Welcome! By using CapeLinks, you agree to be bound by
the following terms and conditions (the "Terms of Service").
Content Linked to by CapeLinks
The sites displayed as search results or linked to by CapeLinks are developed by
people over whom CapeLinks exercises no control. The hyperlinks that appear in
CapeLinks' search results are indexed by CapeLinks' automated machinery and
computers, and in some cases are provided by a third party search engine.
CapeLinks cannot and does not screen the sites before including them in the
indices from which such automated search results are gathered. A search using
CapeLinks Search Services may produce search results and links to sites that
some people find objectionable, inappropriate, or offensive. We cannot guarantee
that a CapeLinks search will not locate unintended or objectionable content and
assume no responsibility for the content of any site included in any search
results or otherwise linked to by CapeLinks.
Personal Use Only
The CapeLinks web site is made available for your personal, non-commercial use
only. You may not take the results from a CapeLinks search and reformat and
display them, or mirror the CapeLinks home page or results pages on your Web
site. If you want to make
commercial use of the CapeLinks Search Services, you must enter into an
agreement with CapeLinks to do so in advance. Please contact
us for more information.
If you are interested in adding a CapeLinks search box to your web site or your
company's web site, we encourage you to do so by clicking
here.
No Automated Querying
You may not send automated queries of any sort to CapeLinks' system without
express permission in advance from CapeLinks. Note that "sending automated
queries" includes, among other things:
>using any software which sends automatic website
or web page submissions to our search engine
>using any software which sends queries to
CapeLinks to determine how a website or webpage "ranks" on CapeLinks
Privacy Policy
Click here to review the
CapeLinks Privacy Policy.
Changes In Terms and Conditions and CapeLinks Services
We may modify or terminate our services from time to time, for any reason, and
without notice, including the right to terminate with or without notice, without
liability to you, any other user or any third party. We reserve the right to
modify these Terms of Service from time to time without notice. Please review
these Terms of Service from time to time so that you will be apprised of any
changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act. For directions and more information,
please click here.
Disclaimer of Warranties
CapeLinks disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed on the CapeLinks web site(s). CapeLinks
disclaims any responsibility for the deletion, failure to store, mis-delivery,
or untimely delivery of any information or material. CapeLinks disclaims any
responsibility for any harm resulting from downloading or accessing any
information or material on the Internet through CapeLinks web site(s).
THE CAPELINKS WEB SITE(S) ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. CAPELINKS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CAPELINKS DISCLAIMS ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
CAPELINKS WEB SITE(S). CAPELINKS DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH THE CAPELINKS WEB SITE(S). CAPELINKS DISCLAIMS ANY
WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CAPELINKS
WEB SITE(S) OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CAPELINKS WEB SITE(S),
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN
THE CAPELINKS WEB SITE(S).
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE CAPELINKS WEB SITE(S) AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAPELINKS WEB SITE(S) BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CAPELINKS WEB SITE(S).
ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF CAPELINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE CAPELINKS WEB SITE(S), FROM INABILITY
TO USE THE CAPELINKS WEB SITE(S), OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE CAPELINKS WEB SITE(S) (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE CAPELINKS WEB SITE(S) OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
CAPELINKS WEB SITE(S), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE CAPELINKS WEB SITE(S) OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE CAPELINKS WEB SITE(S). THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CAPELINKS WEB SITE(S) OR
ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE CAPELINKS WEB SITE(S). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall CapeLinks be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, terrorism, or loss of or fluctuations in heat,
light, or air conditioning.
Requests for Removal of Links or Indexed Materials
CapeLinks occasionally receives requests
from people to remove links from its indices. Although CapeLinks reserves the
right to address such requests individually, the general approach that CapeLinks
takes reflects the following principles:
CapeLinks' indices consist of information that has been identified, indexed and
compiled through an automated process with no advance review by human beings and
in some cases is provided by a third party. Given the enormous volume of web
site information added, deleted, and changed on a frequent basis, CapeLinks
cannot and does not screen anything made available through its indices. For each
web site reflected in CapeLinks' indices, if either (i) a site owner restricts
access to his or her web site or (ii) a site is taken down from the web, then,
upon receipt of a request by the site owner or a third party in the second
instance, CapeLinks would consider on a case-by-case basis requests to remove
the link to that site from its indices. However, if the operator of the site
does not take steps to prevent it, the automatic facilities used to create the
indices are likely to find that site and index it again in a relatively short
amount of time.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the
laws of the State of Massachusetts, without giving effect to its conflict of
laws provisions or your actual state or country of residence. If for any reason
a court of competent jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of Service will continue
in full force and effect.
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by CapeLinks.