TERMS OF SALE
LAST UPDATED: August 1, 2013
Please read these Terms of Sale carefully. By making a purchase from Captricity, Inc. (“Captricity”) on this website (“Site”), you signify that you have read, understand and agree to be bound by these Terms of Sale (“Terms of Sale”). Captricity allows you to convert documents and related materials into structured, usable data (the “Service”). The Service is also governed by the Captricity Service Terms and Conditions (http://www.captricity.com/terms-of-service/), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in Captricity’s sole discretion. You waive any right you may have to receive specific notice of such changes and any changes will be effective immediately upon posting the revised Terms of Sale to the Site. Any changes to these Terms of Sale shall supersede and replace prior versions of the Terms of Sale and shall apply to all purchases made after the revised Terms of Sale go into effect. In addition, changes to these Terms of Sale shall apply to any unperformed obligations, terms or conditions associated with prior purchases. We recommend that you review these Terms of Sale frequently to understand the terms applicable to your transactions. If you do not agree to these Terms of Sale, do not make any purchases on the Site.
If you have any questions regarding these Terms of Sale, please contact us at firstname.lastname@example.org.
1. Purchase Qualifications; Account Security
To make a purchase on the Site, you must have a registered account with Captricity and comply with these Terms of Sale, our Terms and Conditions and all applicable policies. You agree to provide accurate and complete information in your Captricity user account at all times, including but not limited to your billing address, email address, and telephone number. You acknowledge that you are solely responsible for maintaining the security of, and restricting access to, your account, user name and password.
2. Types of Purchases
A. Pay as You Go
Prices for the Service are calculated on a per page and field basis. You may purchase the Service at the time you use the Service (a “Standard Purchase”) or on a prepaid basis as described in the section below entitled, “Prepaid Captricity Credits” (a “Captricity Fields Purchase”). Captricity charges or debits your Payment Method (defined below) at the time you purchase the Service pursuant to a Standard Purchase or a Prepaid Purchase, as applicable. Both users with a Subscription (as defined below) and other users can make Standard Purchases and Captricity Fields Purchases. Subscription users receive a monthly Captricity Fields allowance, and access to features that non-Subscription users do not receive.
You may purchase subscriptions to ongoing use of the Service at different levels on a monthly or annually recurring basis (a “Subscription”). You may purchase a Subscription in accordance with the terms set forth in the Subscription Plans (http://captricity.com/pricing). If you purchase a Subscription, Captricity will charge recurring cost of the Subscription at the beginning of the Subscription term in the form of a charge or debit to your Payment Method.
3. Pricing and Availability
All prices for the Service are shown in U.S. dollars, and taxes are additional, if applicable. Captricity reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue the Service without prior notice to you, even if you have already placed your order. All prices are subject to change without notice.
4. Payment Methods
Only valid credit cards or other payment methods acceptable to us may be used (“Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the designated Payment Method and authorize us to charge or debit your order (including taxes and any other amounts described on the Site or Service) to that Payment Method. If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. You must resolve any problem Captricity encounters in order to proceed with your order. You agree to timely pay for any Service, including any Subscription, and related additional amounts (including taxes and late fees, as applicable) (“Purchase Fees”) as may be accrued in connection with any purchase you make. There may be a temporary disruption in your ability to use the Service until Captricity verifies the Payment Method information. You agree that Captricity may use all legal means available to collect Purchase Fees should our attempts to charge or debit your Payment Method fail for any reason, including any collection agency and legal fees.
By registering for a Subscription, you will pay the applicable fees for the Subscription that you select at registration or later specify. Captricity will charge or debit your Payment Method, on the date of registration or at the time that you change your Subscription, the applicable fees indicated at the time you registered for the Subscription. Your applicable fees will automatically be charged or debited to the Payment Method you designated to be billed for your account. Unless you notify us of your decision to terminate your Subscription, your Subscription will automatically renew at the end of each Subscription term. Your renewed Subscription will have the same duration as the Subscription being renewed (e.g. one month, one quarter, one year, etc.). At the time of renewal, your Payment Method will be charged or debited our then-current fees for the applicable Subscription, provided that if the fee for your renewal Subscription has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
For Subscriptions, your Payment Method will be charged or debited for the renewal term of your Subscription on the anniversary of your activation date (“Billing Date”) based on the type of Subscription (e.g., on a particular date each month for a monthly subscription; on the three-month date for a quarterly subscription; on the anniversary for an annual subscription, etc.). If, however, the activation date for your Subscription is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
5. Cancellation and Refunds
There are no refunds or cancellations, except as otherwise provided in these Terms of Sale, the Terms and Conditions or as required by law. Captricity reserves the right to refuse or cancel purchases or attempted purchases at any time and in its sole discretion.
If you would like to change the Subscription to which you subscribe, you may upgrade your Subscription at any time by selecting “Billing” from the “Account” menu in the Captricity Toolbar, and then clicking “Upgrade”. If you upgrade the Subscription(s) to which you subscribe during the term of your Subscription, Captricity will issue you a pro-rated refund, based on proportion of Captricity fields used, for the remainder of the term of your original subscription, which Captricity will apply to your new subscription Service. Captricity will charge or debit your Payment Method only the difference between the pro-rated refund and the full amount of the new subscription Service, which shall be activated on the date of the change.
If you wish to downgrade or elect not to renew your Subscription by notifying Captricity customer service prior to the Billing Date. If you elect not to renew a Subscription, Captricity will not charge or debit your Payment Method for any future renewal periods unless you reactivate your Subscription. If you elect not to renew a Subscription, Captricity will not charge or debit your Payment Method for any future renewal periods unless you reactivate your Subscription.
Captricity will provide you with an electronic receipt of your purchase. Captricity will only provide you with a hard copy receipt of your purchase upon your request.
7. Captricity Prepaid Credits
Captricity may offer you the opportunity to purchase Captricity Credits (“Credits”). Credits allow you to purchase the Service on a prepaid basis for later use. Please see our Pricing Page http://captricity.com/pricing for a description of the purchase price of Credits. Credits may be redeemed solely by Captricity, cannot be transferred to any other user or third party, cannot be redeemed for cash, and are non-refundable except where required by law. We may restrict your ability to purchase or redeem your Credits based on your place of residence. We reserve the right to change the price of Credits or to discontinue the Credits program at any time.
B. Redeeming Credits
Credits are redeemable for the Service, as determined by Captricity in our sole discretion from time to time.
C. Account Inactivity and Voluntary Deactivation
While the Credits you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is voluntarily deactivated by you, we may, without further notice to you, redeem all Credits remaining in your account for the Service provided to other Captricity users selected in our sole discretion. For purposes of this Section, the term “Inactive” means that, based on our records: (a) for a period of two (2) years, or more, you have not logged into your Captricity account; or (b) we have been unable to reach you to verify that you intend to continue use of your account.
D. Suspended Accounts
If you violate these Terms of Sale or the Captricity Service Terms of Service and Conditions, we may suspend or cancel your access to your Credits account balance. We also may suspend, cancel, or otherwise limit your access to your Credits if we suspect fraudulent, abusive or unlawful activity associated with your account. When we suspend, cancel, or otherwise limit access to your Credits account balance, your right to use your Credits account balance will cease.
E. Posting Errors
If we post Credits to your account for any purchase activity that is subsequently voided or canceled or that involves a returned item, then we will remove those Credits from your account. You must ensure that we properly post your Credits to your Credits account. If you believe that you have validly purchased Credits that we have not posted to your Credits account, you must contact us within ninety (90) days after the date you claimed to have purchased those Credits. We may require reasonable documentation to support your claim.
Captricity attempts to be as accurate as possible; however, it does not warrant that information provided on the Site or in connection with the Service, including pricing information, is accurate, complete, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering the Service or otherwise, Captricity reserves the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Captricity may also, in its sole discretion, refund a portion of the Purchase Fees if the results of the conversion are negatively impacted by an error in the Service. Captricity, in its sole discretion, will determine the amount of such refund.
If Captricity makes an error on your bill, Captricity will correct it promptly after you notify Captricity and Captricity has investigated and verified the error. You must notify Captricity in writing within 120 days after an error first appears on your bill. If you do not report the error to Captricity within such 120 day period, Captricity will not be required to correct the error and you agree to pay the amount billed. You release Captricity from all liability and claims of loss resulting from any error that you do not report to Captricity within 120 days after the error first appears on your online statement.
You are responsible for any taxes that you are obligated to pay or that Captricity may collect from you in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Captricity reserves the right to collect such taxes or other fees from you at any time.
11. Governing Law/Venue
These Terms of Sale and all online sales shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to these Terms of Sale will be filed only in the state and federal courts located in Alameda County, California and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Sale.
If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason or unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.