Terms of service

TERMS OF SERVICE

California Residence Prop 65 Warning:

Kages™ sells certain products that can expose you to chemicals listed on the Proposition 65 Chemical List that can be found at www.p65warnings.ca.gov/chemicals, which are known to the state of California to cause cancer and/or reproductive harm. For more information, go to www.P65Warnings.ca.gov If you need information regarding Proposition 65 for a specific product, please let us know.

Terms of Service:

Since certain products, such as enclosures, are custom built to order, such products generally are ready for shipping within 3-4 weeks of order, but your order may take longer to fill. During busy seasons, this estimated time may be longer, so please contact us for current build times. Our policy is to send an email to you when the product has shipped.

If there is any damage resulting from the shipment of products ordered on the site, you agree to (1) contact us immediately, (2) keep ALL packaging and the damaged parts, (3) take, and send to us, pictures of the shipping container and the damaged product. Refund for, or replacement of, items damaged during shipping will be at our sole discretion.

Our electrical products, including but not limited to heat cable, flexible heat tape, light sockets, LED strips/wires, T5 fixtures, thermostats, and heat pads are not manufactured by us or specifically for reptile use. Consistent with these Terms, neither we nor the manufacturer have any liability for damages, personal injury or death related to such electrical products, whether malfunctions, improper use or any other cause. By purchasing any product or other item from us or through the site that includes an electrical component, you acknowledge the dangers of heating and electrical products and assume all responsibility for the use thereof. You agree that all heating elements must be operated through a thermostat. Specifically, you agree that a proportional thermostat, rather than an on/off thermostat, is the only type of thermostat that should be used to control heat cable or flexible heat tape control. By purchasing a product with heating options you are specifically requesting us to install or provide heating elements that are commonly used in the industry, but are not approved by the manufacturer of the heating elements for this specific use. Kages and the manufacturer of the heating elements will not be held responsible for malfunctions of the heating elements or electrical elements because they are not specifically intended for use in this specific industry or application.

The purchase or use of any product or service from the site may be regulated by certain national, state/province, county and municipal laws or regulations. You acknowledge that complying with all applicable laws and regulations is your responsibility. YOU AGREE NOT TO HOLD KAGES OR CBHG HOLDINGS LLC LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION, OR FOR OUR FAILURE TO NOTIFY YOU OF ANY LAW OR REGULATION. OUR POLICY IS TO COMPLY WITH LAW ENFORCEMENT AND JUDICIAL ORDERS AND MAY PROVIDE INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION.

ACCURACY OF BILLING, ACCOUNT AND SHIPPING INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card, and other identifying information of any nature will be true, complete, and correct. You agree that you will only use credit cards belonging to you or agents who have expressly authorized such use, for the purpose of purchasing products and/or services from us.

Any failure to provide a complete and accurate shipping address may result in items being returned to our shipping department. No refunds will be issued if items are undeliverable. Please see our Shipping Policy for more information.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

GIFT CARDS

Gift cards must be redeemed within 12 months of purchase or the minimum amount of time allowed under applicable law. Gift cards cannot be redeemed for cash. We cannot replace lost or stolen gift cards. Gift cards purchased at a discounted rate can only be used toward regular priced items.

THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

USER IDEAS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, designs, suggestions, proposals, photographs, images, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘ideas’), you agree that we may, at any time, without restriction, and without any compensation to you, edit, copy, manufacture, publish, distribute, translate and otherwise use in any medium (including incorporation into our products) any ideas or materials that you forward to us. We are and shall be under no obligation (1) to maintain any ideas in confidence; (2) to pay compensation for any ideas; or (3) to respond to any ideas.

By using the hashtag #reptilekages (or @reptilekages), or by sending us a photograph or image, or by leaving a comment or a review, you grant to Kages an unlimited, worldwide, perpetual, non-revocable right to use, reproduce, distribute, modify, edit, create derivative works from, and convey the image, photograph, comments or review in any format or medium, whether now known or subsequently developed. This grant shall be construed broadly.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your ideas will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your ideas will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any ideas. You are solely responsible for any ideas you make and their accuracy. We take no responsibility and assume no liability for any ideas posted or contributed by you or any third-party.
OVERVIEW
This website (“this site”, “the site”, “the website” or “our website”) is operated by CBHG Holdings LLC. Throughout the site, the terms “we”, “us”, “our” and “Kages” refer to CBHG Holdings LLC and its affiliated companies. Kages offers this site, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing something from us, you engage in our “Services” and you accept and agree to be bound and abide by these terms and conditions of Service (“Terms of Service” or “Terms”), our Privacy Policy, found at https://reptilekages.com/policies/privacy-policy, our Refund Policy, found at https://reptilekages.com/policies/refund-policy, and our Shipping Policy, found at https://reptilekages.com/policies/shipping-policy, all of which are incorporated herein by reference. These Terms of Service apply to all users of the site and/or Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. For the sake of clarity, the definition of “Services” includes purchasing any product, service or other item through the website, and by purchasing any product, service, or other item through this website you are agreeing to be bound by these Terms.

Please read these Terms of Service carefully before accessing or using our website, or before engaging our Services. By accessing or using any part of the site or our Services, you agree to be bound by these Terms of Service. If you do not want to agree to all the Terms of Service, the Privacy Policy, the Refund Policy, or the Shipping Policy, then you must not access or use the website or any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or Services following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS; INTELLECTUAL PROPERTY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Services or products for any illegal or unauthorized purpose nor may you, in the use of the Services or our products, violate any laws in your jurisdiction (including but not limited to copyright laws). In the use of the Services, you must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

This site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), along with (a) all designs of our products and (b) all social media content generated by us, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the site, our products, and our social media content for your personal, non-commercial use only. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or gain from any of the material on our site, or our social media platforms, except as follows (or as provided by applicable law):

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or products available through the website. You agree not to reproduce or copy any products or other items obtained from us and/or though the website.

The Kages name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CBHG Holdings LLC or its affiliates or licensors. You must not use such marks without our prior written permission.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, consistent with applicable law. You understand that your content (including personal information but not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any products or the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any products or the Service. Prices are in US Dollars and we only accept US Dollars. We are not responsible for any exchange fees or rates your financial institution may charge you for international purchases.

PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the designs, colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or image will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, consistent with applicable law. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We reserve the right to refuse any and all returns for any reason, except in cases where we or our suppliers have made an error in sending a customer an incorrect, damaged, or defective product.

Because many of our products are for animals, and many are custom-made, we cannot accept returns, and ALL SALES AND DEPOSITS ARE FINAL AND NONREFUNDABLE. Please see our Refund Policy for additional details.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service (or products or other items obtained through the Service) will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the
Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In no case shall CBHG Holdings LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or other items procured from us or by using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kages and CBHG Holdings LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Any provisions of these Terms that by their nature survive termination shall so survive termination, whether such termination is by you or by us.

ENTIRE AGREEMENT; MISCELLANEOUS
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

GOVERNING LAW; ARBITRATION; LIMITATIONS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Minnesota. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our website shall be instituted exclusively in the courts of the State of Minnesota (in a court located in the County of Sherburne), or in the federal courts of the United States (in a court located in Minnesota), although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or this site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DCMA

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Kages will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

CBHG Holdings LLC

17501 Weaver Lake Drive Maple Grove, MN 55311

Email: hello@reptilekages.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
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;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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 or trademark owner, its agent, or the law; and
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 owner of an exclusive right that is allegedly infringed.
CBHG Holdings LLC will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. If you knowingly materially misrepresent that material or activity on the System is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

CONTACT INFORMATION