Effective May 20, 2016

By accessing the website, products (including Cambria Live and Cambria FTC) and services provided by Capella Systems, LLC (“Capella”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to any of these Terms, you may not access or use Capella’s website, products, or services (collectively, the “Services”).

Site Not for Use by Children

Our Services are not intended for use by children, and we do not knowingly collect any personal information from children through the Services. If you are under 15 years old, you are prohibited by these Terms from sending us any information via our Services.

Privacy Policy

Capella has adopted a Privacy Policy that explains how we use and collect information that we gather through our Services. You must review our Privacy Policy before using our Services. If you do not agree with the Privacy Policy, you may not use or access our Services.

Terms Subject to Change

Capella reserves the right to modify these Terms in our sole discretion from time to time. If we modify the Terms, we will post the new terms on our website and include the date they were last updated. Any changes to the Terms will be effective when those new terms are posted. That means that if new terms are posted, you must agree to those terms in order to continue using the Services.

Contact Us

You may contact us by sending inquiries to:
Ms. Junko Takiguchi
Capella Systems, LLC
2109 O’Toole Avenue, Suite P
San Jose, CA 95131
Phone: (408) 770-1850
jtakiguchi@capellasystems.net

Customer Passwords

If you use a password to access the Services, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computers and devices, and you agree to accept responsibility for all activities that occur on your account or with your password.

Dissemination of Harmful Content Prohibited

Capella prohibits the dissemination of any harmful content through its Services. The following are considered harmful content: computer and electronic viruses, Trojan horses, electronic worms, time bombs, zombies, cancel bots, and any computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. Furthermore, the dissemination of any computer code on the Services without the prior written consent of Capella is prohibited.

Disclaimer

THIS WEBSITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAPELLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. CAPELLA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE OR COMPLETE. CAPELLA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. CAPELLA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF CAPELLA OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF CAPELLA’S SERVICES, INCLUDING ALL PRODUCTS, CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH CAPELLA’S SERVICES IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL CAPELLA BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE CAPELLA’S SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPELLA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED $10.00.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Applicable Law, Jurisdiction and Venue

By accessing the Services, you agree that all matters relating to these Terms and your access of the Services will be governed by the laws of the State of California, without regard to any conflict of law provisions. Regardless of where in the world you access the Services, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in San Jose, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.

Right to Terminate Permission to Use Services

Notwithstanding any of these Terms, Capella reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent future access to and use of the Services if you violate any of these Terms or any of Capella’s policies. Even if Capella terminates your license to use the Services, the Terms to which you agreed by using the Services (such as applicable law) will remain in effect.

Consent to Email Communication

When you visit Capella’s website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on our Services. We do not include details of your personal, financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Services, or providing us your email address in a telephone message, as a request that Capella communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner.

Severability

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.