Captain Terms of Service
Acceptance of the Terms of Services
These terms of services are entered into by and between You and CaptainHQ Inc., a Delaware corporation ("Captain," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Services"), govern your access to and use of captainhq.com, (the "Captain Website"), our software, mobile and desktop applications (the “Captain Applications”), including any content, functionality and services offered on or the Captain Website and the Captain Applications, whether as a guest or a registered user. Please read the Terms of Services carefully before you start to use the Captain Website and the Captain Applications.
By using the Captain Website and the Captain Applications or by clicking to accept or agree to the Terms of Services when this option is made available to you, you accept and agree to be bound and abide by these Terms of Services and the Captain Privacy Policy, incorporated herein by reference.
If you do not want to agree to these Terms of Services or the Privacy Policy, you must not access or use the Captain Website or the Captain Applications. The Captain Website and the Captain Applications are offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Captain Website and the Captain Applications, you represent and warrant that you are of legal age to form a binding contract with Captain and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Captain Website or the Captain Applications.
Changes to the Terms of Services
We may revise and update these Terms of Services from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Captain Website and the Captain Applications thereafter.Your continued use of the Captain Website and the Captain Applications following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Captain Website and the Captain Applications and Account Security
We reserve the right to withdraw or amend the Captain Website and the Captain Applications, and any service or material we provide on the Captain Website and the Captain Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Captain Website and the Captain Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Captain Website and the Captain Applications, or the entire Captain Website and the Captain Applications, to users, including registered users.You are responsible for both:Making all arrangements necessary for you to have access to the Captain Website and the Captain Applications; and Ensuring that all persons who access the Captain Website and the Captain Applications through your internet connection are aware of these Terms of Services and comply with them.To access the Captain Website and the Captain Applications or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Captain Website and the Captain Applications that all the information you provide on the Captain Website and the Captain Applications is correct, current and complete. You agree that all information you provide to register with the Captain Website and the Captain Applications or otherwise, including, but not limited to, through the use of any interactive features on the Captain Website and the Captain Applications, is governed by the Captain Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Captain Privacy Policy.If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Captain Website and the Captain Applications or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Services.
Using the Payment Functionality of the the Captain Website and the Captain ApplicationsUnverified Customer Records (Homeowners)
In order to use the payment functionality of our application, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize Captain to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by Captain, not Dwolla. Captain will provide customer support for your Dwolla Account activity, and can be reached at servicing@captainhq.com.
Receive Only Users (Contractors)
If you register to create an account to receive payments via our application, you expressly authorize Captain’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize Captain to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.
Ownership of the Intellectual Property Rights
The Captain Website and the Captain Applications and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Captain, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Captain Website and the Captain Applications, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide the Captain Website and the Captain Applications with certain content, you may take such actions as are enabled by such features. You must not:Modify copies of any materials from the Captain Website and the Captain Applications. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you wish to make any use of material on the Captain Website and the Captain Applications other than that set out in this section, please address your request to: info@captainhq.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Captain Website and the Captain Applications in breach of the Terms of Services, your right to use the Captain Website and the Captain Applications will cease immediately and you must, at Captain’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Captain Website and the Captain Applications or any content on the Captain Website and the Captain Applications is transferred to you, and all rights not expressly granted are reserved by Captain. Any use of the Captain Website and the Captain Applications not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark and other laws.
Trademarks
The Captain name, the Captain logo and all related names, logos, product and service names, designs and slogans are trademarks of Captain or its affiliates or licensors. You must not use such marks without the prior written permission of Captain. All other names, logos, product and service names, designs and slogans on the Captain Website and the Captain Applications are the trademarks of their respective owners.
Prohibited Uses
You may use the Captain Website and the Captain Applications only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Captain Website and the Captain Applications:In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in these Terms of Services. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. To impersonate or attempt to impersonate Captain, a Captain employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Captain Website and the Captain Applications, or which, as determined by us, may harm Captain or users of the Captain Website and the Captain Applications, or expose them to liability. Additionally, you agree not to: Use the Captain Website and the Captain Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Captain Website and the Captain Applications, including their ability to engage in real time activities through the Captain Website and the Captain Applications. Use any robot, spider or other automatic device, process or means to access the Captain Website and the Captain Applications for any purpose, including monitoring or copying any of the material on the Captain Website and the Captain Applications.Use any manual process to monitor or copy any of the material on the Captain Website and the Captain Applications, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent. Use any device, software or routine that interferes with the proper working of the Captain Website and the Captain Applications. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Captain Website and the Captain Applications, the server on which the Captain Website and the Captain Applications is stored, or any server, computer or database connected to the Captain Website and the Captain Applications. Attack the Captain Website and the Captain Applications via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Captain Website and the Captain Applications.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Captain Website and the Captain Applications.All User Contributions must comply with the Content Standards set out in these Terms of Services.Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Captain Website and the Captain Applications, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.All of your User Contributions do and will comply with these Terms of Services. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Captain, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Captain Website and the Captain Applications.
Monitoring and Enforcement; Termination
We have the right to:Remove or refuse to post any User Contributions for any or no reason in our sole discretion.Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Services, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Captain Website and the Captain Applications or the public or could create liability for Captain. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Captain Website and the Captain Applications. Terminate or suspend your access to all or part of the Captain Website and the Captain Applications for any or no reason, including without limitation, any violation of these Terms of Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Captain Website and the Captain Applications. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Captain Website and the Captain Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Services and the Captain Privacy Policy. Be likely to deceive any person.Promote any illegal activity, or advocate, promote or assist any unlawful act.Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.Impersonate any person, or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact Captain at info@captainhq.com. It is the policy of Captain to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Captain Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Captain Website, or by anyone who may be informed of any of its contents.The Captain Website and the Captain Applications may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Captain, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Captain. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Captain Website and the Captain Applications
We may update the content on the Captain Website and the Captain Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Captain Website and the Captain Applications may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Captain Website and the Captain Applications
All information we collect on the Captain Website and the Captain Applications is subject to the Captain Privacy Policy. By using the Captain Website and the Captain Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Purchases, Transactions and Other Terms and Conditions
All purchases and other transactions formed through the Captain Website and the Captain Applications, or as a result of visits made by you are governed by the applicable agreements by and between you and Captain or an affiliate or subsidiary of Captain (“Captain Agreements”), which are hereby incorporated into these Terms of Services.Additional terms and conditions may also apply to specific portions, services or features of the Captain Website and the Captain Applications. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Services.All payments made by Captain, on behalf of a contractor, for materials and labor/subcontractor expenses are payments of the advance amount due and payable to the contractor for the repair contract receivable purchased by Captain from the contractor. See Master Agreement/Service Attachment (Receivables Purchasing Program) between Captain and the contractor. For federal income tax reporting and accounting purposes, Captain and the contractor will treat each payment of the advance amount by captain as payment of the purchase price for the purchased repair contract receivable.All contractors participating in the Captain Receivables Purchasing Program shall retain all of their obligations under each repair contract with a property owner and the applicable statement of work (“Contract/SOW”), and no assignment of insurance proceeds or deductible by a homeowner and/or a contractor to Captain, shall be deemed a delegation to Captain of any of the contractor's obligations. Captain is not responsible for the performance of any Contract/SOW and is not under any liability whatsoever in the event of any failure by a contractor or any of its subcontractors or agents to perform its obligations. Captain shall have no obligation to intervene in any dispute between a contractor and a property owner arising out of the performance of any Contract/SOW. No claim which a Contractor may have against Captain or any other party shall affect any obligation of the Contractor or any of its subcontractors or agents to perform any of its obligations under a Contract/SOW, nor shall any such claim be used as a defense or as set-off, counterclaim or cross-complaint as against the performance of any of such obligations.
Linking to the Captain Website and the Captain Applications and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Captain Website and the Captain Applications may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on the Captain Website and the Captain Applications. Send e-mails or other communications with certain content, or links to certain content, on the Captain Website and the Captain Applications. Cause limited portions of content on the Captain Website and the Captain Applications to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Captain and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:Establish a link from any website that is not owned by you. Cause the Captain Website and the Captain Applications or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.Link to any part of the Captain Website and the Captain Applications other than the homepage.Otherwise take any action with respect to the materials on the Captain Website and the Captain Applications that is inconsistent with any other provision of these Terms of Services.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Services. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Captain Website and the Captain Applications
If the Captain Website and the Captain Applications contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Captain Website and the Captain Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Captain Website and the Captain Applications is based in the in the United States. We provide the Captain Website and the Captain Applications for use only by persons located in the United States. We make no claims that the Captain Website and the Captain Applications or any of its content is accessible or appropriate outside of the United States. Access to the Captain Website and the Captain Applications may not be legal by certain persons or in certain countries. If you access the Captain Website and the Captain Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Captain Website and the Captain Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Captain Website and the Captain Applications for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.YOUR USE OF THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS IS AT YOUR OWN RISK. THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAPTAIN NOR ANY PERSON ASSOCIATED WITH CAPTAIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CAPTAIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CAPTAIN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CAPTAIN AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $500.The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Captain, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Services or your use of the Captain Website and the Captain Applications, including, but not limited to, your User Contributions, any use of the Captain Website and the Captain Applications' content, services and products other than as expressly authorized in these Terms of Services, or your use of any information obtained from the Captain Website and the Captain Applications.
Governing Law and Jurisdiction
All matters relating to the Captain Website and the Captain Applications and these Terms of Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).
Arbitration
ARBITRATION Any dispute between the parties, controversy or claim arising out of or relating to this Agreement shall only be settled by arbitration in Louisville, Kentucky, by one arbitrator, in accordance with the rules substantially similar to the rules of the American Arbitration Association and shall be enforceable in any Kentucky court having competition jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CAPTAIN WEBSITE AND THE CAPTAIN APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Captain of any term or condition set forth in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Captain to assert a right or provision under these Terms of Services shall not constitute a waiver of such right or provision.If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Services will continue in full force and effect.
Entire Agreement
The Terms of Services, the Captain Privacy Policy, and any applicable Captain Agreements constitute the entire agreement between you and Captain with respect to the Captain Website and the Captain Applications and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Captain Website and the Captain Applications.
Your Comments and Concerns
The Captain Website and the Captain Applications are operated by: Captain 4901 E Cesar Chavez, Austin, TX 78702 info@captainhq.com (415) 704-7635 All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Captain Website and the Captain Applications should be directed to: info@captainhq.com.
