IS PORTAL IS MADE AVAILABLE SOLELY FOR PURCHASERS AND CUSTOMERS (“YOU”) OF CAPTIUM SERVICES AND IS PROVIDED SUBJECT TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS PORTAL WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PROMPTLY EXIT THIS PORTAL. YOU REPRESENT THAT YOU HAVE AUTHORITY FROM YOUR EMPLOYER TO ENTER INTO THESE TERMS OF USE ON THEIR BEHALF AND BIND THEM TO THESE TERMS.

Last Modified: January 2020

1. Restrictions on Use and Ownership. This portal and all services and data, materials, and content made available through them (collectively the “Portal”) are the property of Akron Brass Company (“Akron”, “us”, or “we”) and/or its subsidiaries, affiliates, vendors, and licensors. We have created this Portal as a convenience to our customers for purposes of viewing certain equipment usage and statistical data for compatible systems connected to the Captium System. We grant you a nonexclusive, non-transferable license to use the Portal solely for your use in connection with the information obtained during operation of your equipment. As a condition of your use of this Portal, you warrant that you will not use the Portal for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Portal automatically terminates and you must immediately destroy any downloaded or printed materials.

All trademarks, service marks, icons, and logos used in this Portal are the trademarks, service marks or logos of Akron or their respective owners.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Portal. You agree not to collect personally identifiable information of other users of the Portal or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Akron and/or its vendors and licensors.

We may, in our sole discretion and without prior notice, modify the Portal, remove or alter functionality, or cease provision of the Portal at any time. Termination of the Portal will not affect the status of any products or services provided by you under another agreement with the Akron.

1. Copies of These Terms of Use; Updates. You may print a copy of these Terms of Use using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms of Use at any time, and by your continued use of the Portal agree to be bound by future revisions. It is your responsibility to periodically visit the “Terms of Use” link at the bottom of our home page to review the most current version of the Terms of Use. You may use your browser to print copies of any updated Terms of Use.
2. Restrictions. You may not and will not allow any third party to, (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Portal, except to the extent expressly permitted by applicable law; (ii) use the Portal to develop a competing product or service; (iii) use the Portal for any purpose for which it was not designed or inconsistent with any online documentation we provide; and (iv) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Portal, or any other products or materials made available through the Portal.
3. Limited Access Areas of the Portal; Registration. Certain areas of the Portal require registration, establishment of an account, and the use of a username and password to access. By registering, you represent and warrant (a) that you are 18 years of age or over and reside in the United States, and (b) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. Akron may revoke registration and accounts at any time, if use would expose Akron to potential liability, violate applicable law, breach these Terms of Use, or disrupt operation of the Portal. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password. You will notify Akron immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Portal at the end of each of your uses of the Portal.
4. Your License to Us. You grant us a non-exclusive, world-wide, royalty-free license to use the documents, information, graphics, data, content, and other materials uploaded by you to the Portal (the “Content”) for purposes of furnishing the Portal to you and the services and functionality available through the Portal. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Except for the license granted in this Section, nothing contained in these Terms of Use will be construed as granting us any right, title, or interest in your Content. You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of the Portal and the Content (the “Aggregated Data”) for our business purposes, including the provision of products and services to our customers; provided the Aggregated Data is combined with similar data from our other customers and does not include (directly or by inference) any information identifying you or any identifiable individual. The Aggregated Data will not be considered confidential or proprietary to you.
5. Your Obligations. You represent and warrant that you have all right, title, and interest necessary to post your Content to the Portal and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. Akron may, but is not obligated to, monitor or review any areas of the Portal where user Content may be made available, including, but not limited to, chat rooms, discussion areas, and other user forums. Akron, however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Akron retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate. In addition to the foregoing, you may not use the Portal for, or in connection with, any of the following activities:

• Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming, routines or engines, including, without limitation, via means of submitting a virus to the Portal, that are intended to damage, destroy, disrupt, overload, flood, mailbomb or crash or otherwise impair a computer’s functionality or the operation of the Portal, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies.
• Providing computer time sharing, third party training, virtual or actual hosting or service bureau use for any third parties.
• You may not violate or attempt to violate the security of the Portal. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations, and we may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer.

1. Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Portal and our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, You grant us an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of our products and services.
2. Your Indemnity. You will, at your own expense, indemnify, defend, and hold Akron and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Portal or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Portal through your account, (c) based on your actual or alleged breach of these Terms of Use, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without Akron’s prior written consent.
3. Privacy. Please review Akron’s Privacy Policy located at https://www.captiumconnect.com/privacy-policy for details on the manner in which we collect, use, disclose and otherwise manage of personal information, if any, disclosed in use of the Portal.
4. Warranty Disclaimer. THIS PORTAL, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PORTAL-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PORTAL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AKRON OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5. Limitation of Liability. AKRON AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE PORTAL ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL IS TO STOP USING THE PORTAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Accuracy and Integrity of Information. Although Akron attempts to ensure the integrity and accurateness of the Portal, it makes no guarantees whatsoever as to the correctness or accuracy of the Portal. It is possible that the Portal could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Portal by third parties. In the event that an inaccuracy arises, please inform Akron so that it can be corrected. Information contained on the Portal may be changed or updated without notice.
7. Choice of Law; Venue. These Terms of Use are entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Portal or these Terms of Use will be resolved in Ohio. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
8. Entire Agreement. These Terms of Use, as may be amended from time-to-time by Akron, constitute the entire agreement between Akron and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Portal.