Terms of Use

Last updated: 05.08.2024

Preliminary Remarks regarding Non-German Webpages

We use translation algorithms for all non-German language pages of www.capemay.de. If information (including all legal information, such as these Terms of Use) are provided in a language other than German, this is solely for your convenience and not legally binding. Only webpages in German language are legally binding. Please contact us if you wish to clarify any aspects of non-German information, or in case you notice an ambiguous or potentially incorrect translation.

These Conditions

(1) This website (the "Site") and/or the Services, including any associated mobile applications (collectively, the "Services") are owned and operated by Cape May Wealth Advisors GmbH (hereinafter also: "we", "us" and "our"). These Terms of Use (“Terms”) set out the terms and conditions under which visitors or users (collectively: “Users” or “you”) may visit and/or use the Site and/or the Services.

(2) By accessing or using the services, you agree to the terms and agree to them with binding effect. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services. These Terms tell you who we are, how you use the Services, and what to do if you have problems.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services. If you are a minor, you can only use the Services with the permission of your parents or legal guardians.

Permitted Use

(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, do not: (i) use our Services in any unlawful or fraudulent manner (including to violate the rights of any third party) or for any purpose to collect personally identifiable information or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to disrupt, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not meet our content standards; (v) use our Services to deliver, or facilitate the delivery of, any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data, or upload data to our Services, that contains any virus, trojan horse, worm, time bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code that could damage the operation of any computer software or hardware (vii) use any robot, spider, other automatic device, or manual process to monitor or copy our website or other web pages, or the content contained in our Services, or use network monitoring software to discover the architecture of our Services, or extract usage data from our services; (viii) engage in behavior that restricts or inhibits other users from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that violates these Terms, allegedly or in fact.

Intellectual Property Rights

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the Wording in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Services involve the delivery of digital content, such as music or video, you are granted the rights as set out in relation to such content on the Site.

User Content

(1) You can upload text, files, images, photos, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information and post other appropriate material (collectively, “User Content”).

(2) By displaying or publishing ("posting") any User Content on or through the Services, you hereby grant us a non-exclusive, fully-paid and royalty-free, worldwide, limited license to use, modify, delete, supplement , public performance, public display, and reproduction of such User Content as part of the Services by distributing some or all of the Services in the appropriate media formats through the media channels we support, except that User Content that has not been shared publicly ("privately") , not to be distributed outside of the Services.

(3) You represent and warrant that: (i) the User Content you upload or make available through the Services is owned by you or you otherwise have the right to grant the license described in this Section, (ii) the Posting and using your User Content on or through the Services will not violate any privacy right, publicity right, copyright, contract right, intellectual property right or other right of any person, and (iii) posting your User Content on the Services will not violate any contract between you and any third party violates.

(4) If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, you can notify us by providing the following information (our contact details for this can be found in the last section of these Terms):

(i) the contact details of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of the material that you claim is infringing or 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 remove the material find (including URL address);

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the owner of any copyright that is claimed to have been infringed.

(5) We reserve the right to notify the person or entity that reported the breach of any counter-notification and provide all of the details contained therein.

(6) We can be reached at the following address:

Cape May Wealth Advisors GmbH

Schönhauser Allee 98
10439 Berlin

Germany

Email: info@capemay.de

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). specific purpose or warranties related to the security, reliability, timeliness, accuracy and performance of our Services, etc.) except for cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates.

Exemption

You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, or any User Content that you uploaded or made available in breach of the warranties set forth in the "User Content" section, it unless these circumstances are not due to your fault.

Limitation of Liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and which you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.

Changing the Terms and the Services; Attitude

(1) We reserve the right, in our sole discretion, to change these Terms from time to time to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. Therefore, you should review these Terms on a regular basis and in any event when registering for a Member Account (if applicable). The new Terms will apply to your use of the Service after they become effective. If any ongoing Services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.

(2) We may change the Services, stop providing the Services or one or more feature(s) of the Services offered, or limit the Services. We may terminate or suspend access to the Services, or the Services themselves, permanently or temporarily for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.

Links to Third Party Sites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.

Applicable Law

(1) These conditions are subject to the laws of the Federal Republic of Germany (without taking into account the conflict of law provisions) and are to be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (OS), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are under no obligation to resolve consumer disputes through alternative dispute resolution bodies.

Miscellaneous

(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.

(2) The headings used in these terms are for better understanding only and have no legal meaning.

(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.

(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.

(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services.

(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.

Contact

To contact us, use our contact form or send a message to: