Thank you for visiting CapeDigital.com. CapeDigital provides its services to you subject to the following conditions. Please read them carefully. If you visit or shop at capedigital.com, you accept these conditions.
COMMUNICATING WITH US
When you visit capedigital.com, send e-mails to us, or chat with us using our instant messaging service, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail, through our instant messaging service, or by posting notices on this site. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement (if any) that such communications be made to you in writing.
All content on this site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of CapeDigital or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CapeDigital and protected by U.S. and international copyright laws. All software used on this site is the property of CapeDigital or its software suppliers, and is protected by United States and international copyright laws.
ACCESSING AND USING OUR SITE
CapeDigital grants you a limited, revocable license to access this site and to make personal use of this site, but not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of Cape Digital. The aforementioned license does not include any resale or commercial use of this site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information, or any use of data mining, robots, or similar data gathering and extraction tools. Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without the express written consent of CapeDigital. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of capedigital.com without the express written consent of CapeDigital. You may not use any meta tags or any other “hidden text” utilizing CapeDigital’s name or trademarks without the express written consent of CapeDigital. Any unauthorized use of this site or any of its contents terminates the permission or license granted to you by CapeDigital to use and/or visit this site. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to CapeDigital’s home page (www.capedigital.com) so long as the link does not portray CapeDigital or their products, services, practices, or employees in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CapeDigital logo or other proprietary graphic or trademark as part of the link without the express written permission of CapeDigital.
Users of this site may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content submitted. CapeDigital reserves the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you grant CapeDigital a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CapeDigital and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CapeDigital or its affiliates or sublicensees for all claims resulting from content you supply. CapeDigital has the right but not the obligation to monitor and edit or remove any activity or content. CapeDigital takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CAPEDIGITAL OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CAPEDIGITAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAPEDIGITAL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPEDIGITAL AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL OR INSTANT MESSAGES SENT FROM CAPEDIGITAL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPEDIGITAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CAPEDIGITAL’S SOLE LIABILITY, IF ANY, RESULTING FROM CLAIMS BASED ON ITEM(S) PURCHASED FROM CAPEDIGITAL.COM SHALL BE LIMITED TO THE VALUE OF THE ITEM(S) PURCHASED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.\n\nGOVERNING LAW
By visiting capedigital.com, you agree that the laws of the state of Delaware, without giving effect to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CapeDigital.com and/or its affiliates.
Any dispute relating in any way to your visit to capedigital.com or to products you purchase through capedigital.com shall be submitted to confidential arbitration in Wilmington, Delaware, except that, to the extent you have in any manner violated or threatened to violate CapeDigital’s intellectual property rights, CapeDigital may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the full extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Please review our other policies posted on this site. These other policies also govern your visit to capedigital.com. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.