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Terms of Use Agreement

You are visiting a website owned by Newco Capital Group, LLC dba CAPYTAL (“CAPYTAL”). This Terms of Use Agreement (“Agreement”) applies to the websites operated by CAPYTAL, specifically, CAPYTAL.COM and any of CAPYTAL’s affiliates and subsidiaries and associated mobile applications (“Websites,” or each individually, “Website”) on which this Agreement is displayed. This Agreement also applies to your access to, and use of, any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY ADDRESS CIRCUMSTANCES WHERE YOU 9WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

 

By using the Websites, you are entering into a legal agreement to abide by the Agreement you see here, and you are agreeing that you have read and fully understand the Agreement. These Websites are offered and available to users who are eighteen (18) years of age or older. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements and are accessing the Internet from a physical location within the United States of America.  If you do not meet all of these requirements, you must not access or use the Websites.
 

  • For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.

  • “CAPYTAL”, “us” or “we” includes Newco Capital Group, LLC dba CAPYTAL and any of its affiliates or subsidiaries.
     

Prohibited Uses

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You may use the Websites only for lawful purposes and in accordance with this Agreement. You agree not to use the Websites:

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  • 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 United States or other countries);

  • ​To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm CAPYTAL or users of the Websites or expose them to liability.
     

Additionally, you agree not to:

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  • copy/collect CAPYTAL content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand) from the Websites;

  • collect CAPYTAL user information or interfere with CAPYTAL;

  • use the Websites in any manner that could disable, overburden, damage, or impair the Websites or the networks or systems connected to the Websites;

  • use any device, software or instrumentality to interfere with the proper working of the Websites or disobey any requirements, procedures, policies or regulations of networks connected to the Websites.

  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Websites;

  • 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 Websites, the server on which the Websites is stored, or any server, computer or database connected to the Websites;

  • attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;

  • otherwise attempt to interfere with the proper working of the Websites; or

  • advocate, encourage or assist any third party in doing any of the foregoing.
     

You also agree that you will not violate or attempt to violate the security of the Websites. Violations of system or network security may result in civil or criminal liability. CAPYTAL reserves the right to investigate occurrences which may involve such violations and CAPYTAL may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

 

Intellectual Property Rights

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The Websites and their entire contents, features and functionality (including but not limited to the CAPYTAL name, logo, and all related and affiliated names, logos, product and service names, designs, page headers, scripts, slogans, and any and all information, software, text, displays, images, video and audio, graphics, button icons, images, digital downloads, data compilations, software, and the design, selection and arrangement thereof), are owned by CAPYTAL, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You must not use such marks without CAPYTAL’s prior written permission.

CAPYTAL uses a network of independent brokers, contractors, product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Websites. All other trademarks, service marks, product names, package designs and company names or logos associated with these brokers, contractors, product and content suppliers, distributors and other such third parties that are not owned by CAPYTAL but appear on the Websites are the property of their respective owners.

This Agreement permits you to use the Websites for your personal use only. You must not access, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites on a commercial basis, except as follows:

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  • 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;

  • You may print or download one copy of a reasonable number of pages of the Websites for your own personal use and not for further reproduction, publication or distribution on a commercial basis; and

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
     

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of this Agreement, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by CAPYTAL. Any use of the Websites not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other intellectual property laws.

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Disclaimers

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The Websites are made available “as is”, “at your own risk”, and “as available”, without warranty of any kind, either express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement or enjoyment. CAPYTAL makes no guarantee that the Websites are up-to-date, accurate, or complete, and you should not rely on them for any decision or to take any action. CAPYTAL does not warrant that the Websites will meet your requirements and/or are free of interruption or errors, or that any of the Websites are free of viruses, worms, bugs, or other malicious technology.

Limitation of Liability

To the fullest extent permitted by applicable law, CAPYTAL (including its subsidiaries or affiliates) shall not be liable to you or any other person for any damages whatsoever (including any direct, special, exemplary, indirect, incidental, consequential or punitive damages, costs or attorney’s fees) arising out of, or relating to, this Agreement, access to, use of or the operation of the Websites, any of the Websites’ content, whether based on warranty, contract, tort, or any other legal theory.

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Governing Law; Waiver of Class Action; Tester Prohibition

 

Unless otherwise provided for herein, the Terms (including the Privacy Policy incorporated herein) shall be governed in all respects by and construed in accordance with the laws of the State of New York without regard to its conflicts of law principles, unless prohibited by applicable law.

 

YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST CAPYTAL ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FOR THE AVOIDANCE OF DOUBT, ANY LEGAL ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED.

 

You are prohibited from using our Services if you are a “Tester.” For purposes of these Terms, a Tester is defined as “an individual whose primary purpose of using, or attempting to use, the Services is to seek to identify legal violations in connection with the Services.”

 

Dispute Resolution

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There might be an occasion in which you and CAPYTAL are subject to a Dispute (as defined below) that directly or indirectly arises out of, or relates to, these Terms, the Website, or your engagement with CAPYTAL. In the event of such a Dispute, each party hereby agrees to comply with the Mandatory Informal Dispute Resolution Process as set forth below.

 

Mandatory Informal Dispute Resolution Process

 

For any Dispute that arises between you and CAPYTAL concerning or otherwise related to these Terms, the Website, or your engagement with CAPYTAL, each party agrees that it will first make a good faith effort to resolve such a Dispute informally before initiating any formal dispute resolution proceeding, as set forth below.

 

THIS INFORMAL DISPUTE RESOLUTION PROCESS IS A CONDITION PRECEDENT AND PREREQUISITE TO COMMENCING LEGAL ACTION AGAINST CAPYTAL. This informal dispute resolution process requires that one party send a written description of the Dispute, including the nature and basis of the claim and the nature and basis of the specific relief sought (with a calculation for it), to the other party that also includes contact information (name, address, email, phone number) (the “Notice”). For any Dispute you initiate, you agree to send this Notice, along with any other relevant information to info@Capytal.com with the subject line “INFORMAL DISPUTE RESOLUTION.”

 

After the Notice of a party’s intent to engage in the informal dispute resolution process is transmitted and received by the parties, in accordance with the aforementioned instructions, each party hereby agrees to promptly negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between the parties, if the party that receives the Notice requests the same. If either party to the Dispute is represented by counsel, that party’s counsel may participate in the informal dispute resolution process, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the Dispute is not resolved within sixty (60) days after receipt of the fully completed Notice of the informal dispute, each party agrees to the Formal Dispute Resolution Process set forth below. The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enforce the terms of this mandatory informal dispute resolution process and to enjoin the filing or pursuit of an arbitration demand for a party’s non-compliance with this mandatory informal dispute resolution process. A party may also seek monetary relief in connection with this informal dispute resolution process.

 

Formal Dispute Resolution Process

 

Any Dispute that is, directly or indirectly arising out of or relating to these Terms, including access to or use of the Website, that cannot be resolved through the informal dispute resolution process set forth herein shall be resolved exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.

 

Time Bar

 

Any cause of action or claim you may have directly or indirectly arising out of or relating to these Terms, the Website, or your engagement with CAPYTAL must be commenced within one (1) year after the claim or cause of action arises.

 

Terms

 

For purposes of these Terms, the term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy related to CAPYTAL or our relationship with you, including but not limited to, any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms; (iii) claims that arise after the termination of these Terms; and (iv) claims that are the subject of purported class action litigation.

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Indemnification

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To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless CAPYTAL (including any of its subsidiaries, affiliates, licensors, contractors and their respective officers, directors, employees, agents, brokers, and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively, the “Claims”) arising out of or relating to: (i) your access to or use of the Websites; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (iii) your breach of this Agreement.  You shall promptly notify CAPYTAL of any third-party Claims, cooperate with CAPYTAL in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). CAPYTAL reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims.

Questions and concerns regarding this Agreement can be addressed by contacting us via email at info@capytal.com  

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