Effective: December 1, 2018
THE WEB SITE AND INFORMATION CONTAINED HEREIN DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITIES OF CAPE IN ANY JURISDICTION OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER OR SOLICITATION IN SUCH JURISDICTION. THE INFORMATION CONTAINED HEREIN IS STRICTLY CONFIDENTIAL AND IS BEING MADE AVAILABLE TO YOU WITH THE UNDERSTANDING THAT, WITHOUT EXPRESS PRIOR WRITTEN AUTHORIZATION OF CAPE, YOU WILL NOT PRINT, COPY, DISTRIBUTE, RELEASE OR OTHERWISE MAKE AVAILABLE THE INFORMATION CONTAINED HEREIN TO ANY OTHER PERSON OR MAKE REPRODUCTIONS OR USE IT FOR ANY PURPOSE OTHER THAN TO EVALUATE A POTENTIAL INVESTMENT IN CAPE.
You are solely responsible for any equipment, hardware, software or Internet service necessary to view or otherwise use the Web Site. Cape may discontinue or alter any aspect of the Web Site, including, but not limited to, (i) restricting the time the Web Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Web Site, at Cape’s sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Cape or third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
You are entirely responsible for maintaining the confidentiality of your password and any of your user account information and will not share such password or information with any other person without Cape’s prior written consent. You must notify Cape immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your password. You are entirely responsible for any and all activities which occur under your user account.
The Web Site is for informational purposes only. You are cautioned that any past financial performance information set forth on the Web Site is not necessarily indicative of, and has no bearing on, any future results or performance.
INFORMATION ON THE WEB SITE MAY INCLUDE “FORWARD-LOOKING STATEMENTS” WHICH ARE BASED ON CAPE’S BELIEFS, AS WELL AS A NUMBER OF ASSUMPTIONS CONCERNING FUTURE EVENTS, MADE BY CAPE AS A RESULT OF INFORMATION CURRENTLY AVAILABLE. SUCH STATEMENTS ARE NOT A GUARANTEE OF PERFORMANCE AND ARE SUBJECT TO A NUMBER OF UNCERTAINTIES AND OTHER FACTORS, MANY OF WHICH ARE OUTSIDE CAPE’S CONTROL, THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM SUCH STATEMENTS. CAPE DISCLAIMS ANY INTENTION OR OBLIGATION TO UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS ON THE WEB SITE, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOUR USE IS AT YOUR SOLE RISK. CAPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPE MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAPE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; OR (ii) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL CAPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Termination and Modification
Governing Law and Other Miscellaneous Terms