Terms of Use2018-12-06T21:29:47+00:00

Terms of Use

Effective: December 1, 2018

 

This web site and any derivative or affiliated web sites on which these Terms of Use (“Terms of Use”) are posted (collectively, the “Web Site”) are owned and operated by CAPE Industries, LLC (“Cape”).  Cape has adopted these Terms of Use to make you aware of the terms and conditions of your use of the Web Site.  If you do not agree to these Terms of Use please do not use the Web Site.  Cape reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page.  Please check these Terms of Use periodically for changes.  The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.

BY ENTERING YOUR EMAIL AND PASSWORD, YOU ACKNOWLEDGE AND AGREE (A) THAT YOU ARE AN “ACCREDITED INVESTOR” (AS DEFINED IN RULE 506 OF REGULATION D OF THE SECURITIES ACT OF 1933, AS AMENDED), AND (B) TO BE BOUND BY THESE TERMS OF USE AND TO KEEP ALL DOCUMENTS, MATERIALS, PLANS AND OTHER INFORMATION CONTAINED IN THE WEB SITE IN STRICT CONFIDENCE, IRRESPECTIVE OF WHETHER OR NOT YOU DECIDE TO INVEST IN CAPE.

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.

General Terms of Use and Restrictions on Use of Materials

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.

Passwords

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.

Investment Disclaimers

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.

Trademarks

Cape possesses rights in the United States and elsewhere in its patents, trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Web Site.  No use of any Cape trademark, service mark, trade name, design, logo or other trade dress may be made without the prior written authorization of Cape.  Except as permitted by these Terms of Use, nothing contained in the Web Site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Cape.  Third party trademarks, product and service names mentioned in the Web Site that are not owned by Cape are trademarks or service marks of their respective owners.

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.

Indemnification

You agree to defend, indemnify and hold harmless Cape, its officers, directors, members, employees, affiliates and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees, costs and expenses, arising out of or in any way connected with your breach of these Terms of Use.

Termination and Modification

You agree that Cape, in its sole discretion, may terminate your access to or use of the Web Site, and remove and discard any content thereon, for any or no reason.  Cape may also, in its sole discretion and at any time, discontinue providing the Web Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Web Site under any provision of these Terms of Use may be effected without prior notice.  Further, you agree that Cape shall not be liable to you or any third party for any termination of your access to the Web Site.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of laws principles.  ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF CAPE, MUST BE EXCLUSIVELY BROUGHT IN A COURT OF COMPETENT JURISDICTION IN OR SERVING JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING.  YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.