1 (508) 419-0500 • hello@capemade.com

Terms of Service

We (the folks at Cape Made) run a blog and website called capemade.com and would love for you to check it out.  Our website is designed to provide you with the best apparel and lifestyle products that Cape Cod has to offer.

 

Terms of Service:

The following terms and conditions govern all use of the capemade.com website and all content, services, and products available at or through the website.  Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Cape Made (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Cape Made, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

When creating a capemade.com account, you agree to provide us with complete and accurate information for registration. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

 

Website Content and Use

Capemade.com does not guarantee that this website is current, accurate or complete at all times.  There exists the possibility that products displayed on the website may be not be available and the reflected prices are also subject to change.  Cape Made is not responsible for typographical or other errors regarding price or any other matter.  Cape Made cannot guarantee that colors will always be accurately displayed due to the inherent variations in color that exists based on the hardware being used to view our products.

All prices quoted on this website are denominated in U.S. dollars and are valid and effective only in the United States. Purchasing any item from this website with the intent to resell it is strictly prohibited.  Cape Made reserves the right to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order. In the event your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.  The contents of this website may change at any time, for any reason and we shall not have any obligation to update any information contained on this Site. Use of this website does not imply employment, partnership, or agency of joint venture relationship between Cape Made and you.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which capemade.com links, and that link to capemade.com. Cape Made does not have any control over those non-capemade.com websites, and is not responsible for their contents or their use. By linking to a non-capemade.com website, Cape Made does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cape Made disclaims any responsibility for any harm resulting from your use of non-capemade.com websites and webpages.

 

Copyright Infringement and DMCA Policy

As Cape Made asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by capemade.com violates your copyright, you are encouraged to notify Cape Made by providing the information listed below. Cape Made will respond to all such notices that are properly provided and comply with applicable law, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

If you believe that you have a valid copyright infringement claim, please notify Cape Made at:

 

Via Postal Mail:

Cape Made
40 River Road, Unit 672
Marstons Mills, MA  02648
Attn: Legal

 

Via Email: hello@capemade.com

 

Please provide the following information:

  • Your current contact information including full name, telephone number, address, and e-mail address
  • A description of the copyrighted work you claim has been infringed and a description of where you located this material;
  • A signed statement by you, made under penalty of perjury, that you believe the disputed use is not authorized by the copyright owner, its agent or the law, and the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Please be aware that there may be penalties for false claims.

 

Intellectual Property

This Agreement does not transfer from Cape Made to you any Cape Made or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cape Made.  Cape Made, capemade.com, the capemade.com logo, and all other trademarks, service marks, graphics and logos used in connection with capemade.com or our Services, are trademarks or registered trademarks of Cape Made or Cape Made’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cape Made or third-party trademarks.

 

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered.  You are responsible for periodically checking capemade.com for any changes to this Agreement, which capemade.com may change in our sole discretion, at any time and for any reason.  If we make changes that are material, we will let you know by posting on capemade.com.  By continuing to use this Site after changes to this Agreement are made, then you consent to being governed by such changes. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

 

Termination

Cape Made may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your capemade.com account (if you have one), you may simply discontinue using our Services.

 

Disclaimers of Warranties and Limitation of Liability

Our Services are provided “as is.”  Use of this website implies agreement and acknowledgement that you assume full responsibility for all consequences resulting from use of this website.  Use of this website implies agreement, acknowledgement and acceptance that you did not pay to use this website.  In addition, to the fullest extent permitted by law, Cape Made and all affiliates will not be liable for any damages.  Neither Cape Made nor its suppliers and licensors, makes any warranty that our services will be error free or that access thereto will be continuous or uninterrupted. Cape Made and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Cape Made provides no warranties regarding websites that are not operated by Cape Made that you may be directed or hyperlinked to from our website.  You understand that you download from, or otherwise obtain content or services through, our services at your own discretion and risk.  Cape Made shall have no liability for any failure or delay due to matters beyond their reasonable control.  The disclaimers here within are valid only where they are not prohibited by law.

 

Miscellaneous

These Terms and our Privacy Policy posted on capemade.com shall constitute the entire “Agreement” and understanding between you and us regarding the subject matter contained within.  This Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If an individual provision of the Agreement is found to be invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.  If Cape Made fails to enforce or exercise any provision or right of this Agreement, this shall not be deemed a waiver of such provision or right.

 

Indemnification

You agree to indemnify and hold harmless Cape Made, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

 

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.