These Terms of Use ("Terms") apply to the website located, the Captain Product LLC mobile applications, and any other websites or applications associated with Captain Product LLC brands or products that direct the viewer or user to these Terms (collectively, the "Site"). In these Terms, the terms “Captain Product LLC,” “we,” and “us” refers to Captain Product LLC, Inc. and its respective subsidiaries and affiliated companies.

Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Captain Product LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ABILITY TO USE THE SITE

In order to accept the Terms and to use the Site, you must be at least 18 years of age ("Minimum Age"). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Captain Product LLC the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.

USE RESTRICTIONS

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by Captain Product LLC or it’s licensors. You are expressly prohibited from using any Content without the express written consent of Captain Product LLC or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Captain Product LLC, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Captain Product LLC's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

CHANGE IN TERMS

We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT

For any content you provide to Captain Product LLC, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #F21xME or #F21xMusic (collectively, 'User Content'), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with Captain Product LLC (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Captain Product LLC may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Captain Product LLC in connection with your content.

Captain Product LLC is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Captain Product LLC’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Captain Product LLC may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Captain Product LLC may use your information for marketing and promotional purposes.

When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

If you do not want to grant Captain Product LLC the permission set out above on these terms, please do not submit User Content.

Captain Product LLC MOBILE TEXT MESSAGING TERMS AND CONDITIONS

By texting us, you consent to receive up to 5 automated SMS or MMS text messages per week regarding events, offers and promotions from Captain Product LLC, even if your mobile number is registered on any state or federal Do Not Call list.. You consent to receive text alerts using automated technology, including through an automatic telephone dialing system. By texting us, you also permit Captain Product LLC to use location information (e.g., GPS) from your mobile device when you are in or near a retail location and to send you additional messages based on your location. These location-based messages, together with our other mobile alerts, may exceed the 5 automated text messages referenced above.

By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (in-store or online), and your consent is not a condition of any purchase with Captain Product LLC. Your participation in our alerts program is completely voluntary.

You may opt-out of text message alerts at any time by texting STOP to 38056. You will receive a text message confirming your opt-out. Please allow up to five (5) business days to process your request. No further messages will be sent to your mobile device, unless initiated by you. You may also text HELP to 38056 for HELP. It is your sole obligation to notify Captain Product LLC that you do not want to receive text alerts by texting STOP to 38056. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The program is only available to customers of select carriers with compatible handsets.

You agree to indemnify Captain Product LLC for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify Captain Product LLC of any changes in mobile ownership. You must notify Captain Product LLC immediately of any breach of security or unauthorized use of your mobile device. Although Captain Product LLC will not be liable for losses caused by any unauthorized use of your mobile device, you may be liable for the losses of Captain Product LLC or others due to such unauthorized use. If you get a new mobile number, you will need to sign up for the program with your new number.

The program is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.