Last modified: 05.28.2021
By accessing or using the Website, you agree to this Policy. If you do not agree with the terms of this Policy, do not use the Website or provide any information to us. This Policy may change from time to time and we will post such changes on the Website. Your continued use of the Website after any revisions we make to this Policy are posted on the Website constitutes your acceptance and agreement to those changes, so please check the Website periodically for updates.
1. INFORMATION WE COLLECT.
We may collect the following types of information when you use the Website:
• “Personal Information”: information that identifies you or another person as an individual, such as your or someone else’s name, mailing address, e-mail address, telephone number, IP address, or any other identifier by which you or any other individual may be contacted online or offline.
• “Non-Personal Information”: information that does not identify you as an individual, such as your browser type, your internet connection, the URL of the previous web site you visited, the equipment you use to access the Website, and details about how you use the Website.
2. HOW WE COLLECT YOUR INFORMATION.
We may collect information (i) when you provide it to us, or (ii) automatically through the Website.
Information You Provide to Us. When you use the Website, you may choose to provide us with both Personal and Non-Personal Information, including when you:
• Complete and submit forms on the Website, including registering an account with Company.
• Use the Services.
• Contact us.
• Report a problem with the Website.
Information We Collect Automatically. We do not collect Personal Information automatically, with the exception of IP addresses which may be collected automatically and are only used as described below. Other than IP addresses, we do not collect real-time information about you or your devices via the Website. When you access and use the Website, we may use automatic data collection technologies to automatically collect:
• Usage details (e.g., details regarding your access to and use of the Website); and
• Device information (e.g., information about your computer or mobile device and/or internet connection, including the device’s unique device identifier, operating system, browser type, and/or mobile network information).
If you do not want us to collect this information then please do not use the Website.
The technologies we use for automatic information collection may include “cookies.” A cookie is a small file placed on your browsing device. It may be possible to refuse to accept cookies by activating the appropriate setting on your computer, tablet, or smartphone. However, if you select this setting you may be unable to access certain parts of our Website. Some of our tracking technologies, such as tracking pixels, cannot be declined.
• Do Not Track. “Do Not Track” is a privacy preference that you can set in your web browser. When you turn on the Do Not Track signal, your browser sends a message to websites requesting them not to track you. For information about Do Not Track, visit www.allaboutdnt.org. At this time, we do not respond to Do Not Track browser settings or signals. In addition, we may use other technology that is standard on the internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the Website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
4. HOW WE USE YOUR INFORMATION
We may use the information provided by or collected from you, including Personal Information, in order to:
• Make the Website available to you;
• Provide you with information, products, or Services that you request from us;
• Comply with applicable law;
• Fulfill any other purpose for which you provide or we receive the information; and
• Improve the Website, our products, and the Services.
5. DISCLOSURE OF YOUR INFORMATION
We do not share your Personal Information with third-parties in any manner not described in this Policy.
We may disclose aggregated Non-Personal Information about our users, and information that does not identify any individual, to third-parties to help us improve the Website or for any other commercially valid purposes.
We may disclose your Personal Information:
• To and to contractors, service providers, and other third-parties we use to support our business (“Service Providers”). In such circumstances, the Service Providers may be bound by contractual obligations to keep your Personal Information confidential and use it only for the purposes for which we disclose it to them; however, not all such Service Providers will be bound by such contractual obligations. In such an event your Personal Information will be governed by the Service Providers’ privacy policies.
• To a buyer or successor in the event of a merger, reorganization, dissolution, or other sale or transfer of all or substantially all of Company’s assets or equity interests.
• To fulfill the purpose for which you provide it or we receive it with authorization. For example, if you give us an email address in order for us to provide you more information about the Website or our Services, we will use that email address or that social media credential to provide the requested information to you.
• For any other purpose disclosed by us when you provide Personal Information.
• With your consent.
We may also disclose your Personal Information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company or its affiliates, customers, or others.
6. YOUR CHOICES AND OPTING OUT
We may periodically send you email messages describing news, information, updates, or promotional offers related to the Website, our products, or our Services.
You can “opt-out” of receiving emails from us at any time by following the instructions included in your email and we will make the requested changes. Whether you opt out of receiving promotional emails or not, Company reserves the right to email or otherwise contact you with respect to important information, important notices, or important changes relating to our products and Services.
7. ACCESSING AND CORRECTING PERSONAL INFORMATION
• You can review and change your Personal Information by logging into your account with us; or, if such Personal Information is not available by logging into your account with us, please send us an email at HR@capstoneemail.com to request access to, or to correct or delete any of your Personal Information in our possession. We may not change or delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.
8. DATA SECURITY
The transmission of information via the Internet and the storage of such information is not completely secure. Although we have commercially reasonable security measures in place to protect your Personal Information, we cannot guarantee the security of your Personal Information. You acknowledge and agree that you are providing, or allow us to gather, your Personal Information to us at your own risk. We are not responsible for
failure or circumvention of any privacy settings or security measures we may have in place to protect your
9. CHILDREN UNDER THE AGE OF 13
The Website are not intended for use by children. We do not knowingly collect information from children under the age of 13. If you are under 13, do not use the Website, the Services, or provide any information to Company through the Website. If we learn that Personal Information of a child under the age of 13 is collected, we will delete that information from our systems. If you believe we might have any information from or about a child under 13, please contact us at HR@capstoneemail.com.
We may modify or amend this Policy from time to time. The date this Policy was last revised is identified at the top of the page and the terms of this Policy are effective as of that date.
11. CONTACT INFORMATION
To ask questions or comment about this Policy and our privacy practices, contact us at: HR@capstoneemail.com.
EFFECTIVE DATE: 05.28.2021
4. Trademarks. Our Company name, any Company logos, and all related names, logos, product and service names, designs and slogans used on the Website are trademarks of Company or our affiliates or licensors. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks or trade names.
our Privacy Notice; (e) take actions that would be likely to deceive any person, including, without limitation, to impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity; (f) promote any illegal activity, or advocate, promote or assist in any unlawful act; (g) cause annoyance, inconvenience or needless anxiety to, or upset, embarrass, alarm, or annoy any other person; (h) engage in commercial activities or sales with others, such as contests, sweepstakes and other sales promotions, bartering or advertising, or transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (i) give the impression that your behaviors or comments emanate from or are endorsed by us or any other person or entity.
Further, you may not: (j) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website; (k) use any robot, spider or other automatic device, process or means to access the Website for any reason whatsoever; (l) use any manual process to monitor or copy any of the material on the Website for any reason without our prior written consent; (m) use any device, software or routine that interferes with the proper working of the Website; (n) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (o) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or (p) otherwise attempt to interfere with the proper working of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order related to our Website, including, without limitation, users of our Website. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS MEMBERS, 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.
7. Reliance on Information Posted. The information presented on or through the 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 Website, or by anyone who may be informed of any of its contents. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. This Website 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 Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. 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.
8. Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
9. Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
10. Third Party Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Geographic Restrictions. This Website is provided / hosted in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that the Website or any of its contents 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 our site 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE CONTENT, OR THE ITEMS PROVIDED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY 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.
13. Limitation on Liability. IN NO EVENT WILL COMPANY, ITS MEMBERS, AFFILIATES, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PRODUCT LIABILITY, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN THE EVENT CERTAIN OF THE COMPANY’S LIABILITY TO YOU CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ALL SUCH DAMAGES SHALL BE $100.
15. General Terms.
15.2. Compliance with Legal Requests. You agree that information related to your use of this Website, including information you submit, may be subject to legal process and you understand that we will comply with all applicable legal obligations relating to disclosure of such information and we have no obligation to give you notice of such disclosures.
15.3. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and service providers or suppliers or you and Company as a result of these Terms or your use of our Website.
15.4. No Assignment. These Terms and any rights or licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Company’s written consent.
15.5. Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the state of Washington without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, Company retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. Any legal proceeding must be brought in federal courts sitting in Seattle, WA.
15.6. Injunctive Relief. You agree that Company may bring suit in any court of competent jurisdiction in order to enjoin infringement or other misuse of Company’s or its members, affiliates or licensor’s intellectual property rights.
15.7. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED (if applicable law prohibits a one (1) year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one (1) year that is permitted by applicable law).
15.9. Notices, Questions or Concerns. All notices should be sent to: HR@capstoneemail.com.
All other comments, requests for technical support and other communications relating to the Website should be directed to: HR@capstoneemail.com.