Terms and Conditions of Use
Effective Date: September 1, 2020
Welcome to CAGEMASK. By visiting our website and using CAGEMASK products, you are agreeing to all the terms below.
KHBR LLC d/b/a CAGEMASK (collectively referred to throughout as “CAGEMASK,” “we” or “us”), offers a variety of products; and our e-commerce websites and applications (“CAGEMASK Shopping”).
Please feel free to contact us if you have any questions or suggestions.
1 Safety First
CAGEMASK cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our products in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our products, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, and exercises or any of the related activities made available to you in connection with the products. If you choose to participate in activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities may pose risks even to those who are currently in good health.
You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related use of our products.
You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of CAGEMASK or by the action, inaction, or negligence of others.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, even if caused in whole or part by the action, inaction or negligence of CAGEMASK or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by our product.
2 Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through our webiste, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by CAGEMASK, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
3 Not Medical Advice
We aim to provide useful general information for our community, not professional medical advice. Our products are not medical devices and are not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of our website does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between CAGEMASK and you.
- Updates to these Terms
CAGEMASK reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the CAGEMASK websites or in our applications). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
- No Warranties
EXCEPT WHERE PROHIBITED BY LAW, CAGEMASK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the website or the product. To the maximum extent permitted by applicable law, we do not warrant that (i) the products will meet your requirements or provide specific results, (ii) the operation of the website will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall CAGEMASK, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, personal, or consequential damages of any kind whatsoever; and (b) loss of profits, revenue, data, use, goodwill, or other intangible losses. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not CAGEMASK has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of CAGEMASK, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.
To the extent permitted by applicable law, you acknowledge and agree that we offer the products and set the product prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the products to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by UA’s own fraud, recklessness, gross negligence or willful misconduct.
- Governing Law
These Terms shall be governed solely and exclusively by and construed in accordance with the laws of the State of Florida and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
- Disputes and Arbitration, Jurisdiction and Venue
To the maximum extent permitted by applicable law, you and CAGEMASK agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Miami, Florida, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
- the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Miami, Florida, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or CAGEMASK from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or CAGEMASK from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of CAGEMASK’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the website. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the website.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
- Contact Us
If you have any feedback, questions or comments about the Services, please contact our Support Team by email at email@example.com. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
- CAGEMASK Shopping
By shopping with us using CAGEMASK Shopping, you agree to these terms and conditions. These terms and conditions apply to all offers and agreements in connection with the online sale and delivery of CAGEMASK apparel and accessories (“CAGEMASK Apparel”). Accordingly, the specific terms and conditions set forth below apply when you order any CAGEMASK Apparel (i) from cagemask.com or any of its country extensions; (ii) from any site that is directly connected to cagemask.com; or (iii) any CAGEMASK e-commerce or shopping application (collectively, “CAGEMASK Shopping”).
(a) Account Registration
An account is not required to shop via CAGEMASK Shopping. To make online shopping faster and easier, however, you may register for an account with us on one of our websites or applications. Please confirm your email address when creating your account as we will use the email address on file to contact you. If you have an account, you will have the ability to track shipments, view past orders, and quickly access your shipping and billing information with a username and password. If you do not want to set up an account, you can still purchase from CAGEMASK Shopping as a “Guest.”
(b) Online Availability
When shopping, once you’ve selected the item you wish to purchase, if applicable, you can determine what color/size is in stock by first selecting the color (1.Select Color), and then the size (2.Select Size). If the size you want is not listed for the selected color, it is not available. Although CAGEMASK Shopping is designed to feature “real-time” inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock due to overwhelming popularity of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to email firstname.lastname@example.org so that we may help you find a similar product.
(c) Ordering and Changes to Orders
When you place an order we will send a confirmation email to the address you have provided. If you are using your workplace email address, be aware that many corporations use spam filters to disqualify incoming automated emails, which could hamper delivery of our confirmation email to you or send it to junk mail.
The “confirmation” stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from CAGEMASK. Acceptance of your order and the completion of the contract between us will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.
Due to the close time frame between order and shipment, it is difficult to make changes once your order has been placed. However, if you contact us within an hour of placing your order and we will attempt to facilitate a change.
Sales Tax and similar taxes, such as value added tax (“VAT”), are calculated using local and national rates depending on where you are located. Where VAT is applicable, you will be charged at the local rate and it will be included in the product price.
CAGEMASK reserves the right to supplement the list of acceptable forms of payment for CAGEMASK Shopping. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. For most jurisdictions, you must ensure that the billing address on file with the credit or debit card-issuing bank is the same billing address you enter when ordering. We do not accept personal checks, money orders or cash payments online.
Because CAGEMASK does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a “pre-authorization” is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds. Please note that the transaction description will show up on your statement as “CAGEMASK.” Most authorizations expire within five to seven days; however, the issuing bank ultimately determines the length of the authorization. The final credit or debit card charge will only reflect the value of your shipped merchandise plus applicable shipping and taxes. If you have any further questions, please do not hesitate to call our customer service team.
If you are experiencing problems with payment, please contact our customer service team-a member of our team will be happy to assist you.
(f) Delivery and Shipping
There are some locations that we cannot ship to, and we do not ship to post office boxes, so please confirm that we can deliver to you before placing your order.
The estimated delivery time and shipping costs for each order will be presented at checkout. While we make every effort to deliver goods within the estimated timelines, delays occasionally occur. CAGEMASK shall not be liable for any delay or failure to deliver goods within estimated timelines.
CAGEMASK reserves the right to require goods to be signed for by an adult aged 18 years or over upon delivery. It is not always possible for customers in one jurisdiction to purchase from CAGEMASK Shopping in another jurisdiction. Please visit our local website to see what stock is currently available to you.
You will generally receive a tracking number via email once your package has been shipped. You can also find your tracking number(s) by logging into your account and entering the Order Number from your order confirmation email to track your package. Please allow two to four business days between placing your order and using the tracking tool.
If you tracked your order on our website and received the message that your order is “in transit”, this simply means that your order is being processed for shipment, or that the tracking information has not yet been updated with the shipping carrier. It typically takes two to four business days for the carrier to receive our tracking information.
We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.
Any orders that are delivered to you will become your property at the time that you receive them, provided that CAGEMASK has received full payment for the order.
(g) Cancellations, Exchanges and Refunds
At this time all CAGEMASK sales are final, no cancellations, exchanges, ir refunds are permitted.
(h) Conflicts of Terms; Governing Law
To the extent these CAGEMASK Shopping terms are inconsistent with the Terms, these CAGEMASK Shopping terms will supersede and prevail with respect to your CAGEMASK Shopping orders and use of CAGEMASK Shopping. To the extent these CAGEMASK Shopping terms are inconsistent with the terms of the local website used to place your order, the terms of the local website will supersede and prevail with respect to your CAGEMASK Shopping orders and use of CAGEMASK Shopping.
(i) Product Descriptions and Pricing
CAGEMASK Shopping aims to be as accurate as possible. However, we do not warrant that product descriptions, photographs, videos or other product related content on CAGEMASK Shopping are wholly accurate, complete, reliable, current, or error-free. If a product offered by CAGEMASK is not as described, your only remedy is to return it in unused condition for a refund.
Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by CAGEMASK is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The prices displayed on CAGEMASK Shopping may be quoted in local currencies.
Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through CAGEMASK Shopping, the prices or specifications of any such goods and any promotional offers and any content available on CAGEMASK Shopping at any time and from time to time without any notice or liability to you or any other person.
- Intellectual Property
All current or future intellectual property rights regarding the Goods, including but not limited to patent, copyright, trademark or trade secret, stay vested in Seller. Seller herewith grants Buyer a limited non-exclusive, non-transferable license to, solely and directly in connection with the sale or advertising of Seller’s Goods, use these intellectual property rights pursuant to the following term and condition: Any websites displaying Seller’s Goods must meet Seller’s quality standards for product image and brand integrity set in annex I to these conditions.
- Force Majeure
We shall not be in breach if any obligation suffers from Force Majeure. Force Majeure includes, without limitation, strikes, lockouts and industrial actions, breakdowns of machines or tools or other breakdowns within Seller’s company, a shortage of raw materials, delay, transport problems, floods, fire, traffic impediment or transport problems, war or threat of war, mobilization, state of siege, disturbances or riots, in- or export impediment and any other governmental measure or regulation as well as any other circumstance that is beyond Sellers control and which would result in Seller’s inability to perform in accordance with the Agreement. Force Majeure must also be deemed to apply in the event that one or more of the above-mentioned circumstances occur within the companies of Seller’s suppliers and Seller cannot or could not perform its obligations, or cannot or could not perform such in good time, as a consequence.