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Terms
and Conditions
TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound
by the following terms and conditions of use. Please review these terms
and conditions carefully. If you do not agree to these terms and conditions,
you should not use this site.
REFUND POLICY
If you are not absolutely satisfied with any purchase from us you may
Contact
Us within 30 days and request a full refund. The purchase price
will be refunded and you can keep the product except for any service,
which will be terminated. If it is a monthly paid service you will be
refunded only one month's fee and the service will be terminated immediately.
1. Agreement. This Agreement (the “Agreement'”) specifies
the Terms and Conditions for access to and use of CapturePros.com (the
“Site'”) and describe the terms and conditions applicable
to your access of and use of the Site. This Agreement may be modified
at any time by MHW Maré upon posting of the modified agreement.
Any such modifications shall be effective immediately. You can view
the most recent version of these terms at any time at CapturePros.com.
Each use by you shall constitute and be deemed your unconditional acceptance
of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue
to be the property of [name of website operator] or its content suppliers
and is protected under applicable copyright, patent, trademark, and
other proprietary rights. Any copying, redistribution, use or publication
by you of any such content or any part of the Site is prohibited without
express permission by MHW Maré. Under no circumstances will you
acquire any ownership rights or other interest in any content by or
through your use of this site. CapturePros.com is the trademark or registered
trademark of MHW Maré. Other product and company names mentioned
on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat
room, or any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials
in any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your postings
but such license is limited to the personal use and enjoyment of such
other party.
(c) Personal Use. MHW Maré grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal use
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. You agree not to copy
materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of
this website is at the discretion of MHW Maré and MHW Maré
may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but
not limited to uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction, republishing,
creation of derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site (whether by
linking, framing or any other method), or in any other way exploiting
any of the Content, in whole or in part, is strictly prohibited without
MHW Maré prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED
ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE
THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MHW Maré DISCLAIMS
ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND
EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE
USING THE SITE.
FURTHERMORE, MHW Maré DOES NOT WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MHW Maré , ITS SUBSIDIARIES,
VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS,
AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE.
USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS
OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION
OR MATERIAL.
(b) LIMITATION OF LIABILITY. MHW Maré SHALL NOT BE RESPONSIBLE
OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES
FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED
IN CONNECTION WITH MHW Maré OR THE SITE, OR USE THEREOF, OR ANY
OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE
SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY
WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF MHW Maré HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website
is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved
by the individual sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do
not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings. Testimonials
and statements of individuals are not to be construed as claims or representations
of average earnings. We cannot, do not, and will not make any claims
as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you.
We do not know your educational background, your skills, your prior
experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course
of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone.
If you use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the
ideas presented in our in materials. Examples in our materials are not
to be interpreted as a promise or guarantee of earnings. Many factors
will be important in determining your actual results and no guarantees
are made that you will achieve results similar to ours or anybody else’s.
No guarantee is made that you will achieve any result at all from the
ideas in our material.
You agree that we will not share in your success, nor will we be responsible
for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of
possible future results.
Materials in our product and our website may contain information that
includes or is based upon forward-looking statements within the meaning
of the securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to historical
or current facts. They use words such as “anticipate,” “estimate,”
“expect,” “project,” “intend,” “plan,”
“believe,” and other words and terms of similar meaning
in connection with a description of potential earnings or financial
performance. Any and all forward looking statements in our materials
are intended to express our opinion of earnings potential. They are
opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive area of our
site, and gain access to the materials contained thereon at your own
risk.
(b) No Monitoring. We do not monitor or screen communications on our
forum, bulletin board, chat room, or any other user interactive area
of our site and we are not responsible for any material that any of
our forum, bulletin board, chat room, or any other user interactive
area of our site participant posts and we do not assume the responsibility
to do so. In the event that we are notified by any party that any communications
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site is contrary to these terms, we may, but
are not obligated to, investigate the situation and determine in our
own discretion, whether to remove such communication from our forum,
bulletin board, chat room, or any other user interactive area of our
site. We have no liability or responsibility to investigate or remove
any content from our forum, bulletin board, chat room, or any other
user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made or materials
posted on or through our forum, bulletin board, chat room, or any other
user interactive area of our site. You agree and acknowledge that you
assume the risk of any actions you take in reliance upon the information
that may be contained in our forum, bulletin board, chat room, or any
other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements
that are made by any participant in our forum, bulletin board, chat
room, or any other user interactive area of our site. Any opinions or
views expressed by our forum, bulletin board, chat room, or any other
user interactive area of our site participants are their own. We do
not endorse or support or otherwise give any credence or reason for
reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements
and materials that you post in our forum, bulletin board, chat room,
or any other user interactive area of our site and any consequences,
whether or not foreseen, to any party who may rely upon these statements.
You agree that you will not take any action directed towards attempting
to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board, chat
room, or any other user interactive area of our site for any reason,
in our sole discretion, or for no reason at all. This includes material
which is disruptive, abusive, offensive, illegal, vulgar, pornographic,
or any other material. You hold us harmless from and against any damage
you or others may suffer as a result of our removal of any content from
our forum, bulletin board, chat room, or any other user interactive
area of our site or from the discontinuance of our forum, bulletin board,
chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify
any party from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site for any time
and for any reason, or for no reason whatsoever, in our sole and absolute
discretion. This includes, but is not limited to any violation of this
agreement, disruptive behavior, complaints from other parties, any allegedly
illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions, causes
of action, or injuries that may result therefrom, including but not
limited to any consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum, bulletin
board, chat room, or any other user interactive area of our site for
any illegal purpose, (2) place any material in our forum, bulletin board,
chat room, or any other user interactive area of our site that violates
the copyrights, trademarks, trade secrets, confidential information
or other rights of any other party, (3) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that contains a false statement about any person, infringes upon
the privacy rights of any other person, or threatens, harasses, abuses
or embarrasses any other person, (4) place any obscene, pornographic,
sexually explicit or violent materials, graphics, photographs, text
or otherwise in our forum, bulletin board, chat room, or any other user
interactive area of our site, (5) place any advertising, attempted business
solicitation, marketing materials or sales promotional materials in
our forum, bulletin board, chat room, or any other user interactive
area of our site, (6) pretend to be another person that you are not,
(7) place materials in our forum, bulletin board, chat room, or any
other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify
us against, any and all claims for damages from third parties arising
from your participation, use or conduct in our forum, bulletin board,
chat room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data mining,
scraping, crawling, email harvesting or using any process or processes
that send automated queries to the CapturePros Web site. You may not
use the CapturePros Web site to compile a collection of listings, including
a competing listing product or service. You may not use the Site or
any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only.
This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable
laws regarding your use of the website. You further agreed that information
provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold [name
of website operator] and our partners, employees, and affiliates, harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
(e) Privacy. Your visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at CapturePros.com. MHW Maré
reserves the right, and you authorize us, to use and assign all information
regarding site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing
all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing
is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(6) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
(g) Applicable Law. You agree that the laws of South Africa, without
regard to conflicts of laws provisions will govern these Terms and Condition
of Use and any dispute that may arise between you and [name of website
operator] or its affiliates. Venue shall be in [name of county].
(h) Arbitration. As part of the consideration that MHW Maré requires
for viewing, using or interacting with this website, you agree to the
use of binding arbitration for any claim, dispute, or controversy of
any kind (whether in contract, tort or otherwise) arising out of or
relating to this website. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association which are in effect
on the date a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its rules, and
its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing
will take place in the city or county of MHW Maré. In no case
shall you have the right to go to court or have a jury trial.
You will not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to participate
as a representative or member of any class of claimants pertaining to
any claim subject to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal. The prevailing party
shall be reimbursed by the other party for any and all costs associated
with the dispute arbitration, including attorney fees, collection fees,
investigation fees, and travel expenses.
(i) Severability. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full
force and effect.
(j) Termination. MHW Maré may terminate this Agreement at
any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
MHW Maré Pr Eng
Millbrow 12 Naested Street Cradock 5880 South Africa
Tel: +2748-881-5057
e-mail address: admin (at) mattmare.com
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