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Terms of Use & Conditions of Sale Terms of Use & Conditions of Sale

Cape Cat Introduction
Cape Cat Copyrights and Trademarks
Use of Cape Cat.com Site
Site Security & SSL
Order Acceptance
Pricing or Typographical Errors
General
User Reviews, Feedback, Submissions
Colors
Indemnification
Disclaimer
Limitation of Liability


CAPE CAT INTRODUCTION :
Welcome to CAPECAT.COM. This site is provided as a service to our 
customers. Please review the following basic rules that govern your use 
of our Site (the "Agreement"). Please note that your use of our Site 
constitutes your unconditional agreement to follow and be bound by 
these Terms and Conditions. Although you may "bookmark" a particular 
portion of this Site and thereby bypass this Agreement, your use of 
this Site still binds you to the Terms. CAPECAT.COM reserves the right 
to update or modify these Terms and Conditions at any time without 
prior notice. Your use of the CAPECAT.COM Web site following any such 
change constitutes your unconditional agreement to follow and be bound 
by the Terms and Conditions as changed. For this reason, we encourage 
you to review these Terms and Conditions whenever you use this Web 
site.

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CAPE CAT COPYRIGHTS & TRADEMARKS : 
CAPE CAT IMAGE AND TEXT ARE REGISTERED 
TRADEMARKS BY JAMES STEPHEN TUTTLE
Unless otherwise noted, all materials, including images, text, logos,
illustrations, graphics, designs, icons, button icons, photographs, programs,

video clips and written and other materials that are part of this Site (collectively, 
the "Contents") are copyrights, trademarks, trade dress and/or other 
intellectual property owned, controlled or licensed by CAPECAT.COM, one 
of its affiliates or by third parties who have licensed their materials 
to CAPECAT.COM and are protected by U.S. and international copyright 
laws. The compilation (meaning the collection, arrangement, and 
assembly) of all content on this site is the exclusive property of 
CAPECAT.COM and is also protected by U.S. and international copyright 
laws.
1995-2013 CAPECAT.COM. All Rights Reserved.

CAPECAT.COM and its suppliers and licensors expressly reserve all 
intellectual property rights in all text, programs, products, 
processes, technology, content and other materials which appear on this 
Web site. Access to this Web site does not confer and shall not be 
considered as conferring upon anyone any license under any of 
CAPECAT.COM or any third party intellectual property rights.
The CAPECAT.COM names and logos and all related product and service 
names, design marks and slogans are the trademarks or service marks of 
CAPECAT COMPANY. All other marks are the property of their respective 
companies. No trademark or service mark license is granted in 
connection with the materials contained on this website. Access to this 
website does not authorize anyone to use any name, logo or mark in any 
manner.

References on this Web site to any names, marks, products or services 
of third parties or hypertext links to third party sites or information 
are provided solely as a convenience to you and do not in any way 
constitute or imply CAPECAT.COM endorsement,sponsorship or 
recommendation of the third party, information, product or service. 
CAPECAT.COM is not responsible for the content of any third party sites 
and does not make any representations regarding the content or accuracy 
of material on such sites. If you decide to link to any such third 
party web sites, you do so entirely at your own risk.

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USE OF THIS SITE :
This Site and all its Contents are intended solely for personal, 
non-commercial use. You may download or copy the Contents and other 
downloadable materials displayed on the Site for your personal use 
only. No right, title or interest in any downloaded materials or 
software is transferred to you as a result of any such downloading or 
copying. You may not reproduce (except as noted above), publish, 
transmit, distribute, display, modify, create derivative works from, 
sell or participate in any sale of or exploit in any way, in whole or 
in part, any of the Contents, the Site or any related software. All 
software used on this site is the property of CAPECAT.COM or its 
suppliers and protected by U.S. and international copyright laws. The 
content and software on this site may be used only as a shopping 
resource. Any other use, including the reproduction, modification, 
distribution, transmission, republication, display, or performance, of 
the content on this site is strictly prohibited.

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CAPE CAT SITE SSL SECURED :
Cape Cat.com uses a Secure Sockets Layer (SSL) to encrypt

your private information.  When you see HTTPS in your CAPE CAT.COM

address bar from the checkout point on, any private information exchanged,

such as credit card numbers, will be encrypted using SSL BEFORE it is transmitted. 

For security reasons, your credit card numbers are NOT retained in our database.

Cape Cat.com web site users are prohibited from violating or attempting to violate the 
security of the Site, including, without limitation,
accessing data not intended for such user or logging onto a server 
or an account which the user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or 
network or to breach security or authentication measures without proper 
authorization;
attempting to interfere with service to any user, host or network, 
including, without limitation, via means of submitting a virus to the 
Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
sending unsolicited email, including promotions and/or advertising 
of products or services; or
forging any TCP/IP packet header or any part of the header 
information in any email or newsgroup posting.


Violations of system or network security may result in civil or 
criminal liability. CAPECAT.COM will investigate occurrences that may 
involve such violations and may involve, and cooperate with, law 
enforcement authorities in prosecuting users who are involved in such 
violations. You agree not to use any device, software or routine to 
interfere or attempt to interfere with the proper working of this Site 
or any activity being conducted on this site. You agree, further, not 
to use or attempt to use any engine, software, tool, agent or other 
device or mechanism (including without limitation browsers, spiders, 
robots, avatars or intelligent agents) to navigate or search this Site 
other than the search engine and search agents available from 
CAPECAT.COM on this Site and other than generally available third party 
web browsers (e.g., Netscape Navigator, Microsoft Explorer).

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ORDER ACCEPTANCE :
Please note that there may be certain orders that we are unable to 
accept and must cancel. We reserve the right, at our sole discretion, 
to refuse or cancel any order for any reason. For your convenience, you 
will not be charged until your payment method is authorized, the order 
information is verified for accuracy and your order is shipped. Some 
situations that may result in your order being canceled include 
limitations on quantities available for purchase, inaccuracies or 
errors in product or pricing information, or problems identified by our 
credit and fraud avoidance department. We may also require additional 
verifications or information before accepting any order. We will 
contact you if all or any portion of your order is canceled or if 
additional information is required to accept your order. If your order 
is canceled after your credit card has been charged, we will issue a 
credit to your credit card in the amount of the charge.

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PRICING OR TYPOGRAPHICAL ERROR :
While CAPECAT.COM strives to provide accurate product and pricing 
information, pricing or typographical errors may occur. CAPECAT.COM 
cannot confirm the price of an item until after you order. In the event 
that an item is listed at an incorrect price or with incorrect 
information due to an error in pricing or product information, 
CAPECAT.COM shall have the right, at our sole discretion, to refuse or 
cancel any orders placed for that item. In the event that an item is 
mispriced, CAPECAT.COM may, at our discretion, either contact you for 
instructions or cancel your order and notify you of such cancellation. 
Prices and availability are subject to change without notice.

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GENERAL :
This Agreement represents the complete agreement between the parties 
and supersedes all prior agreements and representations between them. 
If any provision of this Agreement is held to be unenforceable for any 
reason, such provision shall be reformed only to the extent necessary 
to make it enforceable and the other terms of this Agreement shall 
remain in full force and effect. The failure of CAPECAT.COM to act with 
respect to a breach of this Agreement by you or others does not 
constitute a waiver and shall not limit CAPECAT.COM rights with 
respect to such breach or any subsequent breaches. This Agreement shall 
be governed by and construed under Massachusetts law as such law 
applies to agreements between Massachusetts residents entered into and 
to be performed within Massachusetts. Any action or proceeding arising 
out of or related to this Agreement or your use of this Site must be 
brought in the state or federal courts of Massachusetts.


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USER REVIEWS, FEEDBACK, SUBMISSIONS : 
All reviews, comments, feedback, postcards, suggestions, ideas, and 
other submissions disclosed, submitted or offered to CAPECAT.COM on or 
by this Site or otherwise disclosed, submitted or offered in connection 
with your use of this Site (collectively, the "Comments") shall be and 
remain CAPECAT.COM property. Such disclosure, submission or offer of 
any Comments shall constitute an assignment to CAPECAT.COM of all 
worldwide rights, titles and interests in all copyrights and other 
intellectual properties in the Comments.
Thus, CAPECAT.COM will own exclusively all such rights, titles and 
interests and shall not be limited in any way in its use, commercial or 
otherwise, of any Comments. CAPECAT.COM will be entitled to use, 
reproduce, disclose, modify, adapt, create derivative works from, 
publish, display and distribute any Comments you submit for any purpose 
whatsoever, without restriction and without compensating you in any 
way.
CAPECAT.COM is and shall be under no obligation (1) to maintain any 
Comments in confidence; (2) to pay to user any compensation for any 
Comments; or (3) to respond to any user Comments. You agree that any 
Comments submitted by you to the Site will not violate this policy or 
any right of any third party, including copyright, trademark, privacy 
or other personal or proprietary right(s), and will not cause injury to 
any person or entity. You further agree that no Comments submitted by 
you to the Site will be or contain libelous or otherwise unlawful, 
abusive or obscene material, or contain software viruses, political 
campaigning, commercial solicitation, chain letters, mass mailings or 
any form of "spam".
CAPECAT.COM does not regularly review posted Comments, but does reserve 
the right (but not the obligation) to monitor and edit or remove any 
Comments submitted to the Site. You grant CAPECAT.COM the right to use 
the name that you submit in connection with any Comments. You agree not 
to use a false email address, impersonate any person or entity, or 
otherwise mislead as to the origin of any Comments you submit. You are 
and shall remain solely responsible for the content of any Comments you 
make and you agree to indemnify CAPECAT.COM and its affiliates for all 
claims resulting from any Comments you submit. CAPECAT.COM and its 
affiliates take no responsibility and assume no liability for any 
Comments submitted by you or any third party.

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COLORS :
CAPECAT.COM has made every effort to display as accurately as possible 
the colors of our products that appear on the Site. However, as the 
actual colors you see will depend on your monitor, we cannot guarantee 
that your monitor display of any color will be accurate.

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INDEMNIFICATION : 
You agree to defend, indemnify and hold CAPECAT.COM harmless from and 
against any and all claims, damages, costs and expenses, including 
attorneys fees, arising from or related to your use of the Site.

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DISCLAIMER :
THIS SITE IS PROVIDED BY CAPECAT.COM ON AN "AS IS" AND "AS AVAILABLE" 
BASIS. CAPECAT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, 
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, 
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL 
EXTENT PERMISSIBLE BY APPLICABLE LAW, CAPECAT.COM DISCLAIMS ALL 
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 
WITHOUT LIMITING THE FOREGOING, CAPECAT.COM DISCLAIMS ANY AND ALL 
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS 
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CAPECAT.COM WEB SITE, THAT 
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT 
APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. 
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME 
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, 
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

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LIMITATION OF LIABILITY :
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER 
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CAPECAT.COM OR 
ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS 
OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, 
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE 
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE 
CAPECAT.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST 
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF 
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED 
REPRESENTATIVE OF CAPECAT.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN 
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAPECAT.COM BE 
LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION 
WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE 
DATE ON WHICH THE CLAIM AROSE.

CapeCat.com is a secure site that respects your privacy. CapeCat.com 2013

Cape Cat is a registered trademark of James Stephen Tuttle

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