EFFECTIVE AS OF AUGUST 11, 2023
Through its website, Bycap, Inc., an Illinois corporation (hereinafter referred to as “Company”), provides a platform through which individuals (“Users”) can access the information about Company’s products and services. In furtherance of this goal, Company has adopted these Terms of Use (referred to herein as the “Terms” or the “Agreement”) that apply to all use by Users of the Company website located at www.bycap.com, related webpages, or mobile applications (collectively, the “Site”). By, and in consideration of, accessing the Site you, on behalf of yourself and any person, business or other entity on behalf of which you are accessing the Site or using the Services (collectively referred to herein as, “you”) agree that you have read and understand and will comply with these Terms.
This Site is offered and available to users who are eighteen (18) years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are under the age of eighteen (18), you must not access or use the Site.
The Site is owned by Company. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
You agree to the following conditions of use of the Site:
Improper Use of the Site: You shall not use the Site in any manner prohibited by any federal, state, or local laws, rules, and/or regulations. Without limiting the foregoing, you shall not use the Site for any abusive, fraudulent, or deceitful purpose, in any way that damages, access, or trespasses Company’s property.
Additionally, you agree not to: (i) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (ii) use any robot, spider, or automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in the Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Site.
Utilization of Network Resources: The abuse, misuse, disruption, degradation, and/or other compromise of Company’s network resources and services by any User is prohibited.
Company makes the Site available to you subject to these Terms and all applicable laws. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. These Terms shall take effect immediately on your first time accessing the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use the Site.
You warrant to Company that you will not attempt to bypass or gain unauthorized access to the Site or any computer systems or networks connected to the Site of any Company server through any means, including, but not limited to hacking and password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Company.
You agree to not interfere in any way with others’ use of or access to the Site. Company reserves its right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
All content included or available on the Site, including the Site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright (© 2023 Bycap, Inc.) with all rights reserved. As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site. You may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Site without the prior written consent of Company, which may be withheld, conditioned or delayed in its sole discretion. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by applicable law. Company, its affiliates, and our licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how and trade secrets relating to the Site. Company’s logos and name are trademarks of Company and may be registered in certain jurisdictions. All other company names, marks, logos and symbols on this Site may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license for any of Company’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
You shall not at any time, directly or indirectly, disclose or use for your own benefit or gain any of Company’s Confidential Information, as defined below, without Company’s express written consent. You also agree that you will undertake all necessary and appropriate steps to ensure that the Confidential Information will be maintained confidential. Upon termination of this Agreement, you agree that all Confidential Information and any other documents, records, notebooks, and similar repositories containing any information or other property of Company shall be destroyed immediately. “Confidential Information” includes, but is not limited to: (a) User-specific information; (b) information that is clearly marked or otherwise designated as confidential when disclosed; and (c) other information normally understood to be confidential and not fully disseminated in the public domain.
You may submit questions, requests, messages, comments or ideas (“Messages”) about the Site or Company’s products to Company through the Site. By submitting Messages, you agree that your submission of Messages is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary duty or other obligation, including obligation to response to Messages, that Messages do not contain the confidential or proprietary information of third parties, and that Messages shall be the sole property of Company which Company is free to use without any compensation to you and to disclose on a non-confidential basis or otherwise to anyone.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
These Terms and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Company to store, backup, retain or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Company is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with these Terms, including but not limited to: (i) your use of or your inability to use the Site; (ii) delays or disruptions in the Site; (iii) viruses or other malicious software obtained by accessing or linking to the Site; (iv) glitches, bugs, errors or inaccuracies of any kind in the Site; (v) the content, actions or inactions of third parties’ use of the Site; and (vi) your need to modify practices or behavior as a result of changes to the Terms.
YOU USE THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE, OR NON-INFRINGEMENT. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD-PARTY OR THE ACCURACY OF ANY CONTENT POSTED ON THE SITE BY A THIRD PARTY, INCLUDING ANY USER.
YOUR SOLE REMEDIES HEREUNDER ARE AS EXPRESSLY SET FORTH IN THIS SECTION. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES.
If, notwithstanding the limitations of liability, Company, its subsidiaries, affiliates, licensors, or suppliers are found liable for any loss or damage which arises out of or in any way connected with this Agreement or services or operation of this Site, then liability will in no event exceed the lesser of: (1) $2,500 or (2) any charges retained by Company with respect to the affected User during the three-month period preceding the date of the origination of the User’s claim.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Company, its subsidiaries, affiliates, suppliers, and licensors.
You shall indemnify, defend, and hold harmless Company from and against any and all claims, losses, costs, expenses (including attorneys’ fees), injuries, demands, damages, actions, suits, and/or proceedings whether civil, criminal, administrative, or investigative (collectively, “Claims”) related to or arising out of: (i) your negligence or willful act or omission; (ii) your misuse of the Site; (iii) your breach of any term, condition, representation, warranty, duty, and/or obligations set forth in the Terms; (iv) any libel or slander by you; and/or (v) infringement of any patent, copyright, trademark, trade name, or service mark arising out of your Messages or other use of the Site. You agree to notify Company promptly, in writing, of any Claims, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Claims.
This Agreement will become effective upon your first time accessing the Site and will remain in effect until terminated pursuant to the terms hereof or for so long as the Site is in existence. Unless both you and Company agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice, except as otherwise provided below. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you from any obligations to Company incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
Without limiting Company’s other remedies, it may temporarily or indefinitely suspend or permanently revoke your access to the Site if: (a) you breach the letter or spirit of any Terms; (b) Company suspects or becomes aware that you have provided false or misleading information to Company or any User; (c) Company believes, in its sole discretion, that your actions may cause legal liability for you, any Users, or Company or its affiliates; may be contrary to the interests of the Site or the Company; or may involve illicit activity; or (d) Company otherwise reasonably determines that doing so is in the best interests of Company and/or its Users.
Without limiting Company’s other remedies, if you engage in actions or activities that damages the Site, you must pay Company for all amounts owed to Company and our affiliates and reimburse Company for all losses and costs (including any and all time incurred by employees and contractors of Company or its affiliates) and reasonable expenses (including attorneys’ fees) related to investigating such actions. In addition, violations of this Agreement may be prosecuted to the fullest extent permitted by the law and may result in additional penalties and sanctions.
The domestic law of the State of Illinois shall govern the construction, interpretation, and performance of this Agreement, without regard to its conflict of law principles. Any litigation or dispute related to this Agreement will be brought in state or federal courts located in Chicago, Illinois, and you hereby irrevocably consent to personal jurisdiction of such courts for such purpose. No party hereto shall make a motion to dismiss or transfer any case filed in accordance with this subsection on the basis of improper venue, personal jurisdiction, or for the convenience of any party or witness.
In the event that Company is deemed the prevailing party in any litigation, Company shall be entitled to recover from you all costs and expenses incurred by Company in relation to such legal action, including reasonable attorneys’ fees.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
TO THE EXTENT PERMITTED BY LAW, THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE, AND YOU WILL BE BOUND BY SUCH CHANGES AS OF THE DATE OF SUCH CHANGES. Accordingly, Users are directed to check the Site often for updates.
PLEASE PRINT THESE TERMS AND RETAIN A COPY FOR YOUR RECORDS.
Communications from Company to You: By visiting the Site, you are deemed to have executed this Agreement electronically, effective on the date you visit the Site, pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §§ 7001 et seq.). Visiting the Site constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement. Unless you otherwise indicate in writing to Company, Company and its affiliates are permitted to communicate with you by text message or email and/or by posting communications on the Site. You will be considered to have received a communication when Company sends it to the mobile number or email address you have provided to Company on the Site or when Company posts such communication on the Site.
Communications from You to Company: All notices to Company required hereunder must be in writing and delivered either (i) in person; (ii) by a means evidenced by a delivery receipt, to the following address: 5505 N. Wolcott Ave., Chicago, Illinois 60640; or (iii) in writing via email to [email protected]. All such notices are deemed effective upon documented receipt by Company. Company does not accept service of any legal process by email or mail; all such service should occur by hand delivery to Company or its registered agent for service of process.
In the event a User becomes aware of any unauthorized use or violation(s) of these terms by any person, such User is required to promptly report the violation(s) to Company via email at [email protected]. If available, User shall be prepared to provide the following information to Company concerning the alleged violation: (a) name of persons associated with the violation; (b) the date and time of the violation; and (c) a description and circumstances of the violation.
Force Majeure: Company shall not be liable to any User for any delay, failure in performance, loss, or damage to the extent caused by force majeure conditions such as acts of God, fire, explosion, power blackout, cable cut, act of terrorism, epidemic, acts of regulatory or governmental agencies, unavailability of right-of-way, spectrum interference, electrical storms, heavy precipitation, excessive weather conditions, unavailability of services or materials upon which the Site relies, or other causes beyond the Company’s reasonable control.
Assignment and Transfer: You are strictly prohibited from assigning any right, obligation or duty, in whole or in part, and/or of any other interest hereunder, without the prior written consent of Company, of which consent can be withheld for any reason. Company may assign its rights and obligations hereunder to any party or entity without any party’s consent. All obligations and duties of a User under this Agreement shall be binding on all successors in interest and assigns.
Entire Understanding: This Agreement constitutes the entire understanding between you and Company related to the subject matter hereof, and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Site.
Survival: The rights and obligations of a User, that by their nature would continue beyond the expiration or termination of this Agreement, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of this Agreement.
No Waiver: No failure by Company to enforce any rights hereunder shall constitute a waiver of such right(s).
No Agency: No User is an agent, representative, or partner of Company or is able to bind Company. Users and Company are independent contractors and this Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between such parties.
Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Article Headings and Pronouns: The article headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof. The singular form denotes the plural and the masculine form denotes the feminine or neuter wherever appropriate.