TERMS OF SERVICE
1. Acceptance of Terms
This page states the terms and conditions (“Terms”) under which you may use the Site. Please read this page carefully. If you do not accept the Terms, do not use the Site or order any products from the Site. If you use the Site or order any product from the Site, you indicate your acknowledgment of, and agreement to be bound by, the Terms. We may revise the Terms at any time by posting an update to this page, so you should visit this page whenever you use the Site because your use of the Site after we post changes to the Terms means you have accepted the changes. The terms “you” and “user” refer to all individuals and/or entities accessing the Site for any reason.
2. Privacy Policy
Forcecapt respects the privacy of every visitor to the Site. Please take a moment to review our Privacy Policy governing the Site, which is incorporated herein by reference.
3. Site Material (Our License to You)
The contents of the Site, including, but not limited to, text, graphics, sounds, images, data, information, and other material (“Material”), are owned by Forcecapt and our third party service providers (“Service Providers”) and are protected by Malaysia and foreign intellectual property laws. Unauthorized use of any Material may violate copyright, trademark, and other laws.
You may view and download a single copy of the Material solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make. You may not sell or modify any Material or reproduce, display, publicly perform, scrape, distribute, or otherwise use any Material in any way for any public or commercial purpose by any means, whether by automated or otherwise. The Material may not be used on any other site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that we use to generate pages of this Site. This code is protected by Forcecapt’s copyright and other intellectual property rights.
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. Your use of the Site and the Material is at your own risk. We reserve the right, in our sole discretion, to modify, add, or remove portions of the Site at anytime without notice.
4. Site Use
A.General Rules: The Site is intended for adult use only. Anyone under the age of 18 is not permitted to purchase products from the Site. You may not use the Site to transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.
B. Security Rules: You may not violate or attempt to violate the security of the Site or use the Site to violate the security of another website by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Site, host or network, including by submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Forcecapt packet header or any part of the header information in any e-mail or newsgroup posting. Violators of these Rules may be subject to civil or criminal liability.
Forcecapt may investigate violations of the Terms and will cooperate with law enforcement authorities to prosecute those involved in such violations.
C. Social Networking: In addition to allowing users to view the Site and purchase Forcecapt products, we also allow users to use the Site for networking, informational, and educational uses related to our products. These services are provided solely as a convenience to you and not as an endorsement of any kind. We are not responsible for, and we do not make any representation regarding the content, suitability, or accuracy of any statement or information made or supplied by any third party on the Site.
5. Your Content (Your License to Us)
You alone are responsible for the form, content, and accuracy of any and all text, images, and other materials you post or make available on or through the Site, including but not limited to message board posts, blogs, bookmarks, homepages, personal profiles and member profiles (“Content”). You alone are also responsible for the consequences of any Content you post or otherwise make available on or through the Site. If you submit or otherwise make Content available, you represent that you are the owner of such Content or are submitting the Content with the express consent of the owner. Further, you warrant that all your posted Content is expressed on your behalf, and not on behalf of Forcecapt.
If you submit or otherwise make Content available, you thereby grant Forcecapt a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute, or make available any portion of such Content as we see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to these Terms.
Forcecapt reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to its attention that it considers unacceptable or inappropriate, whether for legal or other reasons.
You shall not post or otherwise make available any contact information (related to you or any other person) in any public areas maintained within the Site.
6. Links
A. By You To the Site: If you would like to link to the Site, in addition to complying with other applicable Terms, you may not frame or create a browser or border environment around the Site; imply that Forcecapt endorses your site or your products or services; present false information about products or services on the Site; use trademarks or logos (including Forcecapt’s) without prior permission; link from a site containing content that we might consider distasteful or offensive in our judgment; or utilize our content, including images and text without prior written permission. To obtain permission, please email us your request.
B. By Us To Other Sites: We may provide links to other web sites or resources. Because we have no control over such sites and resources, you recognize that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for the policies or terms of use of any such sites or resources.
7. Your Purchases from the Site
A. Prices & Availability: Prices are in U.S. Dollars. Promotional offers and prices are for a limited time. Prices are subject to change without notice and do not include shipping and handling charges or applicable taxes and other governmental charges. Availability of merchandise is not guaranteed. All offers are subject to change.
B. Modifications: We may modify or discontinue Merchandise at any time.
C. Shipments: Forcecapt accepts and ships orders only for Merchandise that is in stock. We will accept a return or exchange of current Merchandise per our Return Policy and credit your method of payment (minus shipping and handling costs). We cannot refund shipping charges except when the Merchandise shipped to you was damaged or the wrong Merchandise was shipped as a result of our error.
D. Credit Card Information: We take precautions to protect the security of the payment information that you share with us, including the utilization of encryption and data authentication tools. However, no data transmission over the Internet can be guaranteed to be 100% secure. If you purchase Merchandise online using a credit card, you accept all risks associated with doing so. If you are uncomfortable transmitting your order online, you may order by phone by calling our Online Ordering Service at (800) 653-7301 ext. 4065.
E. Shipping Charges, Taxes: All purchases are subject to separate charges for shipping and handling. You are also responsible for any sales and other taxes associated with your order, however designated.
F. Errors. Pictures are shown for convenience only. We are not responsible for typographical or other errors or omissions regarding prices or other information.
8. Disclaimer of Warranties and Limitation of Forcecapt’s Liability
The Material and services provided through the Site are for informational purposes only. IF YOU RELY ON ANY MATERIAL, INFORMATION, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. THE SITE AND ALL MATERIALS AND SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”.
UNDER NO CIRCUMSTANCES SHALL FORCECAPT OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF FORCECAPT UNDER ANY THEORY FOR ANY ORDER THROUGH FORCECAPT’S ONLINE STORE WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS WE RECEIVED FROM YOU RELATING TO SUCH ORDER.
Forcecapt makes no claim that the Material or other content available through the Site may be lawfully viewed or downloaded outside of the United States.
9. Indemnification
You shall defend, indemnify and hold Forcecapt and its subsidiaries, affiliates, and agents, and each of their respective officers, directors, employees, and third party service providers harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of any of the Terms, your violation of any law, or the infringement by you or any other user of your account of any intellectual property or other right of any person or entity.
10. Termination
Forcecapt reserves the right, in its sole discretion and without liability to you, to immediately terminate your ability to access the Site and/or any other service we may provide, with or without cause.
11. Copyright
If you believe that any content on this Site infringes upon any copyright which you own or control, you may send a written notification to Forcecapt’s Designated Agent.
Designated Agent: License Coordinator
Email: support@forcecapt.com
12. Governing Law; Legal Venue
The Terms are governed by the internal substantive laws of the state of New York, excluding its conflict of laws principles and the U.N. Convention on Contracts for the Sale of Goods. You irrevocably agree that jurisdiction of any claim or action arising under the Terms may be brought only in the state or federal courts located in New York, New York.
13. Miscellaneous
If any Term is found to be invalid by any court having competent jurisdiction, such invalidity will not affect the validity of the remaining Terms. The Terms, together with the Privacy Policy, Shipping Policy, and Return Policy constitute the entire agreement between you and us pertaining to the Site.