Coughlan Companies LLC (“Capstone,” “we,” “our,” or “us”) and its affiliates operate the websites, capstonepub.com, shop.capstonepub.com, mycapstonelibrary.com, pebblego.com, buncee.com, raintree.co.uk, online.raintree.co.uk and their subdomains or portals (the “Sites”) and related mobile applications, such as the Buncee and PebbleGo mobile apps (the “Apps”). Users of the Sites and Apps have access to our digital database of children’s content, e-commerce store, and online products, such as PebbleGo (Including Add-Ons), Capstone Interactive, Capstone Connect, PebbleGo Create with Buncee, Buncee, and Raintree (Including Raintree Online and Engage Literacy) (the “Products”), which, together with the Sites and Apps, are the “Services.”     

These Terms of Use (“Terms”) are by and between you and Capstone and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as the school, organization, district, business, or entity on whose behalf you are using the Services (“Organization”), and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such Organization.

Please read these Terms carefully. By either: (i) accessing or using the Services, or (ii) clicking on the “I Agree,” “Submit,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.

Capstone reserves the right to make changes to these Terms at any time. Except as otherwise required by law or applicable contract, all changes are effective immediately when we post them and apply to all access and use of the Services thereafter. If you are dissatisfied with the Services or these Terms, you agree that your sole and exclusive remedy is to discontinue using the Services or to otherwise contact us at the information below.

Eligibility

The Services are offered and available to users who are 18 years of age or older, except to the extent a Product is directed toward children. In the case of a Product directed toward children, a person who otherwise meets the eligibility criteria herein must consent to and facilitate any child’s access of any Product. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.

Privacy Policies

Your access and use of the Services is subject to the Capstone Privacy Policies which are located at our Privacy Central page. Please carefully review the Capstone Privacy Policies. You agree that the collection, use, and disclosure of your information is governed by the Capstone Privacy Policies and you consent to all actions we take with respect to your information consistent with the Capstone Privacy Policies.

Additional Terms

By accessing or using particular Services, you agree to the additional Service-specific terms indicated below:

• Acceptable Use Policy. Your access and use of any Products is subject to the Capstone Acceptable Use Policy (located at https://www.capstonepub.com/acceptable-use-policy).
• Product End User License Agreement. Your access and use of the Products is further subject to the Capstone Product End User License Agreement (“License Agreement”). By accessing or using a Product (including via the purchase of a subscription or signing up for any free trial), you agree to the terms and conditions of the License Agreement. These Terms are in addition to and supplement the License Agreement and are not intended to and do not in any way limit the rights of Capstone or your obligations under the License Agreement, even if these Terms conflict with the terms and conditions of the License Agreement.
• Capstone Store. Capstone offers an online store at shop.capstonepub.com that allows you to purchase physical or online products (“Capstone Store”). All Capstone purchases are subject to the Capstone Store Terms.
• Capstone Rewards. Capstone offers a loyalty rewards program (“Rewards Program”). Your enrollment and participation in the Rewards Program is subject to the Rewards Terms and Conditions.
• Contests. Capstone may conduct contests from time to time and promote such contests via its Services. These contests are governed by and subject to the Official Rules published in connection with each applicable contest; such terms supplement these Terms of Use.

Accessing the Services

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. Capstone does not make any representations or guarantees regarding uptime or availability of the Services.

We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Account Creation and Management

You may be required to or allowed to register and create an account in order to access and use the Services. It is a condition of your access and use of the Services that all the information you provide to register with the Services or create an account is correct, current, and complete. You agree that all information you provide to register with the Services or create an account is governed by our Privacy Policies, and you consent to all actions we take with respect to your information consistent with our Privacy Polices. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. It is your responsibility to change your password immediately if you feel your security has been compromised. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms or if we suspect the security of your account has been compromised.

Prohibited Uses and Conduct

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services: (i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in our Terms or published in connection with the Services; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (v) to impersonate or attempt to impersonate Capstone, a Capstone employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Capstone or users of the Services, or expose them to liability.

You agree not to: (i) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (ii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent or as permitted by these Terms or the Product End User License Agreement; (iii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services is hosted or stored, or any server, computer, or database connected to the Services.

In addition to the foregoing , you are prohibited from, and nothing in these Terms shall be construed as granting you any license to, access, use, scrape, crawl, download, or cache any content made available via the Services for the purposes of developing, training, or writing, or enabling any third party to develop, train, or write, any software application or program (including, but not limited to, any models, algorithms, machine learning technologies/tools, artificial intelligence technologies/tools, or similar). Such activities shall constitute a material breach of the license restrictions hereunder and Capstone may take any and all measures it deems appropriate to prevent, terminate, and mitigate such use of the Services.

Product Listings

Prices and availability of products are subject to change without notice. Capstone strives for accuracy, to the extent it controls, processes, or displays the Services, in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced in the Services. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability, and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Capstone reserves the right at any time and without notice to update product information and to correct or remove product-related errors, inaccuracies, or omissions. Capstone shall at its sole discretion have the right at any time to refuse or cancel any order for a product whose listing in the Services contained erroneous information, including but not limited to incorrect pricing.

Capstone is not responsible for changes or variations in product specifications or physical appearance. Unfortunately, there are varying determinates which, although infrequent, could cause the information in the Services to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, package alterations, and other variations that may be considered inconsequential by the manufacturer. Capstone may rely on the applicable third-party manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, Capstone will not be held responsible for product revision changes.

Transactions

We may make available the ability to purchase products or services, or otherwise obtain access to the Services (“Transaction”).

An order is not binding upon Capstone until it is accepted. In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant Capstone the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that Capstone is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.

Third-Party Sites and Links

Capstone makes reasonable efforts to determine that other websites owned or operated by third parties (“Third-Party Websites”) accessible via the Services are active and appropriate at the time the links to such Third-Party Websites are placed in the Services. Capstone has no control over, and assumes no liability for, the continued existence of, or the material available on, any Third-Party Website. Should you discover that any link in the Services references a Third-Party Website that is no longer active or that contains inappropriate or irrelevant information, please notify us by sending an e-mail message to the address listed below. Links from the Services to Third-Party Websites do not constitute or imply an endorsement, sponsorship, or recommendation by Capstone or any of its subsidiaries or affiliates of the third party, the Third-Party Website, or the resources, information, or content contained therein. Capstone does not endorse or warrant, and is not responsible or liable for, any such Third-Party Website or the content thereon. Please review the applicable third party’s terms and conditions and privacy policy when interacting with or using any Third-Party Website.

Intellectual Property Ownership

You acknowledge that, as between you and Capstone, Capstone owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.

Capstone names and logos and all related product and service names, design marks and slogans, including BUNCEE, PEBBLEGO, PEBBLEGO CREATE, CAPSTONE, and RAINTREE are the trademarks or service marks of Capstone. All rights are reserved. You are not authorized to use any Capstone name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Capstone. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners. 

The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on or in the Services are either owned by Capstone, are licensed to it, or are used with permission. Capstone and its licensors, vendors or other service providers retain and reserve all intellectual and proprietary rights to the contents of the Services. 

The Services are only for your personal, noncommercial use. All users of the Services are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Capstone or the copyright holder is prohibited. Please use the contact information below if you desire such permission or need more information.

Capstone does not warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Services. Any reliance upon such advice, opinion, statement, or information shall be at the sole risk of the user.

Functionality and Updates

Capstone reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including availability of a feature, database, or content. Capstone may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Feedback

We may solicit your feedback regarding your experience accessing or using the Services. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Services, including without limitation any suggestions or recommendations regarding the Products or the Products features or functionality (“Feedback”) may be used by Capstone without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Capstone all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback. For clarity, Feedback does not include User Content (as defined in the Product End User License Agreement).

Warranty Disclaimer

THE SERVICES AND ALL ITEMS SOLD THROUGH THE SERVICES ARE PROVIDED "AS IS" AND CAPSTONE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CAPSTONE AND ITS AFFILIATES, AND THEIR OWNERS, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CAPSTONE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services, our website or mobile application. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services.

Limitations of Liability

IN NO EVENT WILL CAPSTONE BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CAPSTONE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL CAPSTONE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED ONE-HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold Capstone, its affiliate entities, and all of their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of these Terms.

Copyright Infringement

Consult our Copyright Policy if you believe any content displayed or contained in the Services violates your copyright. The terms of our Copyright Policy are hereby incorporated by reference. It is the policy of Capstone to deactivate and deny accounts of repeat copyright infringers.   

Geographic Location

The owner of the Services is based in the United States. Be aware that access of the Services may result in the transfer of your information to servers located in the United States. If you access the Services from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.

Governing Law

These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Mankato, Minnesota. You submit to and hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms, the terms located in the Legal Central page, and the Privacy Policies located in the Privacy Central page constitute the sole and entire agreement between you and Capstone regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Contact Information

You may contact us by:

1. sending an e-mail request to support@capstonepub.com; or
2. sending a letter via the U.S. Mails to: 

Customer Service
Coughlan Companies LLC dba Capstone
1710 Roe Crest Drive
North Mankato, MN 56003

If in the United Kingdom:

Raintree
264 Banbury Road
Oxford, OX2 7DY
United Kingdom
Email: feedback@raintree.co.uk