TERMS OF USE
Last Updated: June 9, 2022
1. Ownership. This captionfirst.com website is owned and operated by Caption First Incorporated “CAPTION FIRST” (also referred to as "we", "us", this "website" or this "site").
2. Applicability; Modification. These Terms of Use apply to the public areas of this site. We may modify these Terms of Use at any time without prior notice. Please check this page periodically for updates.
3. Use and Restrictions. Subject to these Terms of Use and our privacy policy, you may use the public areas of this site, but only for your own internal purposes. You may not access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You may not access (or attempt to access) this site through any automated means (including the use of scripts or web crawlers), and you may not violate the terms of any robots.txt file present on this site. You may not: (i) resell, sublicense, transfer, assign, or distribute the site, its services, or content; (ii) modify or make derivative works based on the site, its services, or content; or (iii) "frame" or "mirror" the site, our services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice. Please check this page periodically for updates. Your continued use of this site following our posting of a modification notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.
5. If We Allow Postings to This Site. If we allow postings to this site (e.g., via blog, forum, chat room, or social media asset), we will not treat information that you post to public areas of this site that are viewable by others as proprietary, private, or confidential. . We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing, or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
6. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy on this site's home page.
8. Warranty Disclaimers.
“SERVICE” MEANS THE PUBLIC AREAS OF THIS SITE AND ALL PUBLIC AREAS ACCESSED BY MOBILE DEVICES AND APPLICATION PROGRAMMING INTERFACE (API), BUT EXCLUDES SERVICES THAT HAVE SEPARATE PRIVACY POLICIES WHICH DO NOT INCORPORATE OUR PRIVACY POLICY.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “CAPTION FIRST” OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, “CAPTION FIRST”, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE INFORMATION CONTAINED WITHIN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR OBTAINING ACCOUNTING, TAX, OR FINANCIAL ADVICE FROM A PROFESSIONAL ACCOUNTANT. INFORMATION PRESENTED IS NOT INTENDED TO CREATE, AND RECEIPT DOES NOT CONSTITUTE, AN ACCOUNTANT-CLIENT RELATIONSHIP. INTERNET SUBSCRIBERS, USERS AND ONLINE READERS ARE ADVISED NOT TO ACT UPON THIS INFORMATION WITHOUT SEEKING THE SERVICE OF A PROFESSIONAL ACCOUNTANT. ANY TAX ADVICE (FEDERAL OR STATE) CONTAINED IN THIS WEBSITE IS NOT INTENDED TO BE USED FOR THE PURPOSE OF AVOIDING PENALTIES UNDER U.S. FEDERAL TAX LAW OR STATE LAW. WE DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT.
THE OWNERS/OPERATORS OF THIS COMPANY WILL NOT BE LIABLE IN THE EVENT OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS IN CONNECTION WITH, OR ARISING OUT OF, THE FURNISHING, PERFORMANCE, OR USE OF THE INSTRUCTIONS, SUGGESTIONS OR PRODUCTS ON THIS WEBSITE.THIS SITE IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE CREATED OR LEGAL ADVICE GIVEN THROUGH YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. NO SPECIAL RELATIONSHIP OR PRIVILEGE EXISTS BETWEEN YOU AND THIS SITE. YOU WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE AS A RESULT OF YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. THIS SITE PROVIDES (I) ARTICLES, NEWSLETTERS, AND CONTENT FOR INFORMATIONAL PURPOSES ONLY. IN THE PROCESS OF PROVIDING THIS INFORMATION, THIS SITE IS ENGAGED IN THE PUBLICATION OF INFORMATION REGARDING LEGAL ISSUES COMMONLY ENCOUNTERED. THIS SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. THIS SITE DOES NOT REVIEW ANY OF YOUR ANSWERS TO QUESTIONS FOR SUFFICIENCY, PROVIDE LEGAL ADVICE, OR ANALYZE APPLICABLE LAW AND APPLY IT TO YOUR SPECIFIC REQUIREMENTS. ACCORDINGLY, IF YOU NEED LEGAL ADVICE FOR A SPECIFIC ISSUE, OR IF YOUR SPECIFIC MATTER IS TOO COMPLEX TO BE ADDRESSED BY OUR AUTOMATED SOFTWARE TOOL, YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY.
ACCURACY OF INFORMATION - WE MAKE EVERY EFFORT TO ENSURE THAT THE INFORMATION AND ITEMS LISTED ON OUR WEBSITE ARE UP TO DATE AND CORRECT. HOWEVER, THE ACCURACY OF THE INFORMATION IS NOT GUARANTEED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. UPDATED INFORMATION MAY NOT BE IMMEDIATELY REFLECTED ON THIS WEB SITE. FOR A NUMBER OF REASONS, DELAYS MAY OCCUR WHEN POSTING TO THE WEBSITE.
WE DO NOT INDEPENDENTLY VERIFY, NOR DO WE SEEK INDEPENDENT VERIFICATION OF COMMENTS AND STATEMENTS THAT MAY BE POSTED BY OTHERS IN BLOG OR SOCIAL MEDIA POSTS ON THIS SITE OR AFFILIATED SOCIAL MEDIA SITES REGARDING OUR WEBSITE, ITS PRODUCTS OR SERVICES. FOR THIS REASON, IF OTHERS POST "SUCCESS STORY" OR "BEST-CASE" SCENARIO TESTIMONIALS (AS DISTINGUISHED FROM SUBJECTIVE OPINIONS), YOU SHOULD ASSUME THAT THEIR RESULTS ARE NOT TYPICAL.
WE PROVIDE LINKS TO OTHER SITES FROM THIS WEBSITE FOR YOUR CONVENIENCE. WE DO NOT ENDORSE THESE SITES AND THEY ARE NOT UNDER OUR AUTHORITY. WE ARE NOT RESPONSIBLE FOR THE INFORMATION THESE LINKED SITES PROVIDE OR FOR THE USE YOU MAKE OF THEM.
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING ON THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL “CAPTION FIRST”, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL “CAPTION FIRST” BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
10. Links to Third Party Websites. We do not review or control third-party websites that link to or from this site, and we are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use and privacy policy.
11. Participation in Promotions of Advertisers on this Site. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
12. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
"CAPTION FIRST"
18635 Arrowwood Drive,
Monument, CO, 80132
California Consumer Rights Agent for Service
Telephone: Pat Graves
Contact: patDOTgraves[at]captionfirstDOTcom
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
13. Governing Law. These Terms of Use shall be governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles.
14. Contact Us. If you have any questions or concerns regarding these Terms of Use, please contact us.
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
"CAPTION FIRST"
ATTN: Compliance Officer
18635 Arrowwood Drive,
Monument, CO, 80132
Telephone: 7109.941.9557
Contact: patDOTgraves[at]captionfirstDOTcom