Capitol Advantage - Capwiz Test Drive

Try Capwiz for free with no obligation! Complete the form below and we will create a customized Capwiz site for you in one business day.
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Capwiz:
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	Federal + 50 States
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Capwiz(tm) Test Drive
STANDARD TERMS & CONDITIONS

1. AGREEMENT - This Subscription, License and Lease Agreement (the "Agreement") is made by and between Capitol Advantage LLC ("CA"), a Virginia limited liability company and the entity listed as the Subscriber on the Capwiz Test Drive order form (the "Subscriber") for a subscription and license to use the Capwiz service and lease of capacity on CA's servers (collectively the "Service"). In exchange for the Service, Subscriber agrees to abide by the terms listed in this Agreement.

2. ACTIVATION - Upon Activation of this Agreement by Subscriber and CA, CA agrees to install the Service at the CA-URL, and hereby grants Subscriber the license to hyperlink to the CA-URL from the Subscriber URL, beginning on the Activation Date, in order to provide the benefits of the Service to Subscriber.

3. TERM - The Capwiz Test Drive shall commence upon Activation of Subscriber's Capwiz site and continue for up to Fifteen (15) Days.

4. FEES - There is no fee to Subscriber to use the Service during the Term, however any changes or modifications (except those made as part of adding a custom feature) made by CA at the request of Subscriber will be billed at an hourly labor fee of One Hundred Fifty Dollars () per hour with a minimum charge of One Hundred Fifty Dollars ().  The hourly labor fee is subject to change without notice.   Subscriber agrees to pay all such bills within 30 days of receipt.

5. TERMINATION -Either party may terminate the Agreement at any time for any reason or for no reason at all.
 
6. INTELLECTUAL PROPERTY	
(A)Subscriber specifically acknowledges and agrees that all CA database data, including but not limited to text, photos and graphics as well as any new online applications, technology or products produced by CA under the Agreement, are and will continue to be the sole property of CA.  Except for making the Service available to Subscriber's website users ("Users") in accordance with the terms of this Agreement, Subscriber is prohibited from copying, repurposing, or reselling to any third party, organization, or person any part of the Service or providing access to any part of the Service, including the creation of private label sites using the Service, unless specifically authorized in writing by CA.  Subscriber shall use its best efforts to prohibit its Users from violating the above.  Any data placed in the Service by Subscriber and any data specific to Subscriber signups, alerts and responses to alerts are the property of Subscriber and will not be used by CA for any purpose other than in connection with the performance of the Agreement.  Any data and/or content placed on the Service or modified by Subscriber shall be done so solely at the risk and responsibility of Subscriber who shall fully and completely indemnify and hold harmless CA for any use thereof, including but not limited to any content errors, email messages, omissions or infringing material, and for any improper or unauthorized use of the service by Subscriber or its constituents, members or other users.  Subscriber shall not use the Service in any manner except as expressly provided in the Agreement, and only in a manner consistent with acceptable internet practices, policies and standards.  CA shall have the right to terminate the Agreement for Subscriber's use in violation of the Agreement.  
(B)Subscriber Marks.  Subscriber hereby grants CA a non-exclusive license to use its logos, trademarks and service marks (collectively, "Subscriber Marks") in connection with the Service as provided in this Agreement and in CA's advertising and marketing media.  CA acknowledges and agrees that Subscriber owns and/or otherwise has the exclusive right to use and to license Subscriber Marks.  Should Subscriber find objectionable any use of Subscriber Marks by CA, Subscriber shall have the right to revoke, with respect to the objectionable use, the rights granted to CA under this Agreement to use Subscriber Marks, and CA shall immediately cease using Subscriber Marks in the manner found objectionable by Subscriber.

7. CAPWIZ MESSAGE THRESHOLD - Subscriber's use of the Service to allow site visitors to create and send messages is limited to the sending of Twenty Five Thousand (25,000) messages during the Term.

8. WARRANTY/LIABILITY - CA warrants that it has all rights, title and interest in the Service.  CA shall provide periodic updates to the Service and use reasonable efforts to correct any material defect discovered by Subscriber.  The Service is provided "as is" or as modified over the life of the Agreement, and except as otherwise stated, CA makes no representations or warranties of any kind, either expressed or implied, including, but not limited to warranties of merchantability or fitness for any particular use and Subscriber specifically releases CA from any such warranties or representations. The Site Control interface of the Service is optimized for Microsoft® Internet Explorer versions 6+ for Windows®.  Some features of Site Control may not function as designed on other browsers and operating systems.  This limitation only applies to the Site Control (administrative) interface and not the Service's user interface.  CA's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, acts of terrorism or incidents related thereto, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like ("Force Majeure").  To the extent failure to perform is caused by such a Force Majeure event, CA shall be excused from performance hereunder so long as such event continues to prevent such performance, and provided CA takes all reasonable steps to resume full performance.
CA shall not be liable for any special, indirect or consequential damages, or punitive damages, for loss of any kind arising out of the Agreement or the use or inability to use the Service.

9. VENUE/JURISDICTION/APPLICABLE LAW - In any action relating to the Agreement, Jurisdiction and venue shall be in the Fairfax County Circuit Court or the United States District Court for the Eastern District of Virginia (Alexandria Division) within the Commonwealth of Virginia, and Subscriber expressly waives any objectionsto venue or personal jurisdiction therein and hereby submits to said jurisdiction and venue.  In any such action, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and any other relief granted. The Agreement shall be interpreted under and governed by the laws of the Commonwealth of Virginia, without giving effect to the principles of conflicts of laws thereof

10. JURY TRIAL WAIVER - All parties hereto hereby waive a trial by jury in any matter related to or arising from the Agreement. 

11. WAIVER - No failure or delay by CA in exercising any of its rights and remedies under the Agreement or otherwise shall constitute a waiver thereof, and no single or partial waiver of any default or other right or remedy shall operate as a waiver of any other default, right or remedy or of the same default, right or remedy on a future occasion.  

12. NOTICES - All notices to CA and Subscriber shall be sent to the addressees set forth in the Agreement unless a written change of address is received by the other party. 
	 
13. MODIFICATION/ASSIGNMENT - The Agreement and this Addendum as modified by CA from time to time constitute the entire agreement between the parties with respect to the subject matter hereof.   The Agreement shall supersede all other prior written or oral agreements, if any, between the parties with respect to the Service and shall be binding upon each of them and upon their respective successors and assigns. The Agreement may be assigned in whole or in part by CA, however it may not be assigned by Subscriber without the written approval by CA.
I accept the terms and conditions above.