Effective July 31, 2026
These Terms of Service (the "Terms") govern your access to and use of the Capped Out Media client onboarding portal at intake.cappedoutmedia.com (the "Portal"), operated by Capped Out Media ("Company," "we," "us"). By accessing or using the Portal, you agree to be bound by these Terms. If you are using the Portal on behalf of a business, you represent that you have authority to bind that business, and "you" refers to that business.
1. Purpose of the Portal
The Portal collects information and account credentials that Capped Out Media needs to perform services under your service agreement with us. The Portal is not a consumer service and creates no service obligations by itself. Your engagement with Capped Out Media is governed by your separate service agreement; where these Terms and that agreement conflict, the service agreement controls for the services, and these Terms control for use of the Portal.
2. Your Responsibilities
You agree to provide information that is accurate and that you are authorized to share. You represent that any credentials you submit belong to accounts you own or control, and that sharing them with us for the purpose of performing services does not violate any third party's terms. Keep your private onboarding link confidential; anyone with the link can view and edit your submission.
3. Credentials and Security
Credentials submitted through the Portal are encrypted at rest and are used solely to perform the services. You can change any password you have shared with us at any time, and we recommend rotating credentials when our engagement ends. You remain responsible for the security practices of your own accounts, including enabling recovery methods you control.
4. No Professional Advice; No Guaranteed Results
Nothing in the Portal or in our communications constitutes legal, tax, accounting, or other professional advice. Marketing outcomes depend on factors outside our control, and we make no representation or warranty that any particular result, revenue, or performance will be achieved.
5. Disclaimer of Warranties
THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PORTAL WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPPED OUT MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE PORTAL. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PORTAL WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID US FOR PORTAL ACCESS IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.
7. Indemnification
You will defend, indemnify, and hold harmless Capped Out Media and its owners, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your submission of information or credentials you were not authorized to share, your violation of these Terms, or your violation of any law or third-party right.
8. Chargebacks
If you believe any charge from Capped Out Media is incorrect, you agree to contact us and give us a reasonable opportunity to resolve the issue before initiating a chargeback or payment dispute. Initiating a chargeback without first contacting us is a material breach of these Terms.
9. Binding Arbitration; Class Action and Jury Trial Waiver
Any dispute arising out of or relating to these Terms or the Portal that cannot be resolved informally will be resolved by BINDING, CONFIDENTIAL ARBITRATION administered by the American Arbitration Association under its rules, seated in Salt Lake City, Utah, under the Federal Arbitration Act. YOU AND CAPPED OUT MEDIA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity. Either party may seek relief in small claims court for qualifying claims, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or confidential information.
10. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 9.
11. Changes
We may update these Terms from time to time. The effective date above reflects the latest revision. Continued use of the Portal after changes take effect constitutes acceptance.
12. Contact
Capped Out Media, waynard@cappedoutmedia.com.