the Services or servers or networks connected to the Services, or violating the regulations, policies, or procedures of such networks.
• Attempting to gain unauthorized access to the Services or any accounts, systems, or networks connected to the Services, or to any of the Services’ servers or networks, whether through hacking, password mining, or any other means.
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity.

We reserve the right to investigate and take appropriate legal action against anyone who engages in any of the prohibited activities listed above, or any other activity that we, in our sole discretion, believe is illegal, unauthorized, or inappropriate.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KAPCHO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KAPCHO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. KAPCHO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. KAPCHO MAKES NO WARRANTY THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

KAPCHO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KAPCHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR INABILITY TO USE THE SERVICES;
• 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 SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
• ANY OTHER MATTER RELATING TO THE SERVICES.

KAPCHO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO KAPCHO, IF ANY, TO ACCESS THE SERVICES.

Indemnification

You agree to indemnify and hold Kapcho and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of the Terms, or your violation of any rights of another.

Governing Law

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in Los Angeles, California.

Miscellaneous

These Terms constitute the entire agreement between you and Kapcho and govern your use of the Services, superseding any prior agreements between you and Kapcho. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of these Terms will remain in full force and effect. The failure of Kapcho to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You may not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without the prior written consent of Kapcho. Kapcho may assign or transfer these Terms or its rights or obligations under these Terms, in whole or in part, without your consent. Kapcho will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Contact Us

If you have any questions about these Terms or the Services, please contact us at [email protected].