Terms & Conditions

 

By accessing or using the Encapsulate website athttp://www.encapsulate.com (the “Website”), any applications made available by Zygy’s Cubby, LLC d.b.a. Encapsulate (also "Encapsulate" or “we” or “us”) and related services provided by Encapsulate (collectively, the "Service" or “Services”), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Encapsulate. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access the Website or use the Service.

There may be times when Encapsulate offers a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.


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 ENCAPSULATE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Curated Services

Encapsulate’s curated Services enable you to create a personal “story space” and post content there.  A schedule briefly describing such curated Services and associated fees for same can be found here.  You may subscribe to and become a user of any of Encapsulate’s curated Services (a “Member”), by submitting the requested information and corresponding fees via the Website.  

 

General Terms & Conditions

  1. You must be at least 18 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.  You agree that you will not create an account for anyone other than yourself. You also represent that all information provided to Encapsulate will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other Encapsulate users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  9. You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Encapsulate.
  10. You may not create or submit unwanted email, comments, ‘likes’ or other forms of commercial or harassing communications (a/k/a "spam") to any Encapsulate users.
  11. You may not use domain names or web URLs in your username without prior written consent from Encapsulate.
  12. You may not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Encapsulate page is rendered or displayed in a user's browser or device.
  13. You may not create Service accounts through or otherwise employ unauthorized means of interacting with the Service, including automated devices, scripts, bots, spiders, crawlers or scrapers.
  14. You may not attempt to restrict another user from using or enjoying the Service, or encourage or facilitate violations of these Terms of Use or any other Encapsulate terms.
  15. Violation of these Terms of Use may, in Encapsulate's sole discretion, result in termination of your Encapsulate account. You understand and agree that Encapsulate cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Encapsulate, we can stop providing any or all parts of the Service to you.
  16.  We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can request that we deactivate your Encapsulate account by submitting a written deactivation request to caitlin@encapsulate.com.  If we terminate your access to the Service or you deactivate your account, your Content and related data will no longer be accessible through your account (e.g., users will not be able to access or view your Content).
  1. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  2. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.  You should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service thereafter. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  3. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username for any reason.
  5. We may remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use, but are under no obligation to do so.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Encapsulate is not responsible or liable for the conduct of any user. Encapsulate reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You agree to exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  7. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service may also include third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to log in to your account on the third-party service and you do so at your own risk. Encapsulate does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Encapsulate is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND OR CONNECTED THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES. You may choose, at your sole discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your profile on the Service. By using such Applications, you acknowledge and agree that: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Encapsulate has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Encapsulate and related parties (as further identified below) harmless for activity related to the Application.
  8. You agree that you are responsible for all data charges you incur through use of the Service.
  9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated devices, scripts, bots, spiders, crawlers or scrapers, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Encapsulate's express consent).

Rights

  1. Encapsulate does not claim ownership of any Content that you post on or through the Service.
  2. You hereby grant to Encapsulate a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use the Content that you post on or through the Service, subject to Encapsulate’s Privacy Policy found at http://www.encapsulate.com/privacy-policy/ (which addresses, generally, sharing of your Content and information, storing your Content and information, and your choices about your Content and information, among other things). You can choose who is authorized to view your Content, information and activities, as described in the Privacy Policy.
  3. The Service may display advertisements and promotions, and you hereby agree that Encapsulate may place such advertising and promotions in proximity to and in conjunction with your Content, provided that: Encapsulate will employ commercially reasonable measures to refrain from placing advertising on password-protected pages of your “story space.”
  4. You acknowledge that Encapsulate may not always identify paid services, sponsored content, or commercial communications as such.
  5. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to post same and to grant the rights and licenses set forth herein; (ii) the posting and use of your Content on or through the Service will not violate, misappropriate or infringe on the rights of any third party, including any privacy rights, publicity rights, copyrights, trade secret, trademark and/or other intellectual property rights; (iii) you agree to pay all royalties, fees, and other amounts owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use.
  6. By accessing or using the Service you represent and warrant that your activities are and will remain lawful in every jurisdiction where you access or use the Service.
  7. The Service contains content owned or licensed by Encapsulate ("Encapsulate Content"). Encapsulate Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Encapsulate, Encapsulate owns and retains all rights in the Encapsulate Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Encapsulate Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Encapsulate Content without Encapsulate’s express written permission.
  8. The Encapsulate name and logo are trademarks of Zygy’s Cubby, LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zygy’s Cubby, LLC.
  9. The Website, including all pages, page headers, custom graphics, icons and scripts may not be copied, imitated or used, in whole or in part, without prior written permission from Encapsulate.
  10. You acknowledge, notwithstanding Encapsulate's intentions and efforts, that there may be times when the Service is interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of networks (such as the Internet), telecommunications links and/or equipment.
  11. Encapsulate encourages you to maintain your own backup of your Content.  Encapsulate employs commercially reasonable measures to maintain your Content securely but does not and cannot guarantee its absolute security or that it may not be subject to ‘hacking’ or other disruption or interference caused by third parties, resulting in the replication, corruption or loss of your Content, in whole or in part.
  12. You agree that Encapsulate is not responsible for, and does not endorse, any Content posted on or through the Service. Encapsulate does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  13. Encapsulate reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Encapsulate, including, without limitation, in order to comply with certain legal obligations, but in some circumstances may not be retrievable without a valid court order.
  14. Upon your written request to Encapsulate made at least thirty (30) days prior to the termination of your Encapsulate account, Encapsulate will employ commercially reasonable efforts following such termination to provide you with copies, in commercially reasonable format(s), of all materials created by Encapsulate for you, including all files used to create your Encapsulate “story space.”    
  15. Encapsulate will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  16. Except as otherwise described in Encapsulate’s Privacy Policy at http://www.encapsulate.com/privacy-policy/, Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that Encapsulate bears no fiduciary or other type of special obligation to You and that Your decision to submit any Content does not create any fiduciary or other special relationship between Encapsulate and You.  None of your Content will be subject to any obligation of confidence on the part of Encapsulate, and Encapsulate will not be liable for any use or disclosure of any Content you provide.
  17. It is Encapsulate's policy not to accept or consider content, information, ideas, suggestions or other materials other than the Content we have specifically invited You to submit and to which these Terms of Use apply.  We take no responsibility for any unsolicited materials or ideas transmitted to us. If, despite our policy, You choose to send us content, information, ideas, suggestions, or other materials, You further agree that Encapsulate is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to You.

Reporting Copyright/IP Violations

  1. We respect others’ intellectual property rights and expect you and other users of the Service to do the same.
  2. To report instances of copyright infringement or other potential intellectual property violations, please contact us at:

Zygy’s Cubby, LLC d.b.a. Encapsulate

Attention: Keith Laschinger

3615 Superior Ave E Ste 3102e, Cleveland, OH 44114
keith@encapsulate.com.

  1. If you infringe other people's intellectual property rights, we may disable your account, when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ENCAPSULATE CONTENT, IS PROVIDED "AS IS", ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER ZYGY’S CUBBY, LLC D.B.A. ENCAPSULATE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "ENCAPSULATE PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE SERVICE; (C) ENCAPSULATE CONTENT; (D) USER CONTENT; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE OR VIA THE SERVICE.  THE ENCAPSULATE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

THE ENCAPSULATE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ENCAPSULATE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT INFORMATION, INCLUDING ANY INSTRUCTIONS, REGARDING THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ENCAPSULATE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ENCAPSULATE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS MAY LIMIT OR NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THE LAW OF SUCH A JURISDICTION APPLIES TO YOU AND THESE TERMS OF USE, AND IS OTHERWISE EFFECTIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW.


THE ENCAPSULATE PARTIES DO NOT ENDORSE CONTENT NOT PROVIDED BY THEM AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT NOT PROVIDED BY THEM.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE ENCAPSULATE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) BASED ON: (A) THE WEBSITE; (B) THE SERVICE; (C) ENCAPSULATE CONTENT; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ENCAPSULATE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING ANY PARTY'S USE OF THE SERVICE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY CLAIMS; (H) ANY ERRORS OR OMISSIONS IN THE SERVICE; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, EQUIPMENT, TECHNOLOGY OR DATA, INCLUDING DAMAGE FROM ANY VIRUS, BUG, SECURITY BREACH OR TAMPERING OR ANY OTHER TECHNICAL MALFUNCTION, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE AND/OR THE ENCAPSULATE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION SOUNDING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, PROVIDED THAT;  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION CAUSED BY NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND IS OTHERWISE EFFECTIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW.  NOTHING HEREIN IS INTENDED OR SHALL BE CONSTRUED TO VIOLATE ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER.

IN NO EVENT WILL THE ENCAPSULATE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION BE MORE THAN ONE HUNDRED DOLLARS U.S. ($100.00).

YOU AGREE THAT ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ENCAPSULATE'S ACTS OR OMISSIONS ARE FULLY COMPENSABLE IN MONETARY DAMAGES AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY ENCAPSULATE.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

ENCAPSULATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You agree to defend (at Encapsulate's request), indemnify and hold harmless the Encapsulate Parties from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, caused by or arising out of any of your activities on the Website or related to the Service, including: (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property, publicity, confidentiality or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities; or (v) any misrepresentation made by you to Encapsulate. You will cooperate fully in the defense of any such claim. Encapsulate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Encapsulate.

The foregoing Disclaimer of Warranties, Limitation of Liability, Waiver and Indemnification provisions shall apply to the fullest extent permitted by applicable law.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.  You acknowledge and agree that the United Nations Conventions on Contracts for the International Sale of Goods is not applicable to the Website, the Service or Your use there of or these Terms of Use.
Except as provided in the following Arbitration provision, any legal suit, action or proceeding brought by You or on Your behalf and arising out of or related to the Website or the Service, your use thereof  or these Terms of Use may be instituted only in those United States courts or courts of the State of Ohio located in the City of Cleveland and County of Cuyahoga, Ohio, provided that we retain the right to bring any suit, action or proceeding against You in connection with your use of the Website or Service or for breach of these Terms of Use in the foregoing courts or in the courts sitting in Your county of residence or other relevant jurisdiction. You hereby agree and submit to the exercise of personal jurisdiction over You by all such courts and waive any and all objections to venue therein.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Encapsulate's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of Sections 12, 13 or 14 of the General Terms & Conditions, above ("Excluded Disputes"), you agree that all disputes between you and Encapsulate (whether or not such dispute involves a third party) with regard to your relationship with Encapsulate, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, mandatory, individual arbitration held in Cleveland, Ohio under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Encapsulate hereby expressly waive trial by jury.  Neither you nor Encapsulate will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Encapsulate is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on an award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Encapsulate can require the other to participate in an arbitration proceeding. To opt out, you must notify Encapsulate in writing of such election promptly (i.e., within 30 days) after you first became subject to this arbitration provision by sending written notice to:

Zygy’s Cubby, LLC d.b.a. Encapsulate

Attention: Keith Laschinger

             3615 Superior Ave E Ste 3102e, Cleveland, OH 44114

keith@encapsulate.com.  


You must include your name and residence address, the email address you use for your Encapsulate account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Encapsulate. 

Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICE OR YOUR USE THEREOF MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Encapsulate of any term or condition set forth in these Terms of Use 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 of the Encapsulate to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Encapsulate with respect to the Website, the service and your use thereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to same.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Encapsulate to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Encapsulate provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Your Comments and Concerns

The Website and Service is operated by Zygys’ Cubby, LLC d.b.a. Encapsulate.  All feedback, comments, requests for technical support and other communications relating to the Website or Service should be directed to: caitlin@encapsulate.com.

Thank you for visiting the Website. 

These Terms of Use are effective as of September 15, 2016.