Terms of Use

TERMS OF USE

Effective April 25, 2023

Introduction

Welcome to the Cape Analytics website (“Site”). Please read these terms of use carefully before accessing any part of this Site.

Your access to, and use of this Site, including the applications, programs, materials and information accessible on and from this Site, and including but not limited to materials and services that are publicly accessible (the “Services”) constitutes your agreement with and acknowledgment of these terms of use (“Terms of Use”) as may be amended from time to time by Cape Analytics, Inc. (“Cape Analytics”) without notice. If you do not agree with these Terms of Use, do not access or otherwise use this site.

License and Site Access

Cape Analytics grants you a limited license to access and make use of this Site. This license does not include the right for you to modify, resell, or make derivative works of any information on this Site. No portion of this Site may be reproduced, duplicated or copied without the express written consent of Cape Analytics. You may not utilize any framing techniques to enclose any information, graphics, trademarks etc. on this Site without Cape Analytics’ express written consent.

If you use this Site, and choose to license the access to certain data, software or products offered on this Site under a separate agreement, you are responsible for maintaining the confidentiality of your account and your password.

No Warranties or Representations

This Site is intended to be for general reference and informational purposes only and it may contain inaccurate, incomplete or out-of-date information. Your use of this Site is at your own risk and Cape Analytics does not warrant or make any representations of any kind with respect to the materials and information contained on this Site. Cape Analytics makes no warranty that the Site will meet your requirements or be available in an uninterrupted, timely, secure or error-free basis. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing this Site and discontinue use of the information or material obtained.

THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPE ANALYTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLED, INCLUSING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CAPE ANALYTICS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, DATA, SOFTWARE OR PRODUCTS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE CAPE ANALYTICS, ANY SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF CAPE ANALYTICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS SITE.

Use of Data or Software

Any use of data, software or products and accompanying documentation you download from the Site is subject to the terms of a separate license agreement between you and Cape Analytics.   In the event of a conflict between these Terms of Use and any applicable terms set forth in any separate license agreement between you and Cape Analytics, the terms set forth in the separate license agreement will control.

Links to Other Sites

This Site may contain links to other sites and/or information provided by third parties and Cape Analytics is not responsible for the privacy practices or content of any site not owned or operated by Cape Analytics.

Cape Analytics has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that Cape Analytics shall not be responsible for the content, products or services offered in such sites.

If you decide to access or use any of the third party sites linked to this Site, you do so entirely at your own risk.

Intellectual Property

Any materials and information available on this Site, including, without limitation, all design, text, images, logos, trademarks, service marks, trade secrets, photographs, press releases, reports or other output generated by the Services, and any other intellectual property rights, are protected under the laws of the United States and any state, country, or territory protected under the laws of any governmental authority having jurisdiction, and are owned by Cape Analytics and/or made available under license from the copyright owner.

Except for information licensed under a separate license agreement and available on this Site, which shall be governed by such separate license agreement, the materials and information may not, except if granted in writing from a duly authorized representative of Cape Analytics, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Cape Analytics’ prior written consent, except to the extent that such use is authorized under the laws of the United States or any state, country, or territory protected under the laws of any governmental authority having jurisdiction. Cape Analytics’ trademarks, logos, images, and service marks used on this Site are the property of Cape Analytics and may not be used without the prior written consent of a duly authorized representative of Cape Analytics and without proper acknowledgment.

No Employment Guarantee

With respect to any career opportunities that may be posted on this Site from time to time, Cape Analytics makes no guarantee that you will achieve job placement.

Equal Employment Opportunity Commission Statement

Cape Analytics provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws.  This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

Governing Law and Certain Compliance Matters

Any claims relating to, in connection with or arising from any use or access of this Site shall be governed by the laws of the State of California, without reference to any choice of law provisions, except as relating to copyright and trademark matters which shall be governed by the laws of the United States and any applicable international treaties and/or conventions.

This Site is controlled by or on behalf of Cape Analytics within the United States of America and Cape Analytics makes no representation that the material and information on this Site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

To the greatest extent possible, you are responsible for compliance with all local laws regarding material or information obtained from this Site or linked sites.

Updates and Revisions to these Terms of Use and this Site

Cape Analytics reserves the right at any time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You agree that Cape Analytics shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. In addition, Cape Analytics may update and/or revise these Terms of Use at any time, and from time to time, with or without notice to you, and you agree to be bound by such updates, modifications and/or revisions. Updates and revisions will be incorporated from time to time into these Terms of Use, and you are responsible and agree to review these Terms of Use from time to time to ensure compliance if you continue to use this Site after such Terms of Use have been updated.

Severability

If any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

Termination of Use

Access to the Site may be monitored by Cape Analytics.  We may restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate the Services by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.