1. User's Acknowledgment and Acceptance of Terms
4. User’s Submissions to this Website
CAP may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by CAP or its affiliated companies without restriction.
CAP reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. CAP is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of CAP, and CAP does not endorse any such opinions, statements or materials. CAP is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which CAP in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of CAP or another party, illegal or otherwise objectionable to CAP. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that CAP has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
5. Disclaimer of Warranties
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF CAP ‘s INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, CAP MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
CAP EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY CAP WEBSITE USERS ABOUT CAP OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN CAP'S LITERATURE OR ON THIS WEBSITE. CAP EXPRESSLY PROHIBITS CAP WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND CAP IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
6. Limitation of Liability
7. Links to or from Other Websites
Except as otherwise expressly stated by CAP on this Website, CAP is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. CAP expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or is linked from this Website. CAP cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. CAP does not endorse any of the products or services, nor has CAP taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. CAP makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
CAP shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
9. International Use
This Website is controlled and operated by CAP from its offices in New Jersey. Although this Website may be accessible worldwide, CAP makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. CAP, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.10. Children
If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of this Website; and (c) the consequences of any use of this Website by such Minor. Pursuant to 47 U.S.C. Section 230(d) as amended, CAP hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/
11. Special Notices
California Consumer Protection Notice: Under California Civil Code Section 1789.3, California Internet users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Website, please contact CAP Customer Service Department by sending an email to email@example.com
. Please allow 2 to 3 business days for a response to your email inquiry. Currently there are no charges to access or use this Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages and emails when applicable relating to each purchase, emailed to the consumer after said purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
CAP treats email messages and other communications through this Website as private. Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits CAP’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate CAP‘s system or to protect CAP‘s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where CAP receives information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA.
14. Applicable Law, Jurisdiction and Venue
CAP shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond CAP‘s reasonable control, whether or not foreseeable by CAP, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond CAP‘s reasonable control, whether or not similar to those which are enumerated above.
Questions or Comments
. Please allow 2 to 3 business days for a response to your email inquiry.
Updated and effective October 22, 2015.
© 2015 Clip-A-Phone, LLC. All rights reserved.