Kapushion: Legal

ACCEPTANCE OF TERMS

This website is owned and operated by Kapushion Design. Kapushion Design offers this site, including all information, tools and services to you conditioned upon your acceptance of the Terms of Use and the terms and conditions of any policies and notices in the website. Please read the following Terms of Use carefully before using this Website – by using the site, you agree to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use the Kapushion Design website. These Terms of Use apply only to your use of the Website and do not apply to any other Website or any Kapushion Design product or service, nor change any other agreement that may exist between you and Kapushion Design. Kapushion Design reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the website following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

ACCURACY AND COMPLETENESS OF INFORMATION

Kapushion Design is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

YOUR USE OF THE SITE

All content on this site (including but not limited to, code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property of and owned by Kapushion Design, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide.

You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that Kapushion Design publishes or broadcasts on this site or makes available for download through the site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content. Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services or portions thereof obtained from the site, is expressly prohibited. Kapushion Design, its licensors and/or content providers currently retain and shall retain full and complete ownership and title in and to the materials provided on this site, including all enabling software rights thereto, and provide this material to you under a license that is revocable at any time in Kapushion Design’s sole discretion. Kapushion Design neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.

As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via this website, including but not limited to the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on enabling software rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms r any other form of malware; political campaigning; or chain letters; mass mailings; or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any materials or content. You may not upload commercial content onto the site.

If you do submit materials and content, and unless we expressly indicate otherwise, you hereby grant Kapushion Design an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Kapushion Design is free to use any ideas, information, concepts, and/or know-how that you or anyone acting on your behalf provide to Kapushion Design. You grant Kapushion Design the right to use the name you submit in connection with such materials or content, if Kapushion Design elects to do so. All personal information provided via this site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the materials and content you post; that the materials and/or content are accurate; that use of the materials and/or content you post or provide do not violate any provisions of the Terms of Use and will not cause injury to any individual or entity; and that you will indemnify Kapushion Design for all claims resulting from materials and content you post or provide.

DISCLAIMERS

Except where otherwise expressly provided, this site and all materials and content therein are provided on an “as is” and “as available” basis. Kapushion Design hereby expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for any particular purpose, or non infringement. Kapushion Design makes no warranty that the site, materials and content will meet your requirements, will be available on an uninterrupted or secure basis, or that the quality of any materials or content obtained by you on or through the site will meet your expectations.

If you download any material or content from this site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material or content.

LIMITATIONS OF LIABILITY

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Kapushion Design be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer or software failure or malfunction.

You specifically acknowledge and agree that neither Kapushion Design nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Kapushion Design is to discontinue your use of the site. you and Kapushion Design hereby agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

EXCLUSION OF LIMITATIONS

Some jurisdictions do not allow disclaimers, exclusions or limitations of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so all or a portion of the above limitations may not apply to you. In such event, and notwithstanding that any disclaimer, exclusion, or limitation of liability may not apply to you, all other provisions of this terms of use shall apply, and remain in full force and effect.

INDEMNIFICATION

You agree to defend, indemnify and hold Kapushion Design harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the site. Copyright Notice Unless otherwise noted, the graphic images, buttons and text contained in this site (Graphics) are the exclusive property of Kapushion Design. Except as otherwise expressly authorized in the Terms of Use, the Graphics may not be copied, published, distributed, displayed, reproduced, or transmitted, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Kapushion Design.

TRADEMARKS

This website features logos, brand identities and other trademarks and service marks (the “Marks”) that are the property of, or are licensed to Kapushion Design, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without written permission of Kapushion Design or any third party that may own a Mark displayed on the site. Kapushion Design reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

LINKS TO THIRD PARTY SITES

As a convenience to visitors and users, this website may link to other sites owned and operated by third parties and not owned or maintained by Kapushion Design. However, even if such third parties are affiliated with Kapushion Design, Kapushion Design has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Kapushion Design. Kapushion Design is not and shall not be responsible for the materials or content of any linked sites and does not make any representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.

Kapushion Design respects your Privacy, and has developed a policy to address privacy concerns. For more information, please see Kapushion Design’s Privacy Policy. Any personal information collected on this site will be treated in accordance with Kapushion Design’s Privacy Policy.

MINORS’ USE OF SITE

Minors (individuals under 13 years of age) are not eligible or authorized to view or use the site, and we ask that they do not submit any information, content or materials to us.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS

This website may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Kapushion Design’s historical experience and our present expectations or projections. Kapushion Design undertakes no obligation to publicly update or revise any forward-looking statements.

JURISDICTION

These Terms of Use are governed and interpreted under the laws of the State of Colorado, United States of America, without regard to its choice of law provisions. By using this site you consent to the jurisdiction of the federal and state courts located in Colorado for any action or claim arising from or relating to these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that portion shall be deemed to be severable and shall be construed in accordance with applicable law. Such portion will not affect the validity and enforceability of any remaining provisions or terms. Kapushion Design’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver of the Terms of Use and shall not limit Kapushion Design’s rights with respect to such breach or any subsequent breaches.

EXPORT RESTRICTIONS/LEGAL COMPLIANCE

You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Kapushion Design in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Kapushion Design outside the U.S. Neither the services of Kapushion Design nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into: (a) any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawful permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

BLOG POLICIES AND DISCLAIMER

The views and opinions expressed on any blog or comments section on our site are the personal opinions of the original authors, not of Kapushion Design. The content is provided for informational purposes only and is not meant to be an endorsement or representation by Kapushion Design or any other party.

DIGITAL MILLENNIUM COPYRIGHT ACT

It is Kapushion Design’s policy to fully comply with the Digital Millennium Copyright Act (DMCA), which provides a procedure for notifying a service provider about intellectual property infringement by third parties. If you have a good faith belief that infringing activity is occurring in connection with this site, please provide written notice detailing the requisite information as set forth in Section 512(c)(3)(A) of the DMCA, which requires that a notification of claimed infringement must be by way of written communication provided to the designated agent, and that this writing includes substantially all of the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CONTACT INFORMATION:

Legal name is Kapushion Design & Development, Inc.

If you have any questions regarding these Terms of Use, please contact Kapushion Design at business@kapushiondesign.com or (303) 673-0201. If you have any other questions, contact information is available at www.kapushiondesign.com.

Your privacy is very important to us. This notice explains our online information collection practices and the choices available to you about the way your information is used at our website.

INFORMATION WE COLLECT AND USE

We do not collect personal information about you (your name, telephone, address, e-mail, etc.) other than the information which you voluntarily provide to us through this site in order to satisfy your requests such as to subscribe to a newsletter. If you have emailed us with any inquiry (for example, about a company event or in relation to a job application), we will use your email address to respond to your query.

We may also send you further information about our services or keep you informed of legal updates through our periodic newsletters, provided you have indicated that you are happy to be contacted for these purposes. You can tell us not to contact you with updates and information regarding our products and services either at the point such information is collected (by checking or un-checking (as directed) the relevant box) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting us using the contact details at the end of this privacy policy.

We might automatically collect certain non-personal information when you visit our website, such as the type of browser and operating system you are using, and the domain name of your internet service provider (such as Comcast, AT&T). We use such non-personal information to analyze site usage (aggregated information about which pages were visited by our users) in order to improve the design and content of our website.

WITH WHOM INFORMATION IS SHARED

Any personal information gathered by us may be shared, as appropriate, with any Kapushion Design offices, affiliates, agents or contractors who assist us in providing the services we offer, such as, for example, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.

We may disclose your personal information if required to do so by law, court order, or at the request of a law enforcement agency or if we believe that such action is necessary to protect and defend the rights, property of personal safety of Kapushion Design, its website or its visitors. In the event that we undergo re-organization or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organized entity or third party.

INTERNATIONAL TRANSFERS

Personal information which you submit via the site may be transferred to other countries outside of the United States (U.S.). If we transfer your personal information outside the U.S. in this way, we will take steps to ensure that your privacy rights continue to be protected.

COLLECTION OF INFORMATION BY THIRD PARTY SITES

Like many other commercial websites, our site contains links to other sites whose information collection practices may be different than ours. Users should consult the other sites’ privacy notices, as we do not have any control over any information that may be submitted to or collected by such third parties.

Although we employ security measures to prevent unauthorized access to information we collect online, we cannot guarantee the security of your personal information. Specifically, we cannot guarantee the privacy of personal information you transmit over the web, or that may be collected in transit by third parties, including any consultants that provide services to us.

COOKIE POLICY

A cookie is a text-only string of information that a website transfers to the “cookies” file of the browser on your computer’s hard disk in order that the website can remember you when you return for another visit to the site. A cookie contains the name of the domain from which the cookie originated, how long the cookie will remain active, and a randomly generated unique number to track pages you have visited. Every time you visit our site, we might send you a cookie in order to track traffic to our site. Cookies may be used to enable the personalization features of our site (you can recall recently-viewed pages, and have information that you have previously provided be filled in automatically instead of having to fill in registration questionnaires every time), and to compile anonymous aggregate data that allow us to determine how visitors use our site and help us improve our offerings on the website. We may use session cookies (temporary cookies that remain in the cookie file of your browser until you leave the site) and persistent cookies (remain in your browser for a longer period of time, depending on the “lifetime” of the cookie) on this website.

If you prefer not to receive cookies while browsing our website, you have the ability to accept or decline cookies by modifying the settings in your browser, although you may not be able to take full advantage of the Kapushion Design website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. You do not need to have cookies turned on, however, to use/navigate through many parts of our website, except access to certain of Kapushion Design’s web pages that require a login and password.

REVISIONS TO THIS PRIVACY POLICY

We reserve the right to amend this Policy or any part of it from time to time. If we make any substantial changes in the way we use your personal information, we will make that information available by posting a notice on this site or updating this Policy. Please review the Policy periodically for changes.

HOW TO CONTACT US

If you have any questions or concerns about this Policy or its implementation, please contact us at business@kapushiondesign.com. If at any time you decide that we should no longer retain your personal information, please let us know by e-mailing us at the above address.

Estimates (Quotations) are valid for thirty (30) days unless otherwise stated.

1. GENERAL TERMS. Unless otherwise agreed upon, Kapushion Design and Development, Inc. (KDD) works on a Time and Materials basis. KDD will bill at a rate known to the Client. All work performed by KDD in good faith is to be compensated by the Client at the known rate. During the term of this Agreement, KDD will perform the services as outlined in the Estimate. Scope of Work is based on specifications and information known at the time of writing the Estimate.

2. FEES AND EXPENSES. All fees and expenses listed in the Estimate are estimated values for the work described. Any additions, revisions, or gross misinterpretations to the tasks or requirements defined in the Estimate will change the costs of the agreement. Expenses for supplies (materials, mockups, digital media, etc.) needed to complete the project will be paid by the Client unless otherwise specified. Costs for assistance from vendors not employed by KDD and/or not included in the Estimate will be prior approved and paid by the Client. Regular travel (less than 60 miles one way) between Client offices or vendor offices and KDD will not be billed to the client. Expenses for out-of-town travel such as transportation and lodging will be paid by the Client unless otherwise agreed upon. Expenses for travel are not included in the Estimate unless otherwise noted.

3. PAYMENT. An invoice will be sent to the Client on a monthly basis and/or after the completion of each phase, or project, or other agreed time. All invoices are due and payable within 30 days of receipt unless otherwise noted. All past due accounts may accrue interest at the rate of 1.5% per month. A startup payment may be required prior to initiating work on the project.

4. CHANGES AND MODIFICATIONS. If the Client or Client Representative requests that a change or addition be made to the Scope of Work as described in this Agreement, or if changes to the design direction require additional work hours, the Client shall pay additional fees and/or expenses charged by KDD for such changes or additions. KDD will notify Client of additional work resulting in additional charges.

5. DISCLOSURES. All information made available to KDD during the term of this agreement that is proprietary to the Client or produced by KDD pursuant to this agreement shall be considered to be proprietary information of the Client, and shall not be used for other purposes except under this agreement without the Client’s prior written permission. This does not pertain to information which is not specific to the Client’s products or business interests. It also does not include processes or methods developed by KDD to carry out services. The Client agrees to not disclose or use any information or processes that are proprietary to KDD without prior written permission.

6. RELATIONSHIP. KDD is an independent contract service and/or consultancy to the Client. This agreement shall not be deemed to create a partnership, joint enterprise, or employment between the parties. KDD shall be responsible for all taxes, insurance, etc. and agrees to indemnify and hold the Client harmless for any claims from any taxing authority resulting from performance of KDD, in performance of this agreement. The Client agrees to indemnify and hold KDD harmless from any and all liability for the Client’s application or ultimate use of any design, service, product, system or data provided by KDD for the Client.

7. AUTHORIZATION FOR PRODUCTION, BUILD, OR PRINTING. The Client is responsible for checking the quality of the design, engineering, data, and typography – including functionality, fit, dimensions, accuracy, and text – in final documentation. Documentation or artwork released for parts fabrication, tooling production, or printing at the Client’s verbal or written request or approval, with or without a signature, will be the sole responsibility of the Client. KDD follows industry best practices but cannot guarantee that a solution, a design, or other work will fully satisfy the objectives of the project. In any case, the Client agrees to indemnify and hold KDD harmless for any damages or claims resulting from errors, omissions or flaws in design or documentation.

8. ORDERS TO PROCEED. The Client’s submission of either a Purchase Order, verbal order or written order authorizing KDD to proceed on a project as described in the Agreement, and/or work not specifically described in the Agreement, shall constitute the Client’s acceptance of the terms and conditions.

9. CANCELLATION. This agreement may be terminated by either party with 2 weeks written notice, though it may be immediately terminated for breach or fraud by either party. In the event the project is terminated by either party, all resulting materials and data produced or obtained by KDD shall be released to and become the property of the Client only upon complete payment to KDD for work performed to the date KDD ceases work on the project.

10. RELEASES. Materials and data produced or obtained by KDD for the Client will not be legally owned by or granted to the Client until full payment has been received even if such materials and data are made available to the Client or other parties to aid timeline progress. Upon full payment to KDD, KDD agrees that the Client shall have sole ownership and title to all rights and legal interest in: 1) All data, drawings, designs, analyses, reports, products, and physical property created custom for this project, and : 2) All inventions, discoveries, and improvements which are conceived or reduced to practice during the term of this agreement unless otherwise noted.

11. DISPUTES. In the event either party brings suit to enforce any provisions of this agreement, the prevailing party shall be entitled, in addition to any awards damages, reasonable attorney’s fees, deposition expenses and other court costs in connection with the suit. Any award or judgment entered in favor of KDD shall draw 18% interest per annum compounded annually.

12. LIABILITY AND FORCE MAJEURE. In no instance will the liability of KDD exceed the total of fees-for-service paid to KDD by the Client during the term of the agreement for direct or indirect damages. In the event work cannot be performed due to war, acts of GOD, weather or other uncontrollable event, KDD will be excused from performing the duties of the agreement without penalty.

This agreement may not be changed except in writing and signed by both parties. The validity, performance, construction and effect of this agreement shall be governed by the laws of the state of Colorado.

CONTACT INFORMATION:

Legal name is Kapushion Design & Development, Inc.

If you have any questions regarding these Terms and Conditions, please contact Kapushion Design at business@kapushiondesign.com or (303) 673-0201. If you have any other questions, contact information is available at www.kapushiondesign.com.