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Terms of Use of This Site
(As Amended July 31, 2014)

 I hope you enjoy the CapeDays guide at Affordable-Cape-Cod-Vacations.com and that you find it interesting and fun to use!

We look forward to sharing our love of Cape Cod with you. But, like any business, we also need to "attend to business".


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

IMPORTANT NOTICE: While we try our best to give accurate information, we don't guarantee it. It is your responsibility to confirm all information on your own before making any travel plans or reservations. (See Disclaimer of Warranty; Limitation of Liability, below.)

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Definitions:

"This Site" - refers to the CapeDays guide and all other parts of the Affordable-Cape-Cod-Vacations.com website

"You", "Your" - refers to the user of This Site

"We", "Us", "Our" - refers to This Site and its owners, operators, principals, agents, employees and all other associated persons or entities
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Restrictions on Use.

General.

You may use This Site for lawful purposes only.

You may not reproduce all or any any part of This Site without Our prior written permission.

You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of This Site and all charges related thereto.

You may not present links to information or resources found on This Site in any manner that could cause confusion as to the ownership of the information or resources, or that would cause the information or resources to be viewed alongside commercial advertising. (For example, You may not present any part of This Site in the context of an HTML frameset). Non-commercial, honest, ordinary linking is permitted without prior written permission.

You shall not post or transmit any material through This Site which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights; which is vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.

Without Our express prior approval, You shall not post or transmit any material through This Site which contains advertising or any solicitation with respect to products or services. You shall not use This Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with This Site.

Any conduct by You that We determine, in Our sole discretion, restricts or inhibits (or has the ability to restrict or inhibit) any other user from using or enjoying This Site, is strictly prohibited.

We shall have the right, in Our sole discretion, to refuse to post or remove any material submitted to or posted on This Site. Without limiting the foregoing, We shall have the right to remove any material that We, in Our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.

Proprietary Information.

This Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound; and the contents of This Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

You may download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express written permission. 

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.

You shall not upload, post or otherwise make available on This Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of that copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of This Site, you automatically grant, or warrant that the owner of such material has expressly granted Us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of This Site to access, view, store or reproduce such material for that user's personal use. You grant Us the right to edit, copy, display, publish and distribute any material made available on This Site by You.

The provisions of this section are for Our benefit and for the benefit of  Our subsidiaries, affiliates, third party content providers and licensors; and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Trademarks.

All trademarks appearing on This Site are the property of their respective owners.

Disclaimer of Warranty; Limitation of Liability.YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THIS SITE, NOR ITS OWNERS, PRINCIPALS, AGENTS, EMPLOYEES, AFFILIATES, NOR ANY OF OUR THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE/THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THIS SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED IN OR THROUGH THIS SITE.

THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

YOU SPECIFICALLY ACKNOWLEDGE THAT THIS SITE AND ITS OWNERS, OPERATORS, PRINCIPALS, AGENTS, EMPLOYEES, AND ALL OTHER ASSOCIATED PERSONS AND ENTITIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH WE HAVE NO CONTROL.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.Indemnification Agreement.

You agree to defend, indemnify and hold This Site, and Us, and Our affiliates and their respective directors, officers, employees and agents, harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Your use of This Site.

Third Party Content.

We may facilitate access by hypertext links to other worldwide websites not maintained by or related to This Site. These hypertext-linked sites are entirely independent of This Site; and This Site linking to them shall not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by Us of such site or entity or its respective products, services, information, materials, opinions or links to other sites.

We do not review or monitor such websites and are not responsible or liable for the content or accuracy thereof. The reproduction and use of any content linked from This Site is subject to the conditions that the respective website owners may impose, and is at Your own risk. You are encouraged and advised to review the posted terms and conditions of all websites that you visit from This Site.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of This Site or Us. In many instances, the content available through This Site represents the opinions and judgments of the respective information provider or user. We neither endorse nor are We responsible for the accuracy or reliability of any opinion, advice or statement made on This Site by anyone other than Our authorized spokespersons while acting in their official capacities.

We do not in any way endorse, nor are We responsible for, content on other websites.

Viruses.

We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in This Site or Your downloading of any materials, data, text, images, video, or audio from This Site.

Export Control.

Software and other materials from This Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from This Site may be downloaded or exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from This Site to any jurisdiction prohibited by the United States Export Laws.

Business Associates.

Any business associates that may be identified as such on This Site are independent contractors over whom we have no control, and not Our joint ventures or partners. No employee or representative of any business associate is under Our control.

Changes to This Site or to the Terms and Conditions of Site Use.

We have the right at any time to change or discontinue any aspect or feature of This Site, including, without limitation, the content, hours of availability, and equipment needed for access or use of This Site.

We have the right at any time to change or modify the terms and conditions applicable to use of This Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on This Site, or by electronic or conventional mail, or by any other means. Any use of This Site by You after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

SPAM

Any email address found within This Site may only be used to obtain further information with respect to the products or services contained within This Site. Any other use is classified as SPAM and is prohibited.

We neither sell nor market email addresses found within This Site. You may not sell or market email addresses contained within This Site.

Dispute Resolution.

You and We agree to resolve any disputes arising under or relating in any way to these Terms of Use through final and binding arbitration, under the rules and regulations of the American Arbitration Association. Arbitration hearings shall be at a location to be agreed upon by the parties, within a 100-mile radius of Boston, Massachusetts. In addition to any other appropriate relief, the arbitrator shall be authorized to award reasonable costs and attorneys' fees to the prevailing party. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

Miscellaneous.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter, except for advertisers who have executed a written agreement for advertising with Us, in which case the terms of the signed advertising agreement shall prevail. These terms of use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the Commonwealth of Massachusetts, acknowledge that venue is proper in any state or Federal court in the Commonwealth of Massachusetts, agree that any action related to these terms of use must be brought in a state or Federal court in the Commonwealth of Massachusetts, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


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