Capra di Mare Designs and Capricorn Endeavors, Inc. Privacy Policy and Terms of Use
Privacy
Last Updated: June 2021
Please note that throughout this Privacy Policy we use “[at]” instead of “@” in email addresses. This is to avoid search routines or “bots” from collecting our email addresses, spamming us, and negatively impacting the Services. Where you see “[at]” in an email address, please substitute it with “@” when contacting us.
“Services” Defined
Capra di Mare Designs and Capricorn Endeavors, Inc. and affiliates want you to be aware of the manner in which we collect, use, and disclose information. This Privacy Policy details our practices and procedures in connection with information that we collect online and offline through our websites (“Websites”), computer and mobile software applications, if any (“Apps”), through social media, emails, shared sites (e.g., SFTP), and through services to our clients, all of which we refer to collectively as our “Services.”
The collection of Personal Information from you is necessary to provide the requested Services to you. If the information is not provided, we may not be able to provide our Services. In the event you disclose any Personal Information regarding other persons to us or to our service providers, you represent that you have the authority to do so and that you are granting permission to use the information in accordance with this Privacy Policy.
Collection of Personal Information
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Personal Information includes, but is not limited to:
• Name
• Postal address (including personal, business, billing, and shipping addresses)
• Telephone number (including landline, cellular number, and VOIP)
• Email address (personal and business)
• Employment information (job title and employer)
We and our service providers collect Personal Information in a variety of ways, including:
• Through this Website
• Through the provision of our Services
• Offline (where interactions take place through a representation contract for Services, or when information is provided via offline contact or interaction).
• Other Sources (which may include, but not be limited to, public databases, joint marketing entities, partners or event sponsors who share information with us, other entities or individuals to whom we provide Services, which may include your employer or agent, and social media platforms).
Use of Personal Information
We and our service providers may use Personal Information for our legitimate business purposes (including managing our relationship with you, complying with legal obligations, where we have a legitimate interest, and/or, in some cases related to marketing, with your consent if required by applicable law), including:
• Providing the functionality of our Services and to fulfill your requests via online contact forms or otherwise (e.g., when you send us blog comments, suggestions, questions or concerns, or when you request other information about our Services).
• Providing you with access to our blog and/or other marketing materials, facilitating social media interaction or sharing, to fulfill calendaring or scheduling requests, or to send information about our Services, news or events.
• Providing our Services, which includes contacting individuals (and/or their agents and employees) in connection with the provision of Services, responding to inquiries and fulfilling requests from clients, administering client files, and managing relationships.
• Accomplishing our business purposes, which includes but is not limited to the provision of our Services, operating and expanding business activities, data analysis, audits, fraud and security monitoring, identifying usage trends and the effectiveness of marketing campaigns.
• Aggregating and/or anonymizing information so that it will no longer be considered Personal Information under relevant provisions of law or authority, and in turn which we may use and disclose for any purpose.
Disclosure of Personal Information
We disclose Personal Information:
• To our agents, consultants and affiliates for all purposes as described in this Privacy Policy.
• To provide professional services requested by you or a related individual or entity.
• To third-party service providers in relation to services they provide for and to us, which may include web hosting, electronic communication and delivery, data analysis, information technology, customer service and other interaction related to the representation of clients.
• At your election by virtue of use of comment pages, social media platforms, message boards, chat pages, profile pages, blogs and other services to which you are able to post information and content (all information you post or disclose through these services will become public and may be available to other users or the general public).
We also use and disclose your Personal Information as necessary and appropriate, especially when we have a legal obligation or legitimate interest to do so:
• To comply with applicable laws and regulations, which can include laws and regulations outside your country of residence.
• To cooperate with public and government authorities, including law enforcement, which can include authorities outside your country of residence.
• For other legal reasons, such as to enforce our terms and conditions; and to protect our, our affiliates’, your or others’ rights, privacy, safety or property, including intellectual property.
• In relation or as part of a sale or business transaction (including any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings).
Other Information and How We May Collect, Use and Disclose It
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, and which we and our third-party service providers may collect in a variety of ways:
• Browser and device information. Most browsers collect certain information and some is collected automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App you are using). We use this information to ensure that the Services function properly.
• App usage data. If we provide an App, and you download and use such App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device identifier.
• Information collected through cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect and store certain information about you. We may use both session cookies (which expire when you close your web browser) and persistent cookies (which stay on your computer until you delete them). You may be able change your Internet browser settings regarding cookies, however, if you set your browser preferences to block all cookies, you may not be able to access some or all of the Services or your use of the Services may be impacted. By using the Services, you consent to the use of cookies as set forth in our Privacy Policy.
Our Site uses the following types of cookies:
(a) 'session cookies' which are stored only temporarily during a browsing session in order to allow
normal use of the system and are deleted from your device when the browser is closed;
(b) 'persistent cookies' which are read only by the Site, saved on your computer for a fixed period
and are not deleted when the browser is closed. Such cookies are used where we need to know
who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
(c) 'third party cookies' which are set by other online services who run content on the page you are viewing, for example, by third party analytics companies who monitor and analyze our web access.
• Information collected through web beacons and other technologies. Pixel tags, web bugs, clear GIFs, and other similar technologies (called “web beacons”) that contain content and ads that we deliver to you, which we will use to collect information regarding your interaction with our content and ads to measure the success of our marketing campaigns and compile statistics about usage of the Services.
• Information collected via (embedded) script or font libraries. In order to present our contents correctly and graphically appealing across all browsers, this Website may use script libraries and font libraries such as Google Web Fonts, (see https://www.google.com/webfonts). Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font. Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible - but currently also unclear whether and, if so, for what purposes - that operators of corresponding libraries collect data. The privacy policy of Google’s library operator can be found here: https://www.google.com/policies/privacy.
• Analytics. We may use products, including Google Analytics, to analyze activity on our Services. We may use these products to understand how users use our Services in order to enhance the user experience. If you wish to opt-out of Google Analytics, go to https://support.google.com/analytics/answer/181881?hl=en.
• Demographic information. Demographic information and other information provided by you that does not reveal your specific identity.
• IP addresses. Your IP address and/or the IP address of any device used by you, or your affiliate, agent, consultant, employer, employee or vendor to access this web site or utilize our Services.
• Aggregated or anonymized information. Information that has been aggregated or for which parts have been removed in a manner such that it no longer reveals your specific identity.
We may use and disclose Other Information for any purpose, except where required by applicable law to do otherwise. We may be required to treat Other Information as Personal Information under applicable law or where we may combine Other Information with Personal Information, in which cases we may use and disclose such information for the purposes described in our Privacy Policy related to Personal Information.
We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.
Security
We use reasonable administrative, technical, and organizational measures in an effort to protect your Personal Information within our firm. However, no method of transmission or storage of information is 100% secure, particularly on the Internet, and despite these measures, we cannot guarantee the security of Personal Information. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us as provided under “Contact Us” below.
Opt-out Process
If, after contacting us or requesting information from us, you no longer want to receive marketing-related communications or emails from us, you may opt-out by contacting us by email at privacy[at]capradimare.com or following the unsubscribe instructions in any communication received from us. After you opt-out, you may still receive important administrative messages from us, unrelated to marketing, from which you cannot opt out.
Access to Your Information
You may also request to access, change, update or delete your Personal Information, at any time. To do so, or to request an electronic copy of your Personal Information for purposes of providing it to another provider of same or similar services (to extent the same is permitted by applicable law), you may contact us at privacy[at]capradimare.com. The transmission of a request of this nature does not guarantee a response from us, other than as would be consistent with applicable law.
Data Retention
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information you have provided, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and applicable legal requirements including, but not limited to, legally mandated retention periods and litigation hold requirements.
Third Party Services
This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties that are not operating on our behalf. The inclusion of a link from our Services to third parties (including, but not limited to, social media platforms is not an endorsement of those third parties. The privacy and data protection practices of those third parties is subject to their own privacy policies and are not covered by our Privacy Policy.
Advertisements
We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser). You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites at http://optout.networkadvertising.org
and http://optout.aboutads.info.
Use of Services By Minors
The Services are not directed to individuals under the age of eighteen (18), and particularly not to those under the age of thirteen (13). We do not knowingly collect Personal Information from individuals under 18, particularly not those under 13, and request that these individuals not provide Personal Information through the Services.
Any California residents under the age of eighteen (18) who used the Service, and who posted content or information on the Service, can request removal by contacting us in writing at privacy[at]capradimare.com, providing as much detail as possible as to where the content or information is posted and attesting that you posted it. We will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. The removal process cannot ensure complete or comprehensive removal (i.e. third-parties may have republished or archived content by search engines and others that we do not control).
Cross-Border Transfer
We are based in the United States and the Personal Information we and our service providers collect is governed by the laws of the United States. If you are accessing the Services from outside of the United States, please be aware that information collected through the Services may be transferred to, processed, stored, and used in the United States. Data protection laws in the United States may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from processing, usage, sharing, and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.
Your California Privacy Rights
We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light” law) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at privacy[at]capradimare.com or by sending a letter to Capra di Mare Designs, P.O. Box 17216, Fernandina Beach, FL 32035 (Attn: Privacy Inquiry). Any such request must include ‘California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by any means other than the indicated email address or postal address.
Sensitive Information
We ask that you not send us, and that you not disclose, any Sensitive Personal Information (e.g. social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics, health information, genetic characteristics, criminal background or trade union or association membership, on or through the Website, Services or otherwise to us. In some circumstances, depending on the nature of the Services you are seeking, we may have to process certain Sensitive Personal Information. In the event certain Sensitive Personal Information is received and is processed to provide Services to you, the retention and processing of the same will be undertaken in accord with this Privacy Policy.
Attorney-Client Communications
Any communications between us and our clients through this Website or an email address utilizing a hosting service associated with this Website are confidential client communications. Any content or communications otherwise submitted to us, such as through contact us tools, posting comments on blogs, creating a user profile, etc., are not intended to create a professional services relationship.
Do Not Track Signals
At this time, we do not respond to browser “Do Not Track” or “DNT” signals. For more information about do-not-track signals, please go to www.allaboutdnt.com.
Updates to this Privacy Policy
We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The “Last Updated” label at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Your use of the Services following these changes means that you accept the revised Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, please contact us by email at privacy[at]capradimare.com. Please note that email communications are not always secure, so please do not include credit card information or Sensitive Information in your emails to us.
Your EEA Privacy Rights
If you are visiting the Services from the European Economic Area (“EEA”), you have certain privacy rights described below:
Personal Information. With respect to EEA data subjects, “Personal Information”, as used in this Privacy Policy, is equivalent to “personal data” as defined in the European Union General Data Protection Regulation.
You may ask us to take the following actions in relation to your Personal Information that we hold:
Opt-out. You may request that we stop sending you direct marketing communications, which you have previously consented to receive. We may continue to send you Service-related and other non-marketing communications.
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. You may request that we update or correct inaccuracies in your personal information.
Delete. You may request that we delete your personal information.
Transfer. You may request that we transfer a machine-readable copy of your personal information to you or a third-party of your choice.
Restrict. You may restrict the processing of your personal information.
Object. You may object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You can submit these requests by email to privacy[at]capradimare.com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
Individuals located in the EEA have the right to lodge a complaint with a supervisory authority of the EEA state where you work or live or where any alleged infringement of data protection laws occurred. A list of the supervisory authorities can be found here:
Additional information regarding data protection authority for your country or region, or where an alleged infringement occurs can be found here:
TERMS OF USE
TERMS OF USE AGREEMENT BETWEEN USER AND CAPRA DI MARE DESIGNS
This Website is comprised of various web pages created and operated by Capra di Mare Designs and Capricorn Endeavors, Inc. (hereinafter “Owner”). It is offered to you upon your acceptance of the terms, conditions and notices herein, without modification or exception. Use of this Website constitutes your agreement to all such terms, conditions, and notices, including but not limited to this Terms of Use Agreement (the "Agreement").
MODIFICATION OF TERMS OF USE
Owner reserves the right to change the terms, conditions, and notices under which this Website is offered, including but not limited to the scope of use, options and charges associated with the use of the Website.
NOT LEGAL ADVICE, PROFESSIONAL SERVICES OR ATTORNEY-CLIENT RELATIONSHIP
The information contained in this Website is provided for general information purposes only. It is not professional or legal advice and should not be relied upon or construed as such. Further, the submission of an inquiry or email to Owner or any of its employees or agents through this Website, will not create an professional services, legal or other privileged or confidential relationship and Owner is not obligated to respond to any inquiries. As communications through this Website will not create a confidential or privileged attorney-client relationship, please do not disclose any information to us that you wish to remain privacy and confidential.
PRIVACY
Certain information about you that you may submit or provide to Owner through this Website is subject to Owner’s Privacy Policy. For more information about Owner’s use and of your Personal Information, please review Owner’s Privacy Policy above.
TERMINATION/ACCESS RESTRICTION
Owner reserves the right, in its sole discretion, to terminate your access to this website and the related services or any portion thereof at any time, without notice.
UNLAWFUL OR PROHIBITED USE
As a condition for use of the Owner’s Website, you as the user warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Website may not be used in any manner which could damage, disable, overburden, or impair the Website or Owner, or interfere with any other party’s use and enjoyment of the Website or other rights. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
THIRD PARTY LINKED SITES
This Website may contain links to other websites (the “Linked Sites”). Linked Sites are not controlled or managed by Owner. and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Owner is not responsible for webcasting or any other form of transmission received from any Linked Site. Owner does not warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer, other Web-enabled device or any information accessed through or contained on such devices. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Owner of the Linked Site or any association with the Linked Site’s operators.
USE OF COMMUNICATION SERVICES
The Owner Website may contain forums, blogs, bulletin board services, chat areas, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate (collectively, our “Communication Services”). Use of this Website and any of the Communication Services constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Violate any applicable laws or regulations.
Neither Owner, nor any related owner or entity, is obligated to monitor the Communication Services. However, Owner reserves the right to monitor the Communication Services including, but not limited to, reviewing materials posted to a Communication Service and removing any materials for any reason in its sole discretion. Owner reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Owner reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Owner’s sole discretion.
Use caution when providing any personally identifying information about yourself or your children in any Communication Service. Owner does not control or endorse the content, messages or information found in any Communication Service and, therefore, Owner specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Owner spokespersons, and their views do not necessarily reflect those of Owner.
TERMINATION/ACCESS RESTRICTION
Owner reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
MATERIALS PROVIDED OR POSTED TO ANY OWNER WEBSITE:
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Owner is not responsible or obligated to monitor the use of the Communication Services for uploading materials. You are responsible for adhering to use limitations if you download the materials.
Owner does not claim ownership of the materials you provide to Owner (including feedback and suggestions) or post, upload, input or submit to this or any Owner Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Owner, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Owner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Owner’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE SOFTWARE, PRODUCTS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE OWNER WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. ALSO, CHANGES ARE PERIODICALLY ADDED TO THE WEBSITE INFORMATION. OWNER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OWNER WEBSITE AT ANY TIME. INFORMATION RECEIVED VIA THE OWNER WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
OWNER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OWNER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OWNER WEBSITE, WITH THE DELAY OR INABILITY TO USE OF THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OWNER WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OWNER OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU RESIDE IN OR CONTACT THIS WEBSITE FROM A STATE OR JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OWNER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OWNER WEBSITE.
INDEMNITY
You agree to defend, indemnify, and hold Owner and its affiliated entities, officers, directors, agents, and employees harmless from any third-party liability including, but not limited to, reasonable attorneys’ fees, arising from or related to your breach of the terms of this Agreement.
GENERAL TERMS AND CONDITIONS
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Duval County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Owner Website. Use of the Owner Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Owner as a result of this Agreement or use of the Owner Website. Owner’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Owner’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Owner Website or information provided to or gathered by Owner with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Owner with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Owner with respect to this Website.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drafted and presented in English.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any reference to or inclusion of the same does not constitute a commercial use of any mark or association with the owner of that mark.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Owner Website are subject to the following: Copyright 2021 by Capra di Mare Designs and Capricorn Endeavors, Inc. and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Owner respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) a statement by you that you have a good faith belief that use of the material in the manner stated is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) your contact information, including your address, telephone number, and an email address.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Our designated agent for notice of alleged copyright infringement relating to our site is:
SERVICE CONTACT
:
Capra di Mare Designs
P.O. Box 17216
Fernandina Beach, FL 32035
Telephone Number of Designated Agent: (407) 258-8296
Email Address of Designated Agent: copyright[at]floridacounsel.com
SITE ADMINISTRATION
If you have comments or questions about the administration of this Website, please contact the Webmaster by email at info[at]capradimare.com.
EFFECTIVE DATE
The original effective date of this Agreement is June 28, 2021.
NOTE: substitute @ for [at] in email addresses as shown on this Website