Carefree Cape, Inc.

Terms Of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY CAREFREE CAPE, INC. ("CAREFREE CAPE"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY CAREFREE CAPE AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Carefree Cape believes the information you provide is not correct, current, or complete, Carefree Cape has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Privacy

Carefree Cape will treat any personal information that you submit through this site in accordance with its Privacy Policy [insert hyper-link].

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Carefree Cape's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co?brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Carefree Cape. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Carefree Cape in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

You may not use Carefree Cape services or this web-site:

To transmit in any manner information or material that you do not have the right to transmit, including proprietary material of any third party;
To transmit in any manner information or material that is vulgar, obscene, pornographic, or indecent;
To transmit in any manner information or material that threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
To transmit in any manner information or material that seeks to exploit or harm children;
To transmit in any manner information or material that infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
To transmit in any manner information or material that violates any law or may be considered to violate any law;
To transmit in any manner information or material that includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
To transmit in any manner information or material that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
To attempt to interfere with the operation of Carefree Cape's services or site, including without limitation, attempting to obtain or delete information or data that has been provided to the site other by Carefree Cape customers; or
To transmit in any manner information or material that violates any policy or regulations established from time to time regarding use of this site or any networks connected to this site.

Although it has no obligation to do so, Carefree Cape reserves the right to monitor use of this site to determine compliance with these Terms of Use. If Carefree Cape, in its sole discretion, determines that you have violated these terms of use, Carefree Cape has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Proprietary Information

The material and content accessible from this site, and any other site owned, operated, licensed, or controlled by Carefree Cape (the "Content") is the proprietary information of Carefree Cape or the party that provided the Content to Carefree Cape, and Carefree Cape or the party that provided the Content to Carefree Cape retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Carefree Cape, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Carefree Cape's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, Carefree Cape. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Carefree Cape. Carefree Cape has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and Carefree Cape makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Carefree Cape of that site.

Disclaimers and Limitation of Liability

You understand that Carefree Cape cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Carefree Cape does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any content, written reports, statements, or notices provided by Carefree Cape. Customers, investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. If you subscribe to Carefree Cape's services, to the extent there is any conflict between the terms of your written contract with Carefree Cape and the information contained on this site, the terms of your written contract shall govern your relationship with Carefree Cape.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CAREFREE CAPE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CAREFREE CAPE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAREFREE CAPE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CAREFREE CAPE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT CAREFREE CAPE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. CAREFREE CAPE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CAREFREE CAPE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CAREFREE CAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE GREATEST EXTENT PERMITTED BY LAW, CAREFREE CAPE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN EXCESS OF THE AMOUNT YOU HAVE PAID TO CAREFREE CAPE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify and hold Carefree Cape, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Carefree Cape or the party that provided the trademarks, service marks, and logos to Carefree Cape. Carefree Cape and any party that licensed trademarks, service marks, and logos to Carefree Cape retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Security

A valid username and password are required to login and access the services provided by Carefree Cape. Any passwords used for this site are for individual use only. You may not transfer or assign your username, password, or account without the written permission of Carefree Cape. You are responsible for the security of your username and password. You are responsible for all activities that occur in your account through the use of your user name and password. You are required to log off at the end of each session for which you have logged in. You shall notify Carefree Cape immediately in the event you become aware of any unauthorized use of your user name or password. Although it is not obligated to do so, Carefree Cape will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Carefree Cape considers insecure, Carefree Cape will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Carefree Cape reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Carefree Cape reserves the right to investigate suspected violations of these Terms of Use.

Carefree Cape reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Carefree Cape to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CAREFREE CAPE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAREFREE CAPE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CAREFREE CAPE OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. Any dispute relating in any way to your visit to www.carefreecape.com or to services rendered by Carefree Cape shall be submitted to confidential arbitration in Boston, Massachusetts pursuant to the then current rules of the American Arbitration Association, except to the extent you have in any manner violated or threatened to violate the intellectual property rights of Carefree Cape. In such event, Carefree Cape may seek injunctive or other appropriate relief in the state courts in Barnstable County, Massachusetts and/or federal courts in Boston, Massachusetts. You specifically consent to personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute between you and Carefree Cape arising out of these Terms of Use or pertaining to the subject matter hereof. Any arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, along with your Installation and Subscription Agreement and the Carefree Cape Privacy Policy, constitute the entire agreements among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Carefree Cape may revise these Terms of Use at any time by updating this posting.

Last updated: March 28, 2004