DISCLAIMER THE MATERIALS ON THIS WEBSITE ARE NOT FINANCIAL ADVICE. The information contained on this site is provided for ENTERTAINMENT purposes only. The materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information. Captain Solutions does not engage in rendering any legal or professional services by placing these general informational materials on this website.

TERMS OF SERVICE

Last updated: February 2021

Welcome to Captain Solutions. Captain Solutions (“Captain,” “we,” “our,” or “us”) makes the Captain Solutions website: https://captain.solutions/ and all related software, services, extensions, and application programming interfaces (collectively, the “Services”) available for your use subject to the terms and conditions in these Terms of Service Agreement (the “Agreement”). By accessing or using the Services in any way, you agree to be bound by this Agreement and to bind your employer to the extent applicable, and if you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use the Services. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.

IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 9 of this Agreement for more information.

1. SERVICES

1.1. Captain’s Rights in and to Captain Materials. Our Services, our systems, our databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by Captain or any subcontractor engaged by Captain in connection with the Services or otherwise comprise or relate to the Services, and the designs of each of the foregoing and any and all intellectual property rights in the foregoing (collectively, the “Captain Materials”) shall at all times remain the exclusive property of Captain and its third-party licensors. The Captain Materials are confidential information of Captain. Any third-party software included in the Services is licensed subject to the additional terms of the applicable third-party license. You are not acquiring any rights in or to the Captain Materials other than a non-exclusive right to access and use the Services solely in accordance with the term of this Agreement.

1.2. Grant of License. On the condition that you comply with all your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in the Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely in connection with personal or internal business purposes (“Purposes”). We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Services.

1.3. Modification. We may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.

1.4. Removal of Access. Your access to the Services is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.

1.5. Defects and Availability. We use commercially reasonable efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services, any part thereof, any Feedback you provide, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that the Services are provided over the Internet, so the quality and availability of the Services may be affected by factors outside of our control. The Services are not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the Services. We do not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the Services being unavailable.

1.6. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based; (3) use the Services or Captain Content to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person’s use of the Services; (5) decrypt, transfer, create Internet links to the Services, or “frame” or “mirror” the Services on any other server or wireless or Internet-based device; (6) use or merge the Services or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Services; (8) use the Services for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Services; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason; (11) access or attempt to access any other user’s account; (12) use any Captain Content made available through the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into the Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm the Services, or perform any such actions; (14) introduce into the Services any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter the Services, Captain Content, or notices on the Services; (16) connect to or access any Captain computer system or network other than the Services; or (17) impersonate any other person or entity to use or gain access to the Services.

1.7. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.

2. Content and materials on the services

2.1. Captain Content. The Services may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “Captain Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any Captain Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Captain Content.

2.2. User Content License. The Services may allow you to upload, download, store, or transmit user-generated data or information (“User Content”). By submitting User Content to the Services, you grant Captain a nonexclusive, worldwide, right and license to use, copy, and display User Content to provide the Services. You further grant Captain a nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, transfer, sublicense, create derivative works of, and compilations incorporating, User Content on a de-identified, aggregate basis to provide benchmarking, performance improvement, marketing and advertising, and other lawful purposes in connection with the Services. Captain may combine User Content in de-identified form (in whole or in part) with Captain Content and other data from public and private sources to create databases, compilations, improvements, enhancements, transformations, or derivative works (collectively, “Data Derivatives”). YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU POST OR PROVIDE THROUGH THE SERVICES. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT, CAPTAIN CONTENT, OR OTHER CONTENT YOU FIND ON THE SERVICES ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the transmission of any of User Content through the Services.

2.3. User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Captain or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Captain, or the Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Service. You understand and expressly acknowledge that by using the Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Services.

2.4. Prohibited Data. Notwithstanding anything to the contrary in this Agreement, you acknowledge that the Services are not designed with security and access management for inputting, storing, or otherwise processing certain categories of information, or any derivatives thereof (collectively, “Prohibited Data”) such categories of information to include: (i) “Protected Health Information” as defined under the Health and Insurance Portability and Accountability Act of 1996, (ii) “Personal Information” as defined under the Children’s Online Privacy Protection Act of 1998; and (iii) “Special Categories of Personal Information” under the Regulation (EU) 2016/679 (General Data Protection Regulation) or under Member State or other data protection law revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. You shall not, and shall not permit any other person to, provide any Prohibited Data to, or input, store, or otherwise process any Prohibited Data through the Services. You agree to defend, indemnify, and hold harmless Captain from and against any and all losses incurred by Captain in connection with any action by a third party arising from, in connection with, or resulting from any Prohibited Data.

2.5. No Responsibility. We cannot and do not assume any responsibility for your use or misuse of Captain Content or any other information transmitted, monitored, stored, or received while using the Services. We reserve the right to amend or delete any Captain Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any of the above. By providing User Content via the Services, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such User Content. You agree that we are not liable for any legal violation caused by your use or misuse of Captain Content or other information transmitted, monitored, stored, or received while using the Services.

2.6. Feedback. We welcome your comments, feedback, information, or materials regarding the Services or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

2.7. Links; Third Party Materials. The Services may include links to other websites or resources on the Internet (collectively, “Third Party Materials”). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.

2.8. Ownership of Intellectual Property. Captain or its licensors exclusively own all right, title and interest in and to the Services, the Captain Materials, the Captain Content, Feedback, and the Data Derivatives, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Captain IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Captain IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Captain IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Captain’s right, title and interest in the Captain IP. Captain is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Captain IP. The sole exception of the foregoing reservation of rights is the limited, non-exclusive, and non-transferable authorization explicitly granted in Section 1.2, and which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Captain IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.

2.9. CCPA Service Provider Statement. This Section 2.9 is applicable to California businesses only and is intended to provide guidance on Captain’s compliance with Cal. Civ. Code § 1798.100 et. seq., otherwise known as the “California Consumer Privacy Act of 2018” or “CCPA” in the performance of our Services. Capitalized terms used throughout this Section but undefined elsewhere shall have their respect meanings under CCPA. In performing the Services, Captain operates as a Service Provider under the CCPA. As a Service Provider, Captain may Process certain Personal Information, in accordance with your instructions, to fulfill a legitimate Business Purpose for you. The Business Purpose(s) for which you may have retained Captain for include any one or more of the following activities: maintaining or servicing Captain accounts, providing customer service in connection with the Service, processing or fulfilling orders and transactions involving your website patrons, providing advertising or marketing services through the Captain proprietary tools, providing analytic services, or providing similar services on your behalf. Aside from fulfilling the Business Purpose for you, Captain does not disclose or resell Personal Information for any other commercial purpose, except in certain cases where the Personal Information has been Pseudonymized or is considered Aggregate Consumer Information. The CCPA provides California Consumers the right to request a Business delete the Consumer’s Personal Information under certain conditions. When a Business receives a request to delete Personal Information, the Business is responsible for verifying the identity of the Consumer and then, as applicable, directing its Service Providers to delete the Consumer’s Personal Information at issue. Accordingly, in the event that you receive a Verifiable Consumer Request to delete Personal Information held by Captain (as determined in your sole discretion), Captain shall fulfill such request without delay, provided you make such request using the form provided by Captain. Captain shall not respond to any other request made in any other manner by Client so as to ensure the confidentiality, integrity, and security of the Personal Information it Processes.

3. ACCOUNTS

3.1. Registration. Access to the Services requires you to be registered with us via a Captain-generated registration form. This form will require you to provide certain requested information (including personal information). At such time, you will be provided with an account and login information including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal data about you in connection with account registration on the Services, please review our Privacy Policy here.

3.2. Unauthorized Use and Information Changes. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.

3.3. Storing Credentials. The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Captain or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.

4. ACCESS THROUGH MOBILE DEVICES

4.1. Mobile Use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

4.2. Additional Terms Applicable on the Android Market/Google Play. Captain and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates (“Google”), are a party to this Agreement, and you will look to Captain for any recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Services as found on Google’s website: http://www.google.com/mobile/android/market-tos.html) and the Google Play Terms of Services (located at https://play.google.com/about/play-terms.html). You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in either the Android Market Terms of Services or Google Play Terms of Service, the Android Market Terms of Services or Google Play Terms of Services, whichever is applicable, will prevail and govern.

4.3. Additional Terms Applicable to iOS Devices. Captain and you both agree and acknowledge that neither Apple Inc., nor any of its subsidiaries or affiliates (“Apple”), are a party to this Agreement, and you will look to Captain for any recourse, and not Apple. You agree to be bound by the then-current Apple Media Services Terms and Conditions as found on Apple’s website: https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Services. To the extent there is a conflict between any of the terms contained herein and those set forth in the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions will prevail and govern.

5. FEES, INVOICING, AND PAYMENT.

5.1. Subscription Service Plans. When you accept this Agreement, you will have the option to purchase a tier-based subscription package that generally sets out your subscription information, features, and functionalities of the Services, including, without limitation, the term, duration, billing information, payment due dates, price, costs, fees, taxes, and recurring charges associated with those allowances and features. We refer to your subscription package and related terms as your “Plan.” You Plan will become part of this Agreement. If a term or condition of your Plan expressly conflicts with this Agreement, the term or condition in your Plan will govern. If at any time you change your Plan (for example, by accepting a promotional opportunity offered by Captain or subscribing to a new service offering), you will be subject to the requirements, such as a new minimum term, associated with that change. Any service‐included offer cannot be combined with any other offers and Captain reserves the right to cancel or modify the offer(s) at any time.

5.2. Basic Plan Offer. Captain may offer a free, basic-based Plan for a limited time that allows limited access to the suite of features and functionalities available on the Services. In the event you select a basic Plan, you have the ability to upgrade to a subscription-based Plan at any time. Occasionally, Captain may offer you a separate promotional opportunity to upgrade from a basic Plan to a subscription-based Plan for a discounted rate. In the event you accept the promotional offer, you will be automatically upgraded to the subscription-based Plan and you will be charged in accordance with the terms and conditions described in the promotional offer or otherwise at the termination or expiration of the promotional period. You may have the option of downgrading from a subscription-based Plan to the basic Plan at or around the end of the promotional period; provided, however, you do so before you are assessed any fees under the subscription-based Plan pricing. Notwithstanding, depending on the type of promotion offered, you may remain liable for any outstanding sums due in connection with your access and use of the subscription-based Plan during any period of promotion. Check the promotional offer, subscription-based Plan, and any communications from us for more details. For questions, contact us here: support@captain.solutions.

5.3. Your Rights to Change or End Your Subscription; Automatic Renewals. Your account will automatically be charged at the rates in effect at the time of renewal. You have the right to change your subscription package and Plan. How the change will affect your charges will depend on the choices you make. Except as otherwise provided in the next sentence, all terminations of Plans based on a monthly, annual, or other billing cycle by you during such cycle become effective on the last day of that billing cycle. You will remain responsible for all fees and charges incurred until then and you will not be entitled to any partial–month credits or refunds. SUBSCRIPTIONS AND FEES FOR ALL PRE‐PAID, MONTHLY, ANNUAL, AND SIMILAR SUBSCRIPTIONS, AND CERTAIN PROMOTIONAL SUBSCRIPTIONS ARE NONREFUNDABLE. Except as may be permitted by additional terms, each subscription to the Services is tied to one entity or company. If you add additional entities or companies to your account, you must purchase a separate subscription for each one.

5.4. Our Rights to Limit or End Your Subscription or this Agreement. We can, without notice to you, limit, suspend, or end your Plan or this Agreement for good cause, including if you: (1) breach this Agreement; (2) make a late payment more than once in any twelve (12) month period or, in the case of pre‐paid subscriptions, if your credit or debit card is declined more than once during any twelve (12) month period; (3) incur charges larger than a required deposit or billing limit (even if we have yet to bill the charges); (4) provide credit information we are unable verify; or (5) become insolvent or go bankrupt. We can also temporarily limit your Services for any operational or governmental reason.

5.5. Late Fee. IF WE DO NOT RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU THE LESSER OF A LATE FEE OF UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY) OR THE MAXIMUM AMOUNT PERMITTED BY LAW, WHICHEVER IS LESS, ON UNPAID BALANCES. IF YOUR PLAN INVOLVES BILLING BY A THIRD PARTY, LATE FEES WILL BE SET BY THAT PARTY, WHICH MAY BE HIGHER THAN OUR LATE FEES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES AND COSTS INCURRED IN COLLECTING FROM YOU AS PERMITTED BY RELEVANT LAW. You acknowledge that any collection fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to legal limitations in your state.

5.6. Returned Payment Fee. If any bank or other financial institution refuses to honor any payment of yours, we or our service provider may charge you a fee that is the lesser of (i) $20.00 ($15.00 for residents of West Virginia); or (ii) the maximum amount permitted under applicable law. We do not extend credit to customers and you acknowledge that any fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to legal limitations in your state.

5.7. Taxes, Fees and Surcharges. You are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. We may not always give advance notice of changes to these items.

5.8. Billing Details. Your Plan details and cost can be viewed online. Please visit https://captain.solutions/ or contact us at support@captain.solutions if you would like to receive more detailed account history or billing information, if you believe there are any billing errors, or if you have any other questions related to your account history or bill. You must notify us at support@captain.solutions or change your information via your online account immediately in the event of any change in your name, billing address, service address, email address, telephone number, credit or debit card, or other account information. You can dispute your account history or bill by contacting us at support@captain.solutions. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.

5.9. Payments. All payments must be made in U.S. Dollars. Payment is due in full each payment period. As a condition of your Plan, you may be obligated to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the Services. We may, at our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account. If you are late in making any payments to us, we reserve the right to suspend or terminate your access to the Services, and report any late payment or non‐payment to credit reporting agencies.

5.10. Authorization. By providing a credit card or other payment method accepted by Captain (“Payment Method”) for your Plan, you are expressly agreeing that we are authorized to keep such Payment Method on file and charge you the fees, charges, or other amounts described above. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details or contacting us at support@captain.solutions . When you provide a Payment Method to access your Plan, including in connection with a basic Plan offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

6. REPRESENTATIONS

6.1. Representations. You hereby represent and warrant that: (1) you (a) are over the age of 18; and (b) have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Services, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use the Services in order to gain competitive intelligence about us, the Services, or any product or service offered via the Services or to otherwise compete with us; and (8) your User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you.

6.2. Systems Representations. You represent that you shall, at all times during the term, procure, set up, maintain, and operate in good repair, at your sole cost and expense, all equipment, resources, technology, or systems, including computer hardware and equipment, any Internet access, third party software, and telecommunications services, necessary for you and/or your employer to access and use the Services (collectively, the “Customer Systems”). You further represent that in connection with your Customer Systems, you shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards necessary to securely administer the distribution and use of the Services, and protect against any unauthorized access to or use of the Services.

6.3. Feedback. In the event you provide any Feedback via the Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

7. Disclaimers of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnity; LIMITATION OF LIABILITY

8.1. Indemnity. You agree to defend, indemnify, and hold harmless Captain, our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our SERVICES, (b) your violation of this Agreement, (c) any USER CONTENT you provide through our SERVICES, (d) your violation of any law or the rights of any third party, and (e) your negligence or willful misconduct.

8.2. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CAPTAIN BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

8.3. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR or releasing party DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF THE RELEASE and that, IF KNOWN BY HIM OR HER, would HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR or released party." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST Captain.

9. Dispute Resolution and Governing Law, Jurisdiction and Costs

9.1. Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Los Angeles, California, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California. You irrevocably submit and consent to the personal jurisdiction of such courts.

9.2. Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to the Services or Captain Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and Captain agree to resolve such Dispute through confidential binding arbitration as set forth below.

9.3. Binding Arbitration. If you and Captain are unable to resolve a Dispute through informal negotiations, either you or Captain may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and Captain may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

9.4. Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the State Bar Act to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

10. Miscellaneous

10.1. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated. You may terminate this Agreement at any time by immediately discontinuing all access to the Services. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to the Services or any part thereof.

10.2. Independent Contractors. You understand and expressly agree that you and Captain are independent contractors and not agents or employees of the other party. Neither you nor Captain has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

10.3. Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor Captain will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

10.4. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

10.5. Privacy. We collect, store, and use data collected from you in accordance with our Privacy Policy here. The terms and conditions of our Privacy Policy are hereby expressly incorporated into this Agreement.

10.6. DMCA Notice. Captain values and respects the intellectual property rights of others and requires that users of our Services do the same. Those using our Services cannot infringe upon or violate the intellectual property rights of another person or entity. In accordance with the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for additional details), we will respond to and address any allegations of copyright infringement occurring as part of our Services. If you feel your intellectual property rights have been infringed upon, please contact Captain as shown below with the following information: (1) a physical or electronic signature of the person permitted to act on behalf of the copyright owner; (2) the specific copyrighted information or a description of the copyrighted information; (3) a description of where the alleged copyright infringement has occurred as part of our Services; (4) A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works; (5) contact information such as name, address, email address, phone number, or other means by which Captain can contact you; (6) a statement articulating you have a good faith belief that the use of materials on our Services is not authorized by the owner of the copyrighted material, its agent, or the law; and (7) a statement by you that the information you present is, under perjury of law, accurate and that you are the copyright owner or authorized to act on behalf of the individual alleging the copyright infringement.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Captain by mail or email as set forth below:

support@captain.solutions

or write to us:

Captain Solutions

144 W. Los Angeles Ave

#106-226

Moorpark CA 93021

Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Captain for certain costs and damages.

10.7. Entire Agreement. This Agreement constitute the entire agreement between you and Captain with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time, and will post the updated Agreement to the portal. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Services will constitute your agreement to any new provisions within the revised Agreement.

10.8. Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

10.9. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.

10.10. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

10.11. Contact Us. With questions, email support@captain.solutions or submit your question through our support services https://captain.solutions/.

Captain Solutions
Privacy Policy

Effective February 2021

This is the privacy policy (“Privacy Policy”) that governs how Captain Solutions and our affiliated companies (“Captain”, “we”, “our” or “us”), use Personal Information (defined below) that we process in connection with your use of use of our websites: https://captain.solutions and any other website we operate that links to this Privacy Policy (collectively, our “Sites”), our mobile application (our “App”), and all software, services, extensions, subdomains, and application programming interfaces related thereto (collectively, our “Service”).

Captain makes its Service available to individuals (“user”, “you”, or “your”) to provide artificial intelligence analysis and social media monitoring of online conversations. Please read this Privacy Policy carefully to better understand how we collect, use, and disclose Personal Information about you as you use our Service.

1. Introduction.

We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Information that is shared with us as part of using our Service. As used in this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable natural person. We may collect Personal Information from you directly through a web-form, or indirectly through document(s) you upload to our Service containing Personal Information, as discussed more fully in Section 3, below.

You may choose whether or not to provide or disclose Personal Information in connection with your use of our Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of our Service, but may be unable to access or use certain features, options, programs, products, and services.

Our Service may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by Captain. We are not responsible for the privacy practices or the content of those third party websites, products, services, and advertisements, and you visit them at your own risk.

2. CATEGORIES OF Personal Information we collect

We and our service providers may collect, and you may consent to provide, the categories of Personal Information set forth below in order to provide our Service to you, or because we are legally required to do so:

· Name;

· Email address;

· Address;

· Information included in your resume;

· Payment information;

· User name;

· Password;

· Public forum information; and

· Communications you send to us.

3. WHEN Personal Information is Collected.

Captain collects certain information that may constitute Personal Information in the following ways:

(a) Contact Information.

In various areas of our Service and in printed materials, we provide you the opportunity to submit a form with basic contact information, such as your name, email, or mailing address. With your permission, Captain uses such information to inform you of new products, technical information and services, and upcoming events that may be of interest. If you no longer wish to receive these emails, the opt-out process is described in Section 10 of this Privacy Policy. In addition, if you choose, you may participate in a Captain e-mail list server by subscribing within our Service or by contacting Captain staff directly. You may unsubscribe from these e-mail list servers by following the unsubscribe instructions found within the list email.

(b) Service Login Information.

We process the username and password of users to enable secure logging into our Service, and we process information regarding your role to appropriately control access to restricted content. We process this Personal Information only as necessary to provide our Service under our Terms of Service and to further our legitimate interests in protecting our Service and content.

(c) Payment Information.

When you purchase services or products from us, third-party service providers acting on our behalf process payment information, including payment card details and billing and shipping addresses, to help us fulfill your orders. Any Personal Information collected by such third parties will be subject to the third parties’ privacy policy, rather than this Privacy Policy.

(d) Personal Information Collected by Third Parties.

Please note that we use certain third party service providers on our Service to enhance your experience or deliver certain features, functionality, products, and services to you. These third party service providers may collect Personal Information about you when they are performing services on our behalf and/or when you are using certain functions on our Service that are operated by these third parties. Any information, including Personal Information, collected by such third party service providers will be subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Notice. For more information related to our third party service providers, please see Section 6(a) of this Privacy Notice.

(e) Application for Employment.

Our Service allows users to submit an application for employment. If you submit an application for employment, we provide the opportunity for you to submit some or all of the Personal Information listed in Section 2, above. We have a legitimate interest in this information so that we may process your application in accordance with our internal hiring practices. Please be advised that we only require you to submit your name, email, and employment sponsorship needs in connection with any application for employment. This information ensures we can contact you and comply with applicable employment law. You may consent, but are not required, to submit additional categories of Personal Information as part of the application process.

(f) Document Submissions.

Our Service may allow users to upload documents relating to their application for employment (namely, a resume and cover letter). If you choose to submit documents of this nature, you may disclose certain Personal Information through our Service as a product of your submission. Captain uses commercially reasonable efforts to ensure the appropriate administrative, physical, and technical safeguards are in place as it relates to the Personal Information you provide through our Service as part of any document submission.

4. Information Collected Automatically.

Certain information on our Service is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of our Service.

(a) Log Files.

(b) As part of our Service, we collect anonymous usage data. This is non-Personal Information that includes, but is not limited to, internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages, minutes spent completing assessments, minutes spent per learning module, and any other information your browser may send to us (collectively, “Usage Data”). This Usage Data may be used to monitor and analyze use of our Service, for technical administration, to enhance functionality and user-friendliness, and to tailor our Service to your and our other visitors’ needs. Our Clients may also have access to certain Usage Data. We do not treat Usage Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the purposes provided in this Privacy Notice. Cookies.

We use cookies to make interactions with our Service easy and meaningful. When you visit our Service, our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your web browser. We may use cookies that are session-based or persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. We use cookies that enable you to navigate our Service and use its features, such as accessing secure areas of our Service. Because required cookies are essential to operate our Service, there is no option to opt out of these cookies.

Visitors may wish to restrict the use of cookies or completely prevent them from being set. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:

· Cookie settings in Internet Explorer

· Cookie settings in Firefox

· Cookie settings in Chrome

· Cookie settings in Safari web and iOS.

Cookies may be set by us when you are visiting or using our Service (these are “first party cookies”) or by third parties, like our third party service providers and/or third party advertisers, (these are “third party cookies”). If you are primarily concerned about third party cookies generated by advertisers, you may be able to turn these off by going to the Your Online Choices or by visiting the Network Advertising Initiative’s Opt-out page, where you may be able to control third party online advertising. Please note that there are more networks listed on those sites than we may use as part of our Service. If you would like to find out more about cookies and their use on the internet, you may find the following links useful:

• Microsoft Cookies guide

• All About Cookies

If you disable cookies, please be aware that some of the features of our service may not function correctly.

To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites:

· networkadvertising.org

· optout.aboutads.info

· youradchoices.com

· youronlinechoices.eu

(c) Do Not Track Signals.

Captain does not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer's online activities over time and across third-party websites or online services.

(d) Analytics Service.

We may use certain third party analytics services to improve the functionality, features, or delivery of our Service. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Service. For example, we use Google Analytics on our Service to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Service, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics.

(e) Other Tracking Technologies.

When you visit our Service, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Service. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Service and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Service.

5. The Purposes For Which We Use Personal Information.

If you submit or we collect Personal Information through our Service, then such Personal Information may be used to:

· Provide, analyze, administer, improve, and personalize the Service;

· Contact you in connection with the Service, notifications, events, programs or offerings that you may have registered for;

· Send you updates and promotional materials;

· Provide personalized advertising to you;

· Identify and authenticate your access to the parts of the Service that you are authorized to access;

· For recruiting and human resources administration purposes;

· Investigate and address fraud;

· Contact you through email;

· Fulfill our responsibilities to our Clients;

· Protect our rights, our property, or the rights of third parties including our Clients; and

· Ensure the technical functionality and security of our Service.

6. How We Disclose Personal Information.

We do not sell, lease, rent or otherwise disclose the Personal Information collected from our Service to third parties unless otherwise stated below or with your consent.

(a) Our Third Party Providers.

We transfer Personal Information to our third party service providers to perform tasks on our behalf and to assist us in providing our Service. For example, we may share your Personal Information with service providers who assist us in performing core functions (such as hosting, data storage, and security) related to our operation of the Service and/or by making certain interactive tools available to you as a user. We also use third parties for technical and customer support, application development, tracking and reporting functions, quality assurance, and other services. In the performance of our Service, we may share Personal Information from or about you with these third parties so that we can deliver the highest quality user experience. We use commercially reasonable efforts to only engage with third parties that post a publicly available privacy policy.

(b) Advertisers.

From time-to-time, we engage advertising services to assist us in advertising our brand and Service. Those services may target advertisements on third-party websites based on cookies or other information indicating previous interaction with our Service.

(c) Aggregate Information.

To better serve our users, business partners, and to improve our Service, Captain may conduct research on user demographics, interests and behavior based on the Personal Information and other information provided to Captain. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents and business partners. This aggregate information does not identify a user personally. Captain may also disclose aggregated information in order to describe our Service to current and prospective business partners and to other third parties for other lawful purposes.

(d) Business Partners.

From time to time, we may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, we may share Personal Information collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of Personal Information we collect, and their use of the information will be in accordance with their own privacy policies.

(e) In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Privacy Policy and any Personal Information to a third party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).

(f) Other Disclosures.

We may disclose Personal Information about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms of Service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Captain, our users, or the public.

7. Retention of Personal Information.

We reserve the right to retain any Personal Information as long as the Personal Information is needed to: (i) fulfill the purposes that are described in Section 5, and (ii) comply with applicable law.

8. Data Security.

The privacy and security of Personal Information is very important to us. Taking into account the nature, scope, context and purposes of processing Personal Information as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, Captain has implemented appropriate technical and organizational measures to ensure and to be able to demonstrate that processing of Personal Information is performed in accordance with applicable law. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

9. YOUR CHOICES.

If you have questions regarding the personal information collected via our service, you may submit an inquiry to our contact page here: support@captain.solutions and we will use commercially reasonable efforts to respond in a timely manner in accordance with applicable law. You may choose not to receive future promotional or advertising emails from us or our client by selecting an unsubscribe link at the bottom of each email that you receive, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to our contact page above. Please note that even if you opt out of receiving the foregoing emails, you cannot opt out of receiving transactional emails related to our service.

8. INTERNATIONAL USERS.

Please note that our Service is directed towards users who reside in the United States. By using our Service, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Notice.

10. Children's Privacy.

Our Service is intended for individuals over eighteen 18 years of age. We do not target children and do not knowingly collect any Personal Information from children under the age of thirteen (13). When a user discloses Personal Information on our Service, the user is representing to us that he or she is at least eighteen (18) years of age.

11. email communicationS.

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Additionally, you may send a request specifying your communications preferences to https://captain.solutions. You cannot opt out of receiving transactional emails related to the performance of our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

12. Your California Privacy Rights.

This section applies to our collection and use of “Personal Information”, as defined under California law, if you are a resident of California.

(a) Categories of Personal Information Collected, Used, and Disclosed

In accordance with California law, we collected the following categories of Personal Information within the preceding 12 months:

Identifiers such as your name, alias, email address, mailing address, IP address, and online identifiers;
Certain categories of Personal Information described in subdivision (e) of California Civil Code Section 1798.80;
Internet or other electronic network activity information, including information on your usage of our Service;
Information used to create a profile about a consumer reflecting the consumer’s preferences or behavior;
Professional or employment-related information;
Geolocation data; and
Commercial information, including records of products or services purchased or other purchasing histories.

We do not sell Personal Information. We may disclose each of these categories of Personal Information with our service providers, but only to the extent necessary for them to facilitate our business purposes (including any purpose specified in Section 5, above).

(b) Your California Privacy Rights

If you are a resident of California, you have the following rights:

Right to Know. You may have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request information on the categories of Personal Information that were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
Right to Delete. You may have a right to request us to delete Personal Information that we collected from you.

If you would like to exercise your rights listed above, please contact us here please send an email to support@captain.solutions or write to us:

Captain Solutions
144 W. Los Angeles Ave.
#106-226
Moorpark CA 93021

When doing so, please tell us which right you are exercising and provide us with contact information to direct our response.

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.

You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.

13. Changes to this Privacy Policy.

As our organization changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on our Service. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Service frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

14. Contacting Us.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to support@captain.solutions.