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Terms of Use

Website Terms of Use

Last Modified: 2/19/21

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Chambers Bay Partners LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any  documents they expressly incorporate by reference (collectively, “Terms of Use“), govern  your access to and use of capandclose.com, including any content, functionality, and  services offered on or through capandclose.com (the “Website“).

Please read the Terms of Use carefully before you start to use the Website. By using  the Website, you accept and agree to be bound and abide by these Terms of Use and  our Privacy Policy, found at , incorporated herein by  reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you  must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside  in the United States or any of its territories or possessions. By using this Website, you  represent and warrant that you are of legal age to form a binding contract with the Company  and meet all of the foregoing eligibility requirements. If you do not meet all of these  requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All  changes are effective immediately when we post them. Your continued use of  the Website following the posting of any revised Terms of Use means that you accept and  agree to the changes. You are expected to check this page from time to time so you are  aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we  provide on the Website, in our sole discretion without notice. We will not be liable if for any  reason all or any part of the Website is unavailable at any time or for any period. From time  to time, we may restrict access to some parts of the Website, or the entire Website, to  users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website. • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide  certain registration details or other information. It is a condition of your use of  the Website that all the information you provide on the Website is correct, current, and  complete. You agree that all information you provide to register with this Website or  otherwise, including, but not limited to, through the use of any interactive features on  the Website, is governed by our Privacy Policy, and you  consent to all actions we take with respect to your information consistent with our Privacy  Policy.

If you choose, or are provided with, a user name, password, or any other piece of  information as part of our security procedures, you must treat such information as  confidential, and you must not disclose it to any other person or entity. You also  acknowledge that your account is personal to you and agree not to provide any other  person with access to this Website or portions of it using your user name, password, or  other security information. You agree to notify us immediately of any unauthorized access to  or use of your user name or password or any other breach of security. You also agree to  ensure that you exit from your account at the end of each session. You should use  particular caution when accessing your account from a public or shared computer so that  others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen  by you or provided by us, at any time in our sole discretion for any or no reason, including if,  in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to  all information, software, text, displays, images, video, and audio, and the design, selection,  and arrangement thereof) are owned by the Company, its licensors, or other providers of  such material and are protected by United States and international copyright, trademark,  patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use  only. You must not reproduce, distribute, modify, create derivative works of, publicly display,  publicly perform, republish, download, store, or transmit any of the material on our Website,  except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any  services or materials available through the Website. If you wish to make any use of  material on the Website other than that set out in this section, please address your request  to: customerservice@capandclose.com.

If you print, copy, modify, download, or otherwise use or provide any other person with  access to any part of the Website in breach of the Terms of Use, your right to use  the Website will stop immediately and you must, at our option, return or destroy any copies  of the materials you have made. No right, title, or interest in or to the Website or any content  on the Website is transferred to you, and all rights not expressly granted are reserved by  the Company. Any use of the Website not expressly permitted by these Terms of Use is a  breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, logo, and all related names, logos, product and service names,  designs, and slogans are trademarks of the Company or its affiliates or licensors. You must  not use such marks without the prior written permission of the Company. All other names,  logos, product and service names, designs, and slogans on this Website are the trademarks  of their respective owners. Any incidental use of a third party’s trademark on this Website,  for instance in testimonials or exemplar images showing product use in real world settings,  does not reflect any affiliation with, or endorsement by, such third party.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of  Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. • To impersonate or attempt to impersonate the Company, a Company employee,  another user, or any other person or entity (including, without limitation, by using  email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, comment or review sections, and other  interactive features (collectively, “Interactive Services“) that allow users to post, submit,  publish, display, or transmit to other users or other persons (hereinafter, “post“) content or  materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of  Use. Any User Contribution you post to the site will be considered non-confidential and  non-proprietary. By providing any User Contribution on the Website, you grant us and our  licensees, successors, and assigns the right to use, reproduce, modify, perform, display,  distribute, and otherwise disclose to third parties any such material for any purpose. The  aforementioned right to modify includes, among other things, the right to revise any  testimonials or other User Contributions to amend grammar and/or length for clarity,  accuracy or brevity

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns. • None of your User Contributions, including but not limited to photographs, will infringe any third party right or inappropriately state or imply any third party affiliation or  association with us or our products.
  • All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User  Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual  property right or other right of any person or entity, threatens the personal safety of  users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement  authorities or court order requesting or directing us to disclose the identity or other

information of anyone posting any materials on or through the Website. YOU WAIVE AND  HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE  PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF  THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,  INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT  AUTHORITIES.

However, we cannot, and do not undertake to, review all material before it is posted on  the Website, and cannot ensure prompt removal of objectionable material after it has been  posted. Accordingly, we assume no liability for any action or inaction regarding  transmissions, communications, or content provided by any user or third party. We have no  liability or responsibility to anyone for performance or nonperformance of the activities  described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive  Services. User Contributions must in their entirety comply with all applicable federal, state,  local, and international laws and regulations. Without limiting the foregoing, User  Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of  Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions, or any other Website content, violate your  copyright, please contact us at customerservice@capandclose.com. It is the policy of the  Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general  information purposes. We do not warrant the accuracy, completeness, or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. We  disclaim all liability and responsibility arising from any reliance placed on such materials by  you or any other visitor to the Website, or by anyone who may be informed of any of its  contents.

This Website may include content provided by third parties, including materials provided by  other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting  services. All statements and/or opinions expressed in these materials, and all articles and  responses to questions and other content, other than the content provided by the Company,  are solely the opinions and the responsibility of the person or entity providing those  materials. These materials do not necessarily reflect the opinion of the Company. We are  not responsible, or liable to you or any third party, for the content or accuracy of any  materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not  necessarily complete or up-to-date. Any of the material on the Website may be out of date  at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with  respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through  the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Payments  for purchases made through the Website are handled by PayPal, whose service is offered  under its own terms and conditions, which may be viewed here: PayPal Additional terms and conditions may also apply to specific portions, services, or features of  the Website. All such additional terms and conditions are also incorporated by reference  into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does  not damage our reputation or take advantage of it, but you must not establish a link in such  a way as to suggest any form of association, approval, or endorsement on our part without  our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website. • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the  content they are displayed with, and otherwise in accordance with any  additional terms and conditions we provide with respect to such features. Subject to the  foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible,  must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately  to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in  our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these  links are provided for your convenience only. This includes links contained in  advertisements, including banner advertisements and sponsored links. We have no control  over the contents of those sites or resources and accept no responsibility for them or for  any loss or damage that may arise from your use of them. If you decide to access any of the  third-party websites linked to this Website, you do so entirely at your own risk and subject to  the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Washington in the United States. We  provide this Website for use only by persons located in the United States. We make no  claims that the Website or any of its content is accessible or appropriate outside of the  United States. Access to the Website may not be legal by certain persons or in certain

countries. If you access the Website from outside the United States, you do so on your own  initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for  downloading from the internet or the Website will be free of viruses or other destructive  code. You are responsible for implementing sufficient procedures and checkpoints to satisfy  your particular requirements for anti-virus protection and accuracy of data input and output,  and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY  LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,  VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT  YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER  PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES  OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF  ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS  CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE  PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES  OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY  PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR  REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,  RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT  LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED  WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS  CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL  BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS  WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT  THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH  THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS  ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,  OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF  MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR  PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,  ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,  AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,  UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR  USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY  CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,  INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,  EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF  BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS  OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH  OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED  OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors,  and service providers, and its and their respective officers, directors, employees,  contractors, agents, licensors, suppliers, successors, and assigns from and against any  claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including  reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use  or your use of the Website, including, but not limited to, your User Contributions, any use of  the Website’s content, services, and products other than as expressly authorized in  these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims),  shall be governed by and construed in accordance with the internal laws of the State of  Washington without giving effect to any choice or conflict of law provision or rule (whether of  the State of Washington or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or  the Website shall be instituted exclusively in the federal courts of the United States or the  courts of the State of Washington, in each case located in the City of Seattle and County of King, although we retain the right to bring any suit, action, or proceeding against you for  breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and  to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from  these Terms of Use or use of the Website, including disputes arising from or concerning  their interpretation, violation, invalidity, non-performance, or termination, to final and binding  arbitration under the Rules of Arbitration of the American Arbitration Association applying  Washington state law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING  TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE  (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF  ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be  deemed a further or continuing waiver of such term or condition or a waiver of any  other term or condition, and any failure of the Company to assert a right or provision under  these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining provisions of  the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire  agreement between you and Chambers Bay Partners, LLC regarding the Website and  supersede all prior and contemporaneous understandings, agreements, representations,  and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Chambers Bay Partners, LLC, 4515 65th Ave W, University  Place, Washington 98466. All feedback, comments, requests for technical support, and  other communications relating to the Website should be directed to:  customerservice@capandclose.com.

Cap & Close
Customerservice@capandclose.com