Terms of Use

Last Updated: March 24, 2023

These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by Capflows, LLC (“Capflows,” “we,” “us,” or “our”).

By using the Site, you agree either individually or on behalf of any organization that you represent that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site. We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and CapFlows will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

1. Privacy Policy. We collect certain data when you use the Site. We will treat such data as described in our Privacy Policy, which is incorporated into these Terms. Our Privacy Policy describes our data collection, use, and sharing practices.

2. Intellectual Property Rights. The “Site” includes its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Site is exclusively the property of Capflows or its licensors. The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or related intellectual property belonging to Capflows or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

3. Product and Service Availability. All offers on the Site are void where prohibited by law. Advertised prices may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Site may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Site are subject to our Terms of Service.

4. Compliance with Laws. When you use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

5. Restrictions on Your Use of the Site.

You may download and print one copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Capflows’s prior written consent.
You will not use the Site for unlawful purposes.
You warrant that all data you provide to us in connection with your access to and use of the Site is true, accurate, and complete.
You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Capflows.
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You will not use the Site to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
You will not engage in activities designed to render the Site or associated services inoperable or to make their use more difficult.

6. No Warranty. The Site is provided “as is,” “as available,” and without any warranty of any kind. Neither Capflows nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Site. Capflows makes commercially reasonable efforts to ensure that all material, data, and other information on the Site is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Capflows does not warrant or guarantee the quality, completeness, timeliness, or availability of the Site or any products. Capflows does not warrant or guarantee that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. Capflows is not responsible for any typographical errors on the Site.

To the maximum extent permitted by applicable law, Capflows expressly disclaims all warranties of any kind with respect to the Site and all products and services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Capflows has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Capflows or in any manner from the Site creates any warranty.

We make no representation that the Site is appropriate or available for use in locations other than the United States. If you choose to access or use the Site from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Site, and any other damage that may be incurred.

Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.

7. Limitation of liability. To the maximum extent permitted by applicable law, in no event will Capflows, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Capflows Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with any products or the Site or your access to or use of, or inability to access or use, the Site (including without limitation the input of personal and other data into the Site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Capflows Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Site or to return the products. Without limiting the foregoing, in no event will Capflows Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

8. Indemnification. You will indemnify, defend, and hold harmless Capflows Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Site, (c) your order of products and services through the Site, or (d) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

9. Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by Capflows. Those links are provided as a convenience and Capflows is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

10. Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Capflows’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Capflows; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame. Capflows reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

11. Feedback. Capflows welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

12. Disputes; Governing Law. These Terms are governed by the laws of the state of Florida, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Hillsborough County, FL, with respect to any dispute arising under these Terms unless otherwise determined by Capflows in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.

13. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with CapFlows and limit the manner in which you can seek relief from us.

If a dispute arises between you and Capflows, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Capflows agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a “Claim”) in accordance with one of the subsections below; except that, in the event of any actual, alleged or threatened violation of confidentiality or violation of the Capflows’s intellectual property or other proprietary rights, Capflows may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Any controversy or claim arising out of or relating to these Terms and/or the services provided by Capflows shall be resolved first by mediation. If controversy or claim is not resolved via mediation, Capflows and you will then resolve the claim via binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue for Arbitration shall be Hillsborough County, FL.

Law and Forum for Disputes - These Terms shall be governed in all respects by the laws of the State of Florida as they apply to Terms entered into and to be performed entirely within Florida between United States residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Capflows must be resolved by a court located in Hillsborough County, FL, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hillsborough County, FL for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Capflows must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Capflows may recover attorneys’ fees and costs up to $1,000, provided that Capflows has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.

Survival. This Arbitration Agreement provision will survive the termination of these Terms.

Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

14. Miscellaneous. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Capflows, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Policy, are the entire agreement between you and Capflows with respect to your access to and use of the Site. Capflows’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Capflows. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Capflows’s successors and assigns. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site. These Terms and any other documentation, agreements, notices, or communications between you and Capflows may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.