Terms of Use

Captain Jack, Inc. (collectively “CJI” or “we” or “our”) is the owner and operator of this web site. The terms of use contained herein applies to both CJI (collectively “Websites”) and to both Customers and Users as defined below.
The CJI Websites include all pages under the Websites’ domain uniform resource locator (URL) and any related resources. Any access or use of CJI Websites constitutes acceptance of the terms contained herein. Therefore, you are encouraged to read this agreement carefully before accessing or using any of the services provided by the CJI Websites. The CJI Terms of Use agreement (Agreement), contained herein, constitutes a binding and enforceable Agreement between you and CJI. By using our Websites you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Websites.
CJI reserves the right to change or revise this Agreement at any time by posting a notification of changes on the homepage of our Websites. No notification of such revisions will be made known by any other mechanism. CJI will notify you of revision dates by posting the last revised date preceding the first paragraph of this Agreement. The revised Agreement will take effect immediately after it has been posted on our Websites. Your continued use of our Websites after the posting of a notification will signify your acceptance of any such changes or revisions to this Agreement.

Customers and Users
The term “Customers” as contained herein refers to third parties that provide CJI content to be displayed on our Websites. Customers may be required to agree to terms and conditions that are in addition to this Agreement. Where such additional terms and conditions are required then this Agreement will be incorporated by reference into the subsequent agreement. The “customer” designation attaches irrespective of whether or not CJI requires remuneration for displaying said content. Where clauses between said agreements conflict, the subsequent agreement into which this Agreement is incorporated supersedes.
The term “Users” as contained herein, refers to the consuming public that accesses or uses our Websites via the public Internet. Users have no capacity to directly add content to our Websites. The “user” designation attaches to any third party that gains access to our Websites via our publicly available URLs and is a consumer of the information contained therein

Customer Content
You, as a Customer, retain all ownership rights to content which you are a lawful owner or licensee of (“Customer Content”) and which you make available on the CJI Websites via whatever mechanism that CJI provides, excluding such items defined as Transmissions (see below) and subject to any other rights granted to CJI under this Agreement. However, by submitting Customer Content to CJI, you grant CJI a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in whole or in part) and distribute your Customer Content for any purpose, commercial or otherwise. In addition, the license you grant includes rights that allow CJI to create derivative works, or incorporate your Customer Content into other works, as CJI sees fit. The license expires when we remove your Customer Content from our Websites. However, CJI requires, and you acknowledge and agree, that CJI may retain archived copies of such content.
You represent, warrant, and guarantee that you have the full right, ability, and authority to make available to CJI’s Websites, by whatever mechanism CJI provides, your Customer Content. You further represent, warrant, and guarantee that by making available any Customer Content on CJI’s Websites, you are not violating any obligation owed by you to any third party, including without limitation obligations of confidentiality, privacy, attribution or any intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.

Customer Advertising
Customers provide CJI Customer Content for the purpose of promoting their offerings (i.e. goods or services) on CJI’s Websites. In order to advertise on CJI’s Websites, a Customer must agree to all of the terms and conditions contained herein and likewise agree to pay CJI its advertising fee, either through CJI’s secure online shopping cart, or by other mechanisms that CJI makes available. CJI allows its customers to select from a variety of advertising options, depending on their promotional needs and objectives.
Payment is due in U.S. dollars at the time of order placement. CJI will bill the Customer’s credit card for all applicable fees when due. If credit card authorizations or charge attempts are declined, CJI may immediately disable or cancel the Customer’s advertisement, at its sole discretion. Likewise, the same applies if any other Customer payment option fails. The Customer is responsible for any taxes due and will pay CJI for the selected advertising option without any reduction for such amounts.
CJI reserves the right to modify the pricing of its advertising options at any time. However, any such modifications are only applicable to future advertisements and are never applied retroactively. A Customer has the option of canceling its advertising at any time. However, CJI does not provide refunds once the selected advertising option has been billed. That is, cancellation has no effect on an amount already billed to the Customer. After cancellation, all Customer Content may be deleted by CJI. CJI accepts no liability for such deletions.

Limited License
All content on our Websites, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the proprietary property of CJI, its Customers or its licensors with all rights reserved. If you are in compliance with this Agreement, then you are granted a limited license to use and access our Websites and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
As pertaining to all the Information, except for Customer Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Websites.
Absent prior written consent from CJI, you may not copy or imitate any elements of our Websites, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from CJI, you may not use framing, metatags, or hidden text techniques in association with the CJI logo, trademark or other copyrighted or proprietary information. Unless expressly stated in this Agreement, nothing herein shall be construed as conferring any license to intellectual property rights, in any form and by any mechanism. The CJI limited license is revocable at any time without notice, with or without cause.

Restricted Rights
CJI grants you only RESTRICTED RIGHTS regarding use of the Information and our Websites. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is

Transmissions
You acknowledge that transmissions by you to and from our Websites (“Transmissions”), are non-confidential, and that others may read and/or intercept such Transmissions. Transmissions may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about our Websites provided by you to CJI. CJI has the right, but not the obligation, at its sole discretion, to review any Transmissions using our Websites and to edit or delete any Transmissions that violate any part of this Agreement. You hereby consent to CJI’s collection and use of such Transmissions in accordance with CJI's the current Privacy Policy and acknowledge that submitting Transmissions to our Websites creates no financial or fiduciary relationship between you and CJI.
By using our Websites, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to CJI. Accordingly, CJI shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Websites, you irrevocably waive all "moral rights" in such Transmissions.

Indemnification
You agree to defend, indemnify, and hold CJI, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of our Websites, including but not limited to: (1) your submission to our Websites of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

Limitations of Liability
IN NO EVENT SHALL CJI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITES; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF CJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, CJI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO CJI IN EXCHANGE FOR ALLOWING YOU TO DISPLAY CUSTOMER CONTENT ON OUR WEBSITES OR ALLOWING YOU TO ACCESS AND USE OUR WEBSITES.

DISCLAIMER
YOU ACKNOWLEDGE THAT OUR WEBSITES AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT CJI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR WEBSITES OR THE INFORMATION. CJI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, OUR WEBSITES, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) CJI DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) CJI DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
CJI MAY PERIODICALLY CHANGE ANY CONTENT/INFORMATION ON OUR WEBSITES. CJI RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE ON OUR WEBSITES TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY CJI'S ENDORSEMENT OR SPONSORSHIP THEREOF.

Links
Our Websites includes hypertext links to other websites over which CJI has no control. CJI makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against CJI regarding such websites and must adhere to the usage and privacy policies governing such sites. CJI’s usage of links does not imply our endorsement, or sponsorship, of any such websites.

Copyright
CJI respects the intellectual property rights of others and requires CJI’s Customers to do likewise. Therefore, CJI prohibits its Customers from making available, in whatever form and by whatever mechanism, content on our Websites that infringes upon any party’s intellectual property rights. CJI has the right to terminate the display of any infringing Customer Content and will take steps to do so immediately upon proper notification and in compliance with applicable law.
Specifically, CJI will strictly comply with the requirements of the Digital Millenium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on this Website then you may send a written notification of such infringement to our Designated Agent as set forth below.

Copyright Infringement Notification
CJI has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Websites. You must submit all such notifications, in a manner consistent with the DMCA, to CJI’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Websites, you must send a counter notification to CJI’s Designated Agent in a similar DMCA compliant manner.
Send all DMCA compliant notifications to:

Trademark
All trademarks used on our Websites are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, CJI, Captain Jack, Inc., and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Websites are trademarks of CJI and/or its affiliates or Customers. Absent prior written consent from CJI, you may not copy, imitate, or use any portion of these marks.

Data Collection
Your Transmissions are subject to CJI’s Privacy Policy. By using or accessing our Websites you agree to review the CJI Privacy Policy and to be bound by its terms and conditions. From time to time CJI may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Websites, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.
CJI does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent. If you have a good faith belief that CJI has inadvertently collected such information, please contact CJI at

CJI will take immediate steps to remove such information from our Websites, databases and any other data stores under CJI control.
If CJI proposes to use personally identifiable information (PII) other than as defined in our Privacy Policy, we will provide you an effective means of opting out of said PII use.

Site Monitoring
You acknowledge that you are solely responsible for all of your activities in relationship to our Websites, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold CJI harmless from any liability arising from your use of our Websites. While CJI respects your privacy, your hereby acknowledge that this agreement creates no reasonable expectation of privacy in any Transmissions. CJI may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use our Websites in association with such SPAM, any computer viruses, or any other potentially damaging computer code. CJI will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to our Websites as well as loss of profits, damages, court costs, and attorney fees associated with the repair of any damaged property.

Governing Law
This is the entire Agreement between you and CJI relating to your use of our Websites. The laws of the State of Iowa, United States of America, shall govern this Agreement, or any subsequent agreement into which this Agreement is incorporated, and the CJI Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the CJI Privacy Policy, or any subsequent agreement between you and CJI that incorporates this Agreement, other than those disputes or claims subject to arbitration as enumerated below, shall be filed only in state or federal court located in the State of Iowa, in a venue most proximate to Ankeny, IA. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

Arbitration
Any claim or controversy arising among or between the parties hereto pertaining to our Websites, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or in any subsequent agreement into which this Agreement is incorporated, or any differences as to the interpretation or performance of any of the provisions of this Agreement or subsequent agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, shall be settled by arbitration in the State of Iowa, and such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.
Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and CJI jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights or wherein the claim or controversy arises out of your violation of CJI’s Customer Content restrictions. If either of the aforementioned potentialities occurs then it is agreed that injunctive relief or other appropriate relief may be sought.

In any arbitration involving this Agreement, or in any subsequent agreement into which this Agreement is incorporated, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of this Agreement or subsequent agreement, and their award shall be consistent with the provisions of this Agreement or subsequent agreement. Any such arbitration must be commenced no later than three (3) years from the date such claim or controversy arose, or such claim shall be deemed to have been waived. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

Termination
Either you or CJI may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from our Websites. CJI may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Websites. Should CJI decide to terminate this Agreement it will delete any Customer Content you have submitted to our Websites. Where Customers have entered into an additional agreement with CJI, that agreement’s termination clause is controlling.

Severability
If any portion of this Agreement, or any subsequent agreement into which this Agreement is incorporated, and of the CJI Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.

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