1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Capra Analytics LLC, a California limited liability company (“Capra,” “we,” “us,” or “our”), governing your access to and use of the website located at www.capraanalytics.com (the “Site”), including any scheduling, contact, or booking functionality provided through the Site.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Site immediately.
1.1 Changes to These Terms
We reserve the right to modify these Terms at any time. A change is considered “material” if it alters your rights or obligations in a substantive way, including but not limited to changes to the limitation of liability, indemnification, dispute resolution, class action waiver, or governing law provisions. When we make material changes, we will: (a) update the “Last Updated” date above; (b) display a prominent banner notice on the Site for at least thirty (30) days; and (c) where feasible, send an email notification to individuals whose email addresses we have on file. Your continued use of the Site following the thirty (30) day notice period constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
2. Description of Services
Capra Analytics is a managed growth infrastructure company that provides website design, development, local search engine optimization (“SEO”), hosting, security, and ongoing digital management services to local service businesses. The Site provides general information about our services, company, and methodology, and allows visitors to submit inquiries through contact forms and schedule consultations through our integrated booking system (powered by Cal.com).
The information presented on the Site is for general informational purposes only. Nothing on the Site constitutes a binding offer, proposal, or guarantee of results. The establishment of a client relationship requires a separate, executed service agreement between you and Capra.
3. Eligibility
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding agreements to use this Site. By using the Site, you represent and warrant that you meet these eligibility requirements. If you are using the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
• 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
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written consent
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Reverse engineer, decompile, or disassemble any portion of the Site or its underlying technology
• Use the Site to transmit unsolicited commercial communications (spam), chain letters, or pyramid schemes
• Impersonate or attempt to impersonate Capra, a Capra employee, another user, or any other person or entity
• Use any information obtained from the Site to harass, abuse, or harm another person or entity
• Submit false, misleading, or fraudulent information through any contact form or booking system on the Site
• Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation
5. Intellectual Property Rights
5.1 Capra’s Intellectual Property
The Site and its entire contents, features, and functionality — including but not limited to all text, copy, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are owned by Capra Analytics LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Capra Analytics name, the Capra logo, the Capra Protocol methodology and its constituent phase names (Audit, Build, Manage), and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Capra Analytics LLC. You may not use such marks without our prior written permission.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial informational purposes only. This license does not include the right to: (a) modify or copy the Site or its materials; (b) use the Site or its materials for any commercial purpose or public display; (c) remove any copyright, trademark, or other proprietary notices from the Site materials; or (d) transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Capra at any time.
5.3 User Submissions
Any information, feedback, ideas, suggestions, or other materials you submit through the Site (including through contact forms and booking forms) shall be deemed non-confidential and non-proprietary unless a separate written confidentiality agreement exists between you and Capra. By submitting such information, you grant Capra a non-exclusive, royalty-free right to use such content for internal business purposes, including responding to your inquiry, evaluating your service needs, managing scheduling, and improving our services. We will not publish, distribute, or publicly display your submissions without your separate consent, except as necessary to provide our services or as required by law.
6. Contact Forms, Booking, and Communications
The Site offers contact forms, inquiry forms, and an integrated booking system (powered by Cal.com) for you to submit information and schedule appointments with us. By submitting information through these mechanisms, you represent and warrant that the information you provide is accurate, complete, and current. You acknowledge that your submissions are governed by our Privacy Policy.
Submitting a contact form or booking an appointment does not create a client-service provider relationship between you and Capra. A client relationship is established only upon the mutual execution of a separate service agreement.
By providing your email address or phone number, you consent to receive communications from us related to your inquiry or scheduled appointment, including confirmation emails, reminders, and follow-up messages. You may also receive marketing communications if you have opted in or where permitted by law. You may opt out of marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us directly.
6.1 Consent to Electronic Communications
By using the Site, submitting a contact form, or booking an appointment, you consent to receive electronic communications from us, including by email, SMS (if you provide a phone number), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent to electronic communications is provided in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state law. You may withdraw your consent to receive electronic communications by contacting us at privacy@capraanalytics.com, but doing so may limit your ability to use certain features of the Site.
7. Disclaimers
7.1 No Guarantee of Results
While Capra employs industry best practices in website design, SEO, and digital management, we do not guarantee any specific results, including but not limited to search engine rankings, website traffic, lead generation, conversion rates, or revenue outcomes. Results vary based on numerous factors outside of our control, including market conditions, competition, client cooperation, and search engine algorithm changes.
7.2 No Professional Advice
The content on the Site is provided for general informational purposes only and does not constitute legal, financial, business, or other professional advice. You should consult qualified professionals before making decisions based on information obtained from the Site.
7.3 “As Is” and “As Available”
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CAPRA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.4 Third-Party Services
Certain features of the Site rely on third-party services, including Cal.com for appointment scheduling, Google Workspace for form data processing, and Framer for website hosting. We do not warrant the availability, accuracy, or reliability of these third-party services and are not liable for any disruption, data loss, or other issues arising from their use.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAPRA ANALYTICS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY FAILURE OR DISRUPTION OF THIRD-PARTY SERVICES INTEGRATED WITH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL CAPRA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT CAPRA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless Capra Analytics LLC, its members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site; (c) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right; or (d) any claim that your submissions or use of the Site caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Site.
10. Third-Party Links and Content
The Site may contain links to third-party websites, resources, or services that are not owned or controlled by Capra, including our scheduling platform (Cal.com). We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that Capra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such third-party websites or services.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
11.2 Venue
Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Orange County, California. You hereby consent to personal jurisdiction and venue in such courts and waive any objection based on inconvenient forum.
11.3 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact us at privacy@capraanalytics.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. If the dispute is not resolved within that period, either party may pursue formal resolution as permitted under these Terms.
11.4 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAPRA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE. IF A COURT OF COMPETENT JURISDICTION FINDS THIS CLASS ACTION WAIVER TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION SECTION (SECTION 11) SHALL BE DEEMED VOID, AND ANY DISPUTE SHALL PROCEED IN THE COURTS IDENTIFIED IN SECTION 11.2 ABOVE.
This class action waiver is an essential element of these Terms, and if it is found to be unenforceable, the Parties intend that disputes proceed on an individual basis in the courts of Orange County, California, rather than on a class or representative basis under any alternative dispute resolution mechanism.
12. Termination
We may terminate or suspend your access to the Site, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, the class action waiver, indemnity, and limitations of liability.
13. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. Notwithstanding the foregoing, if the class action waiver in Section 11.4 is found to be unenforceable, the severability provision of this Section 13 shall not apply to Section 11 in its entirety, and Section 11 shall be governed by the fallback provision set forth in Section 11.4.
14. Waiver
No waiver by Capra of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Capra to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by Capra on the Site, constitute the entire agreement between you and Capra with respect to your use of the Site. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. For the avoidance of doubt, these Terms govern only the use of this website; any client services engagement shall be governed by a separate Master Service Agreement.
16. Accessibility
Capra Analytics is committed to ensuring that our Site is accessible to individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and continually work to improve the accessibility and usability of our Site for all visitors.
If you experience any difficulty accessing any part of our Site, or if you have suggestions for improving accessibility, please contact us at privacy@capraanalytics.com or use the contact information provided in Section 18 below. We will make reasonable efforts to accommodate your needs and to address any accessibility concerns promptly.
17. California Consumer Notices
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Capra Analytics LLC
privacy@capraanalytics.com