Effective: May 25, 2018
THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THEWEBSITE (CAPITOLCONCIERGE.COM) (THE “SITE”) AND THE SERVICES PROVIDED BY CAPITOL CONCIERGE, INC. OR ITS AFFILIATES (“CAPITOL”) PURSUANT TO AN ONLINE REQUEST. As used hereafter, “You” refers to the person who requests a proposal or service via the Site (each a “Request”). By making a Request, You will be deemed to have agreed to, and be bound by, the following terms and conditions:
Privacy Policy. The Request and any response made by You are subject to Capitol’s Privacy Policy, a copy of which can be found here, and is incorporated into these Terms by reference. Capitol reserves the right to disclose or use any information contained in a Request to prepare a proposalor provide, arrange or coordinate the services.
Requests. Capitol, in its sole and exclusive discretion, and with or without notice or reason, may accept or reject any Request.
Information. Capitol reserves the right to request additional information from You to prepare a proposal or provide, arrange or coordinate the services. Capitol will not be responsible for errors or omissions in any Request submitted by You.
Communications and Text Messages. By voluntarily providing your cell phone number to Capitol, you agree that Capitol may contact you by telephone, text (SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You may unsubscribe from receiving text messages from Capitol at any time. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages.
Force Majeure. Capitol will not be liable for any delay or default in performance of its obligations under these Terms if such delay or default is caused by acts of God, flood, fire, earthquake or elements of nature, riots, terrorism, civil disorders or any other similar cause beyond the control of Capitol, including but not limited to, negligence, omissions or acts of third parties.
Disclaimer. CAPITOL, FOR ITSELF, ITS PARENT AND AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN THE GENERATION OR FULFILLMENT OF A REQUEST, INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR GENERATED OR FULFILLED PURSUANT TO A REQUEST IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. YOU AND CAPITOL AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. Representations made regarding products and services provided by third parties are governed by the policies and representations made by such third parties, if any.
Limitation of Liability. IN NO EVENT SHALL CAPITOL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CAPITOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO CAPITOL, IF ANY, OR (B) $100 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
Governing Law. Any action related to these Terms will be governed by Virginia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Commonwealth of Virginia, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Waiver and Severability. Any waiver by Capitol of any provision of these Terms must be in writing. If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
Amendment. Capitol reserves the right to amend these Terms at any time at its sole discretion, with or without notice. You shall be bound to the Terms as so amended.