By using the Site, you agree to be bound by these Terms and Conditions, and you acknowledge that any other agreements between us are hereby superseded with respect to the contents herein. If you do not agree to these Terms and Conditions, please exit the Site, as you are not authorized to use the Site.
The Terms and Conditions may be revised at any time without notice. Your use of this Site after any such revisions indicates your acceptance of such revised Terms and Conditions. You should therefore visit this page periodically to review the current Terms and Conditions. For your convenience, the date of the last update appears at the bottom of this document.
Our Site provides information about our Company and the products and services we offer. Unless otherwise noted, the Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written, and other materials (collectively, Cape Cod Moments”), is owned and copyrighted by us or licensed to us by third parties. The trademarks of others that are referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Cape Cod Moments Content or trademarks without the written permission of the relevant Cape Cod Moments Content or trademark owner is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise any license or right to use any trademarks displayed on this Site without our prior written permission.
You may access the Cape Cod Moments Content solely for your noncommercial, personal use, provided that you do not modify, delete, or change any copyright, trademark, or other proprietary notices on or relating to the Cape Cod Moments Content. No licenses or rights in the Cape Cod Moments Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report, or otherwise use Cape Cod Moments Content without the Company’s prior written permission. Publishing or reproducing includes any uploading, downloading, or accessing information on this Site onto the Internet or any other local or international computer system.
If you violate any of these Terms and Conditions, your permission to use this Site and the Cape Cod Moments Content will automatically terminate, and you must immediately destroy any and all copies you have made of the Cape Cod Moments Content.
Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings. Additionally, users of the Site should not rely on the style numbers listed for the products that appear on the Site because they may not always be accurate and are subject to change without notice.
Our prices are subject to change without notice. We do not negotiate prices on products we offer through the Site. We use our best efforts to ensure that the information on the Site and the prices of our products are displayed accurately. However, some system or typographical errors may occur. We reserve the right to correct any and all errors on our Site, including pricing errors. We do not honor inaccurate or erroneous prices. If you have any questions, please contact us at firstname.lastname@example.org. We apologize for any inconvenience this may cause.
Purchasers of Company products from independent retailers must refer to each individual retailer’s policies on returning products.
Disclaimer of Warranties
THIS SITE AND ALL THE CONTENT ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU “AS IS,” “WHERE-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY, AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. CAPE COD MOMENTS IS NOT LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
This Site may offer you links to other websites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and are not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.
We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.
You represent and warrant that you are at least 18 years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
Terms of Idea Submission
In the event that you submit any information to Cape Cod Moments through this Site, and unless otherwise noted, you agree that: (1) your submissions and their contents will automatically become the property of Cape Cod Moments, without any compensation to you; (2) Cape Cod Moments may use, modify, or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Cape Cod Moments to review the submission; and (4) there is no obligation to keep any submissions confidential.
We make no representation that the Cape Cod Moments Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of the laws of, the State of Massachusetts, United States of America, without regard to the principles of conflicts of laws. Any dispute in connection to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in the State of Massachusetts. By using this Site, you consent to the personal jurisdiction of such courts. If any of the Terms and Conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended in writing signed by the authorized office of Cape Cod Moments. Not with standing the foregoing, this Site may be viewed internationally and may contain reference to products or services not available in all countries. References to a particular product or service do not imply that the Cape Cod Moments intends to make such products or services available in such countries.
Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.