1. CONTENT PROVIDED VIA LINKS; ADVERTISEMENTS
The Site may from time to time contain links to third-party websites. Unless otherwise noted, Capital Products is not affiliated with, and does not recommend or endorse the content on, such third-party websites. If User uses these links, User will leave the Site. Capital Products is not responsible for the content, policies or privacy practices of such third-party websites.
Capital Products may include advertisements from third parties on the Site. User’s dealings with advertisers found on or through the Site are solely between User and such advertisers. Capital Products is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
2. INTELLECTUAL PROPERTY RIGHTS
All materials available on the Site, including text, software, photographs, video, graphics, images, music and sound (collectively “Proprietary Material”), are copyrighted, trademarked or otherwise owned by Capital Products, or in certain cases may be owned by parties other than Capital Products, as denoted by express attribution or the clear implication of context. User is authorized to view and print copies of Proprietary Material, and if a download option is provided on the Site, download a single copy of Proprietary Material, made available on the public portions of the Site solely for personal, noncommercial use, if User retains all copyright notices and other notices of proprietary rights on resulting hard copies. User shall not copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, reverse engineer, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except as expressly permitted by these Terms or otherwise with the written permission of Capital Products or the copyright owner. Title to Proprietary Material remains with Capital Products or its licensors, and all rights not expressly granted herein are reserved to Capital Products and its licensors. Any use of Proprietary Material not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Capital Products will enforce its intellectual property rights to the full extent of the law.
3. DISCLAIMER OF WARRANTIES
USER’S USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CAPITAL PRODUCTS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CAPITAL PRODUCTS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, OR SUITABILITY OF PRODUCTS.
CAPITAL PRODUCTS MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (C) ANY ERRORS IN THE SITE WILL BE CORRECTED. CAPITAL PRODUCTS IS NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
USER ASSUMES ALL RISK FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGE RESULTING FROM COMPUTER VIRUSES.
4. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, CAPITAL PRODUCTS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF CAPITAL PRODUCTS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USER MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. IN NO EVENT SHALL THE LIABILITY OF CAPITAL PRODUCTS TO USER EXCEED THE AMOUNT OF FEES, IF ANY, PAID BY USER TO CAPITAL PRODUCTS.
5. PRICING AND PRODUCT INFORMATION
Unless otherwise noted, prices are quoted in United States currency and do not include shipping or applicable sales tax.
All product prices, specifications and availability are subject to change without notice.
Actual products may differ slightly from photos appearing on this Site.
All communications received by Capital Products via email or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by Capital Products. Such communications may be edited for length and clarity.
Any action related to these Terms or User’s use of the Site shall be governed by the laws of the State of North Carolina, U.S.A. without regard to conflict of law principles and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of North Carolina, U.S.A. with respect to any such action.
These Terms may be changed from time to time by Capital Products. Use of the Site following any such change will constitute User’s acceptance of such change.
Any questions or other communications regarding these Terms may be directed by email to email@example.com.