Last Revised On: 2018 MAR 29
The website with the domain www.chapterscapistrano.com (the “Site”) is a copyrighted work, belonging to Chapters Capistrano (“Company”, “us”, “our”, and “we”). Specific aspects of this site may be subject to terms, rules and guidelines that are posted on the site, with these features. Each individual term, guideline and rule that is in use will be mentioned in these Terms.
The use of arbitration is required for these terms on a case by car basis, to handle conflict. Trails with jury and class action suits will not be used
Creation of Accounts. You will need to create and register an account to use all of the features that this website has to offer. This means that you will have to provide pieces of information about yourself through the site’s registration form. You represent and warrant that: (a) you are providing accurate and truthful information on the registration form: (b) you will maintain the accuracy of this information. You can delete at the information you provide on this site at any time you please, following instructions provided on the site. Your account can be suspended or deleted at any time, in accordance with section.
Account Responsibilities. It is your responsibility to make sure that your account information remains confidential. You are also responsible for all of the activity that takes place on your account. By reading this, you agree to immediately notify Chapters Capistrano of any suspicious or unauthorized use of your account. Chapters Capistrano cannot and will not liable for any loss and damage that you receive for failing to follow these requirements
2. Access to the Site
Abiding by these terms, Chapters Capistrano is allowing you nontransferable, non exclusive, revocable, limited use and access to this site for your own personal, noncommercial use.
Specific Restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) You cannot commercially exploit the site, whether it be through the use of licensing, selling, renting, leasing, transferring, assigning or hosting or any other method. It does not matter whether one part, or the entire site is used; (b) You are not allowed to modify, make a derivative of, compile or reverse engineer any portion of the site; (c) You shall not copy this website to create a website that offers a competing product or service; and (d) Unless it is expressly mentioned herein, no portion of this site may be copied, distributed, reproduced, downloaded, published, posted, displayed or transmitted in any other form. Any new releases, updated portions, or other functional additions are subject to these terms, unless otherwise indicated. All content on this website that is copyrighted or has proprietary notices must have those retained on all copies.
Chapters Capistrano can suspend, delete, modify or discontinue any portion of the site without giving further notice. You understand that Chapters Capistrano will not be liable for any modification, suspension or discontinuation of any element on the site.
You will acknowledge and agree that the company has obligation to provide you with any changes or maintenance to the site.
You acknowledge that the intellectual property rights, copyrights, patents, trademarks and secrets used by this site are owned by Chapters Capistrano. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. Under these terms, there are not any implied licenses granted.
3. You agree to indemify and hold Chapters Capistrano ( and its employees, officers and agents) free of any legal fees from a claim or demand by a third party due to the (a) use of the site, (b) your violation of these terms or (c) your violation of applicable laws and regulations. Chapters Capistrano reserves the right to assume exclusive defense and control of any matter for which you are required to identify us, and you agree to cooperate with defense of these claims. You must have prior written consent with Chapters Capistrano to settle any manner with the company. Chapters Capistrano will make a reasonable effort to notify you about any actions, claims or proceedings when coming aware of it.
4. Third-Party Links & Ads; Other Uses
Third Part Links & Ads Links to third-party websites and services may be on this site, along with other displayed advertisements. These third-party advertisements and links are not under the control of Chapters Capistrano and the company is not responsible. These links and advertisements are provided as a convenience to you, and Chapters Capistrano is not approve, monitor, endorse, warrant, or even review these advertisement and links. Use the links and advertisements provided by third-parties at your own risk, so be careful when looking into them. If you click on these links or advertisements, you will be subject to that site’s own terms and data gathering practices. If you wish to continue the use of third party sites, you should look into their site beforehand to make sure whether you should make a transaction.
Other Users. If you choose to interact with other users on the site, it will solely be between you and other such users. If you suffer any losses or damages through these interactions, it is not Chapters Capistrano’s fault. We are not required to be involved if there is a conflict or dispute between you and another user on this site.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Term and Termination. The terms and conditions will remain in full force while you use this site, subject to this section. You rights to use this site may be suspended or terminated at any time, for any reason, including any use of the site that violates these terms. Upon termination of this sit, your rights under these terms and account used to access this site will be terminated immediately. Even after your account is terminated, the following terms will still remain in effect: Sections 2 through 2.5 and Sections 3 through 8.
These terms can be changed at any time and if any changes we find substantial are made, we may notify you of these changes through the last email you have provided us with, specifically bringing attention to the changes that were made. Even if the email does not get to you because you have changed emails or your email is not valid, the sending of the email will still still signify the effective notice of the changes described within. Any changes made to the terms of service will by effective thirty (30) calendar days following the sending of the email or thirty (30) calendar days following our posting of the notice changes on the site. For new users of the site, changes will be effective immediately. If you continue to use the site after the changes are made, it will indicate your acknowledgment of said changes and it will be bound by terms and conditions of these changes.
Dispute Resolution. Please read over the arbitration agreement closely and carefully. It affects your rights and is part of your contract with Chapters Capistrano. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Notice of Requirement and Informal Dispute Resolution. If either party decides that it would be best to seek arbitration, the party must first offer a written Notice of Dispute (notice), that described the requested relief, along with the nature and basis of the claim itself. A Notice to Chapters Capistrano should be sent to: 903 Calle Amanecer, San Clemente, CA 92673. You and the company can work to overcome the dispute informally, following the time when the notice is received. If thirty (30) day have passed following the sending the notice and the dispute remains unresolved, either party may choose to hold an arbitration proceeding. Only until after the amount of the reward has been determined, if any, can the amount of any settlement offer made can be discussed.
Arbitration Rules. The American Arbitration Association (“AAA”) , an established alternative dispute resolution provider (“ADR Provider) will treat any arbitration that is initiated. In a case where AAA is unable to help an alternative ADR will be agreed upon by both parties. Unless it is referring to the rules that conflict with the terms in this agreement, the rules of the ADR will govern all aspects of the arbitration, including the method of demanding the arbitration. If you are interested in learning the arbitration rules provided by AAA, you can either call AAA at 1-800-778-7879 or check online at adr.org. The arbitration will be held by a single, unbiased arbitrator. If the total of the claim amounts to a total less than ten thousand U.S. dollars (US $10,000.00), the case may be resolved by a nonappearance-based arbitration, upon the request of the party seeking relief. If the claim happens to be over ten thousand U.S. dollars (US $10,000), the right to a hearing will be determined based on the arbitration rules. If you reside within the United States, your hearing will be held within 100 miles of your residence, unless both parties agree otherwise. If you happen to live outside the U.S., the arbitrator will make sure that they give both parties reasonable notice of the date, time and place of the oral hearings. The judgment of the award rendered by the arbitrator may be entered in any competent court of jurisdiction. If the award granted by the arbitrator is worth more than the last settlement, Chapters Capistrano will pay the greater of the award or $2,500.00. Each party will pay its own costs for the hearing, including attorneys’ fees, and will each pay an equal share for the costs and fees of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone, online or written submissions, if the non-appearance based arbitration method is selected. The specific manner of the hearing will be chosen by the party that initiated the arbitration. Unless it is agreed upon before by each party, there should be no personal appearances made.
Time Limits. Regardless of whether you or Chapters Capistrano initiates the arbitration, the arbitration contract must be demanded with the statue of limitations and under any deadline provided by AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will determine the rights and liabilities, if any or found, for you and Chapters Capistrano, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The authority to grant motions dispositive of all or part of any claim will be held by the arbitrator. The arbitrator will have the authority award any monetary damages, grant nonmonetary rewards or rewards of relief that are available under each particular law, rules of the AAA and these terms. There will be a written award and statement issued describing the findings, along with a final conclusion, provided by the arbitrator. This will also include the total calculation of all of the damaged, if any, involved in the arbitration. On a case by case basis, the arbitrator has the same authority to provide relief as a judge in a court of law. Binding upon you and Chapters Capistrano, the award of the arbitrator will be final.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead deciding that all disputes and claims should be resolved by arbitration, under this arbitration agreement. Typically, arbitration hearings will end up being more limited, efficient, less costly and less costly than if the hearing was resolved in a court of law. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Chapters Capistrano will have all of the rights to a jury trial, deciding that it would be best for the dispute to be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITH THE SCOPE OF THIS ARBITRATION AGREEMENT MIST BE LITIGATED OR ARBITRATED ON A CASE BY CASE BASIS, NOT ON A CLASS BASIS. CLAIMS BY MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY OTHER USER OR CUSTOMER.
Confidentiality. Everything pertaining to the arbitration hearing, including but not limited to the reward of the arbitrator, must be kept strictly confidential. Both parties will maintain confidentiality, unless it is otherwise required by law. The sentences above should not keep a party from submitting to a court of law any information needed to enforce this this agreement, to enforce an arbitration award or seek injuntive or equitable relief.
Severability . If it is found that any portion of this arbitration agreement is invalid or unenforceable under the law by a competent jurisdiction, then specific parts of shall have no effect or force and the remainder of the agreement will continue to be in full force.
Right to Waive. The party whom the claim is asserted against has the right to waive any or all of the rights and limitations in this arbitration agreement. If this waiver is issued, it does not effect any other parts of the arbitration agreement.
Survival of Agreement. The end of you relationship with Chapters Capistrano will not terminate your arbitration agreement.
Small Claims Court. You or Chapters Capistrano may opt to bring a smaller, individual, action into small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, each party has the right to ask equitable relief in front of a state or federal court, maintaining the status quo of the pending arbitration. No other rights under the arbitration agreement should be waived due to interim measures.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Privacy Act infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
The parties will agree to submit personal jurisdiction of the courts, whenever the arbitration agreement allows each party to litigate in court.
The information on this site may be subject to export control laws or import regulations held by other nations. You agree not to transfer, export and reexport any U.S. technical data acquired by the company, or any product that use this data, violating the United States export laws and regulations.
Chapters Capistranois located at the address is section 8.8. You may send your complaint to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs, if you are a California resident, by sending them a written letter to 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communication between you and Chapters Capistrano has taken place through electronic means, whether you are sending us emails or using the site, or if we have sent you emails or posted notices on the site. For contractual purposes, you (a) consent to receive communications from this company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be ion hard writing. Your nonwaivable rights are not changes by the foregoing.
Entire Terms. The whole agreement between you and us, regarding the use of the site, is constituted in these terms. If we fail to exercise or enforce any right or provision mention in these terms, it shall not operate as a waiver to these rights and provisions. The section titles used above are to make this page easier to navigate, not for any legal reason. When the word “including “is used that means “including without limitation”. If there is a part of these terms that seems to be unenforceable or does not apply, the other provisions in these terms will remain unchanged. The rest of the terms will be modified to become enforceable to the maximum extent allowed by law. You are not an agent or partner to Chapters Capistrano, you relationship with us is strictly as an independent contractor. These terms, along with the rights and obligations herein, may not be subcontracted, assigned, delegated or transferred with the written extent of Chapters Capistrano. Any attempt at transferring, subcontracting or delegating of the foregoing will be ruled null and void. These terms may be freely assigned by Chapters Capistrano. The terms and conditions assigned in these terms will be binding upon assignees.
Copyright/ Trademark Information. Copyright © 2018 Chapters Capistrano. All rights reserved. All trademarks, logos and service marks (“marks”) used on this site our property of Chapters Capistrano or third-parties. You are not allowed to use these marks without the written consent of Chapters Capistrano or the third-party site that owns the marks.
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