SUMMARY

All fees charged by FedCaptus in connection with WinFedBiz are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your use of WinFedBiz. Without limiting the foregoing, FedCaptus is a non-European Union (“EU”) company, FedCaptus and WinFedBiz are not registered with the EU, and no value-added tax or other taxes imposed by the EU are included on the invoice of any EU customers. All payments made to FedCaptus in connection with your WinFedBiz account are non-refundable, and FedCaptus does not offer, and is not required to provide, any refunds or credits. There is no circumstance in which you will be entitled to, or FedCaptus is required to provide, a refund or credit. In its sole discretion, FedCaptus may provide a refund if (i) FedCaptus terminates your WinFedBiz account without cause before the end of a billing period for which you have paid in full, or (ii) you are seeking a refund otherwise specifically provided for by these Terms and Conditions or other written policies of WinFedBiz and/or FedCaptus then in effect and fully applicable.

MODIFICATIONS TO WINFEDBIZ AND PRICING

FedCaptus reserves the right to, and you acknowledge and agree that FedCaptus may, modify WinFedBiz, including without limitation the services offered thereby, and the fees, costs and pricing associated with WinFedBiz at any time and without notice. Without limiting the generality of the foregoing, FedCaptus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WinFedBiz (or any part thereof) without notice. Any new features that augment or enhance the then-current version of WinFedBiz, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in FedCaptus’ sole discretion, to a price increase. FedCaptus shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of WinFedBiz.

Without limiting the foregoing, FedCaptus may use banner notices or similar devices to alert you to certain modifications to WinFedBiz or the pricing associated therewith. Alternatively, notice may consist of an email from FedCaptus or WinFedBiz to an email address associated with your account, even if we have other contact information. You also agree that FedCaptus may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your WinFedBiz account or services associated with WinFedBiz. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about WinFedBiz or pricing.

UPGRADING, DOWNGRADING, OR CANCELLING ACCOUNT

Your WinFedBiz account may be upgraded, downgraded, paused or permanently deleted, subject to the terms hereof, at any time.

UPGRADE ACCOUNT

When you upgrade, you will immediately be charged the difference between your upgraded WinFedBiz account and your prior WinFedBiz account. If you exceed any level, limitation or allowance for your current WinFedBiz account, your WinFedBiz account will automatically be upgraded to an account that offers a sufficient level, limitation or allowance for your use, and you will be charged accordingly as if you initiated the upgrade. FedCaptus may, but is not required to, send you a notice of such automatic upgrade by electronic mail prior to the charging of your account.

DOWNGRADE ACCOUNT

When you downgrade from a paid account to another paid account, you will receive a credit for the pro-rated difference between the new account and the old account. You hereby acknowledge that downgrading your WinFedBiz account may cause the loss of content, features or capacity of your account, and that you are solely responsible for the result of any such downgrade, including without limitation, lost profits, claims, damages or other liabilities, costs or expenses.

CANCEL ACCOUNT / PERMANENTLY DELETE ACCOUNT

Cancelling (permanently deleting) your account stops any further charges. All installed campaigns, assets, media, analytics and data will no longer be accessible and your accounts will no longer function. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Your account may be permanently deleted at any time by requesting and confirming such permanent deletion via email support@fedcaptus.com. PERMANENT DELETION REQUESTS RECEIVED VIA EMAIL ARE NOT CONSIDERED FINAL UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM OUR SUPPORT TEAM. Cancellation/permanent deletion requests by telephone, fax, postal mail, carrier pigeon or other means of communication cannot and will not be accepted or effective. The cancellation/permanent deletion of your account will immediately result in the deactivation and deletion of your account, the denial of access to your account and the forfeiture and relinquishment of all content and information in your account. No content or information can be recovered once your account is cancelled/permanently deleted, and you assume all responsibility for preserving any user-accessible content or information on your account prior to its cancellation. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. FedCaptus shall not retain content or information from your account after cancellation/permanent deletion in backup and/or archival copies of WinFedBiz and related databases, but such copies, if any, will not be available to you. You may request in writing that FedCaptus delete any such copies from your account, and FedCaptus will make a reasonable commercial effort to timely delete such copies of your account after such a request is made, verified and confirmed.

COPYRIGHT AND CONTENT OWNERSHIP

FedCaptus acknowledges that it has no intellectual property rights in any intellectual property owned by its users and uploaded to or used in WinFedBiz. Any such intellectual property remains the property of such WinFedBiz user. However, by allowing your online content to be viewed publicly, including any content developed using WinFedBiz, you acknowledge and agree that such public content may be freely viewed and shared. You further acknowledge and agree that FedCaptus is not, in any manner, responsible for the security or protection of any intellectual property or similar content uploaded to WinFedBiz, the enforcement of any intellectual property or similar rights with respect to such content, and that FedCaptus shall not be liable for any claims, damages, liabilities or other costs or expenses related thereto.

FedCaptus does not pre-screen or regularly screen or review any content uploaded to or used in connection with WinFedBiz, but reserves the right, in its sole discretion, to screen and review any content uploaded to or used in connection with WinFedBiz, and to remove any content found to violate these terms and conditions.

DISCLAIMER OF WARRANTIES

WinFedBiz is provided on an “as is” and “as available” basis, with no warranties whatsoever. FedCaptus and each user of WinFedBiz expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing: FedCaptus and each user of WinFedBiz  disclaim any warranties regarding the security, reliability, timeliness, and performance of WinFedBiz ; FedCaptus disclaims all liability for any claims, damages, losses, costs or expenses (including attorney’s fees) related to the following, and does not warrant that (i) WinFedBiz  will meet your specific requirements, (ii) WinFedBiz  will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of WinFedBiz  will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through WinFedBiz will meet your expectations, and (v) any errors in WinFedBiz will be corrected; FedCaptus and each user of WinFedBiz disclaim any warranties for any information, content or advice obtained through WinFedBiz; and, FedCaptus and each user of WinFedBiz disclaim any warranties for services or goods received through or advertised in WinFedBiz or received through any links provided by WinFedBiz.

You understand and agree that your use of WinFedBiz is at your own discretion and risk and that you will be solely responsible for any liability, claim, damages, loss, cost or expense, including, without limitation, loss of data, that results from or arises from your use of WinFedBiz.

LIMITATIONS OF LIABILITY

Whether or not advised of the possibility of such damages, FedCaptus, and its directors, officers, shareholders, employees and affiliates, shall not be liable to any user, under any legal or equitable theory, for (a) any consequential, incidental, punitive, exemplary, special or indirect damages of any kind, including without limitation lost profits, revenues and business, arising out of, under or relating to these terms and conditions, or (b) any damages of any kind arising out of, under or relating to WinFedBiz in excess of three times the most recent monthly fee paid by such user in connection with WinFedBiz, if any, or $100, whichever amount is greater. This limitation of liability shall apply regardless of whether the limited remedies provided herein fail of their essential purpose, and shall not apply to any damage that WinFedBiz may cause you intentionally or knowingly in violation of these terms and conditions or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from by these terms and conditions.

INDEMNIFICATION

Each user shall, and hereby agrees to, indemnify and hold harmless, FedCaptus, and its officers, directors, shareholders, employees and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using WinFedBiz, or (iii) any use of, access to or other activity engaged in, on or through WinFedBiz.

REVISIONS AND ERRATA

WinFedBiz could include technical, typographical, or photographic errors. FedCaptus does not warrant that any of the materials in WinFedBiz are accurate, complete, or current. FedCaptus may make changes to WinFedBiz at any time without notice. FedCaptus does not, however, make any commitment to update WinFedBiz.

LINKS

FedCaptus has not reviewed all of the sites linked to WinFedBiz and is not responsible for the content of any such linked website. The inclusion of any link does not imply endorsement by FedCaptus of the site or application. Use of any such linked website is at the user’s own risk.

MODIFICATIONS

FedCaptus reserves the right to revise these Terms and Conditions at any time without notice. By using WinFedBiz, you are agreeing to be bound by the then current version of these Terms and Conditions.

GOVERNING LAW

Any claim under these Terms and Conditions or otherwise related to WinFedBiz or FedCaptus shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Loudoun County, Virginia. You agree to submit to the personal jurisdiction of the courts located within Loudoun County, Virginia, for the purpose of litigating all such claims. Notwithstanding the above, you agree that FedCaptus shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

SEVERABILITY

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

ENTIRE AGREEMENT

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding WinFedBiz, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions.

WAIVERS

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

VALUE ADDED TAX

FedCaptus, LLC/fedcaptus.com is a non-EU provider with no VAT registration. VAT does not apply to any payment.

QUESTIONS?

Questions about these Terms and Conditions should be addressed to legal@fedcaptus.com.