Terms of Use

Welcome to our website. This site is managed as a service to our customers. By accessing or using any part of this site, you agree to follow and be bound by these terms and conditions. Please review these terms carefully. If you do not agree with these terms, you should refrain from using this website.

Any purchases of products or services from Capsella will be subject to separate terms and conditions.

Agreement

This Terms of Use agreement (the “Agreement”) sets out the terms and conditions for accessing and using Capsella’s website (the “Site”). This Agreement may be amended at any time by Capsella, with changes becoming effective immediately upon posting. You can view the latest version of these terms at any time at https://capsellaacademy.com/terms-of-use. Your continued use of the Site after any changes confirms your acceptance of those changes. References to “we,” “us,” “our,” or “Capsella” refer to Capsella Performance Optimization, Inc.

Privacy

Your use of our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://capsellaacademy.com/privacy-policy/.

Ownership

All content on this site remains the property of Capsella or its content providers and is protected by applicable copyright, patent, trademark, and other intellectual property rights. You will not acquire any ownership rights or other interests in the content through your use of this Site.

Intended Audience

This site is intended solely for adults. It is not intended for children under the age of 13.

Site Use

Capsella grants you a limited, revocable, nonexclusive license to access and use this site for personal use only. You may not republish, distribute, assign, sublicense, sell, prepare derivative works from, or engage in any other form of unauthorized use of the site. You agree not to copy materials from the site, reverse engineer, or attempt to break into the site, nor use the site’s materials, products, or services in violation of any law. 

You also agree not to (i) violate the security of the site or attempt unauthorized access to any data, materials, systems, or networks associated with the site, through hacking, password cracking, or any other means; (ii) engage in activities that, at Capsella’s discretion, could impose an unreasonable or disproportionate burden on the site or its infrastructure; (iii) use or attempt to use any “scraper,” “bot,” “spider,” “data mining tool,” or any other automated means to access or collect content from the site without prior written consent from Capsella; or (iv) forge headers or manipulate identifiers to disguise the origin of any content. Your use of the site is subject to Capsella’s discretion, and Capsella reserves the right to terminate your access to the site at any time.

Compliance with Laws

You agree to comply with all applicable laws while using the Site and to refrain from any actions that could compromise the security or functionality of the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Capsella, along with our partners, employees, and affiliates, from any liability, loss, claims, or expenses, including reasonable attorney’s fees, arising from your violation of this Agreement or misuse of the Site.

Disclaimer

THE INFORMATION PROVIDED ON THIS SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. CAPSELLA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR JURISDICTION DOES NOT ALLOW SUCH LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO YOUR USE OF THE SITE IS TO STOP USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPSELLA BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE SITE, YOUR USE OF THE SITE, OR THE CONTENT, EVEN IF CAPSELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION PROVIDED ON THIS SITE. 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP USING THE SITE. WHILE CAPSELLA MAKES REASONABLE EFFORTS TO SCREEN THE SITE FOR VIRUSES, TROJAN HORSES, AND OTHER DESTRUCTIVE CODE, CAPSELLA CANNOT GUARANTEE THAT THE SITE IS FREE OF INFECTIONS OR THAT IT WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS.

You may have additional rights under certain laws, including consumer protection laws, which may limit the exclusions of implied warranties or the limitations of certain damages. In such cases, the exclusions or limitations in this Agreement that conflict with such laws may not apply to you.

Use of Your Information

Capsella reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and any information you provide in accordance with our Privacy Policy.

Applicable Law

You agree that the laws of the state of Delaware, without regard to its conflict of law principles, will govern this Agreement and any dispute between you and Capsella or its affiliates.

Severability

If any provision of this Agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the extent necessary, so that the remainder of this Agreement remains in full force and effect.

Waiver

The failure of Capsella to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Capsella must be in writing and signed by an authorized representative of Capsella.

Termination

Capsella may terminate this Agreement at any time, with or without notice, for any reason. Sections 7, 8, 9, and 15 will survive termination.

Relationship of the Parties; Third-Party Rights

Nothing in this Agreement or your use of the Site shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and Capsella. Neither party has the authority to incur, assume, or create any obligation or liability in the name of or on behalf of the other party. Both parties remain independent contractors. Sections 7, 8, and 9 are for the benefit of Capsella and its affiliates, licensors, employees, and agents, each of whom has the right to assert and enforce these terms against you.

Entire Agreement

This Agreement constitutes the complete and exclusive agreement between you and Capsella regarding your use of the Site, superseding any prior or contemporaneous communications or proposals, whether written, oral, or electronic. In addition to this Agreement, you may be subject to additional terms, policies (including the Privacy Policy), guidelines, or rules that apply when using the Site.