Terms & Conditions
Last Modified: July 19, 2022
Welcome to Cap & Jack!
Cap & Jack LLC is the owner and operator of websites located at www.capandjack.com, www.capandjackcares.com, www.capandjackshares.com, www.thelovebugclub.com, and www.thewigglebuttclub.com (collectively referred to as “website” or “site”).
References to “Cap & Jack,” “the Company,” “we,” “us” or “our” are references to Cap & Jack LLC, and references to “you,” “your,” “user” or “customer” are references to the person who accesses our website and/or orders any product from the website.
By accessing our website or placing an order, you agree to abide by this Agreement. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE WEBSITE.
Wherever used, the term “product” shall refer to any/all items listed/offered for sale on our website.
All section headings in the Agreement are for convenience only and shall not affect the interpretation of the Agreement. The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require.
3. USE OF WEBSITE
The website is only made available to persons who are at least 18 years of age or the minimum age of majority, whichever is greater, in your state or province of residence. Please do not access the website and order any products through the website if you do not meet the age eligibility criteria.
The Company reserves the right to restrict your access to the website if you do not comply (or where we have reason to believe that you are not complying) with any provision of this Agreement.
3.2. Prohibited Activities
You shall not:
- Use the website or any content made available through the website for any illegal or unlawful purposes;
- Post any content on the website that may be potentially or actually harmful to the Company or any user;
- Post any content or information on the website that is false, inaccurate, misleading, or deceptive;
- Post any defamatory content or content that may be deemed libelous or threatening to the Company, its employees, affiliates, or any user;
- Post any content that is pornographic, inappropriate, or unlawful;
- Use any computer programming routines that may damage, modify, delete or interfere with any system or network connected to the website;
- Use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the website;
- Reformat or frame any portion of the website.
3.3. Intellectual Property
The Company owns all intellectual property rights in all content available on the website, including but not limited to any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like (“Company Content”).
All Company Content is protected by local and international intellectual property laws and conventions. You are prohibited from copying, selling, reproducing, republishing, modifying, distributing, and creating derivative work of any Company Content without our express written consent. You shall not remove any copyright, trademarks, and any proprietary notices on the website or any Company Content.
The Company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the website for personal and non-commercial use only. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement.
3.4. Copyright Infringement Notice
If your copyrighted content is publicly posted, uploaded, or made accessible on the website without your authorization/appropriate license, please send a valid notice to our designated copyright agent with:
- A detailed description of the content that is alleged to have been infringed;
- The exact location on the website where your copyright works is made available (such as links to the page where such copyrighted work appears);
- Your name, phone number, and email address;
- The copyright owner or its agent does not authorize such copyrighted content's use;
- The information contained in the notice is accurate and under penalty of perjury; you are either the owner of an exclusive right allegedly infringed or authorized to act on behalf of such owner regarding the copyright infringement.
An electronic or physical signature of the copyright owner or agent authorized to act on their behalf.
The written notice must be sent to:
Cap & Jack LLC
2784 Homestead Rd.
Santa Clara, CA 95051
3.5. Third-Party Sites
3.6. Information Disclaimer
THE WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE OR ASSISTANCE ANIMALS. NONE OF THE INFORMATION AVAILABLE ON OUR WEBSITE IS INTENDED TO REPLACE ANY ADVICE, RECOMMENDATION, DIAGNOSES, OR TREATMENT PROVIDED BY A LICENSED MENTAL HEALTH CARE PROFESSIONAL.
BY ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THAT ALL INFORMATION AVAILABLE ON THE WEBSITE (INCLUDING ANY PRODUCT INFORMATION, BLOG POSTS, ARTICLES, AND RESOURCES), REGARDLESS OF WHERE IT APPEARS, IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY.
YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER ANY MENTAL HEALTH SERVICES. IF YOU ARE EXPERIENCING ANY MEDICAL OR PSYCHOLOGICAL PROBLEM, PLEASE IMMEDIATELY CONTACT YOUR HEALTHCARE PROVIDER. IN CASE OF ANY EMERGENCIES, PLEASE CALL 911 (IF YOU ARE LOCATED IN THE UNITED STATES) OR YOUR LOCAL EMERGENCY NUMBER (IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES) TO SEEK ASSISTANCE.
YOU SHOULD NEVER DELAY SEEKING MEDICAL ASSISTANCE IF YOU ARE EXPERIENCING ANY PHYSICAL OR MENTAL HEALTH ISSUES. PLEASE DO NOT STOP TAKING ANY MEDICATIONS OR MAKE ANY SELF-DIAGNOSES BASED ON INFORMATION YOU READ ON THE WEBSITE. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR BEFORE MAKING ANY CHANGES TO YOUR TREATMENT OR STARTING ANY NEW THERAPIES.
NO INFORMATION ON OUR WEBSITE IS INTENDED TO BE A RECOMMENDATION OR ENDORSEMENT OF DOGS AS ASSISTANCE ANIMALS, AND WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR RELIANCE UPON ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE.
ALL INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE IS BASED ON THE PERSONAL EXPERIENCES OF THE AUTHOR OR USERS - IT DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROFESSIONAL WHO IS FAMILIAR WITH YOUR UNIQUE MEDICAL CONDITION. YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE OR USE OF PRODUCTS OFFERED ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
4. GUEST CHECKOUT, ACCOUNT SET-UP, AND SECURITY
You can either create a user account on the website or place your order as a guest.
By registering a user account, you can use some additional functionality that is not available to guest users, such as keeping track of your past transactions and accessing your order status. We may decline to provide a user account to any user without providing any reason for our decision.
User Account Security
As a user account holder, you agree to keep your account username and password confidential. You shall be solely responsible for any activity that occurs under your user account. In the event of any security breach or suspicious activity, you must immediately notify us at email@example.com. You hereby release us from any liability, costs, damages, claim, or action arising out of or associated with any unauthorized access to your user account.
Your Personal Data
When you place an order on our website or sign-up for a user account, we collect some personal data from you, including but not limited to your full name, email address, shipping, and billing information (“your data”). Any act of providing incorrect, incomplete, or inaccurate personal information shall constitute a material breach of this Agreement.
It is solely your responsibility to notify us of any change in your data. By continuing to use our website, you represent and warrant that all your data is true, accurate, complete, and current.
5. ONLINE ORDERS
All orders placed through our website are subject to the following provisions:
5.1. Order Placement and Acceptance
Once you have added the products to your shopping cart, you can review and confirm your order details, including your shipping address, payment information, and total purchase price, before submitting your order. Upon receipt of your order, we will send you an acknowledgment email. Please note that the acknowledgment email does not constitute an acceptance of your order by the Company. When your order is accepted, we will send you an order confirmation email.
If your order contains more than one product, we reserve the right to accept your order in part by processing/dispatching only products specified in our order confirmation email. We will only bill you for products that we accept and dispatch to you. You understand that by submitting your order along with your payment information, you are authorizing us to process your order and charge your payment method for the full amount.
We may be unable to accept your order for various reasons, including:
- If the ordered product is unavailable;
- There being any pricing or product description errors on our website at the time you placed your order;
- If we are unable to bill your payment method for your order;
- If our selected carrier does not deliver to your shipping address;
- Your non-compliance with any provision of this Agreement.
In the event we are unable to accept your order, we will contact you to inform you that your order could not be accepted.
5.2. Product Images and Availability
5.2.1. All product images available on the website are for illustration purposes only, and colors may vary from images displayed on the website due to different screen resolutions and studio lighting during a product shoot. For any pre-sale product related questions, please contact us at firstname.lastname@example.org.
5.2.2. All orders are subject to availability. You understand and accept that products that are sold out may not come back in stock and may be removed from our website. If a product you ordered is out of stock, we will contact you to give you an option to order a replacement product (if available). Please note that where you order a replacement product that is priced higher than the product you originally ordered, you will be liable to pay the difference in price. In the event we do not receive a response from you within two calendar days regarding an out of stock product, we may fulfill your order in part by removing any out of stock products from your order.
5.3. Pricing and Payments
5.3.1. Although we take care to ensure that all product prices on the website are correct and current, errors are possible. If there was an error in the price of a product you ordered, we would contact you, and you will have the option to either confirm your order at the correct price or cancel your order. We do not have any legal obligation to accept orders at a lower price due to any errors in pricing on our website.
5.3.2. We reserve the right to change any product’s price on our website or withdraw any offers without giving any prior notice to you. Offers may be subject to additional Terms and Conditions that are not contained in this Agreement. Please review the relevant offer terms when buying a product on offer.
5.3.3. As displayed on our website, product prices do not include shipping fees and handling charges, which will be added at the time of checkout (if applicable).
5.3.4. International deliveries outside of the United States may attract import duties in the destination country. You shall be solely responsible for the payment of any such import duties applicable to your order. We advise you to contact your local Customs authority to obtain all relevant information before placing your order.
5.3.5. PAYMENT GATEWAYS
We currently use Shopify Payments payment gateway to process all payments.
You will be charged the full purchase price plus applicable shipping fees and handling charges for the ordered product at the time you place your order. By providing us with your payment information, you represent and warrant that you have the right to use the provided payment method.
5.3.6. Please note that we will not be liable for any delay or non-delivery resulting from refusal to authorize the payment by your payment card issuer.
5.4. Shipping Policy
All orders will be shipped to the shipping address provided by you at the time you submit your order. It is solely your responsibility to carefully review your shipping address before submitting your order. We will not accept any responsibility for deliveries made to incorrect or incomplete shipping addresses provided by you.
Please note that if you provided us with an incorrect shipping address and your order has already been dispatched, we will require the order to be returned to us before we can issue you a refund. You shall be solely responsible for any return shipping fees incurred in returning your order from such incorrect shipping address. If your order is not returned, you will not be eligible for a refund.
5.4.1. CARRIERS AND DELIVERY TIME
We make use of third-party shipping service providers to deliver the products to you. Although our selected carriers make their best effort to ensure that your order is delivered on time, we will not be held liable for any loss or damage incurred by you or any other person as a result of any delay in delivery due to no fault on our part. You understand and accept that all delivery time frames are estimates only.
5.4.2. SHIPPING FEES, HANDLING CHARGES, AND TAXES
We offer free shipping to customers within the contiguous United States.
If your order is to be shipped outside the contiguous United States, you will be solely responsible for the payment of all shipping fees, handling charges, and duties payable for your order. We will display all applicable shipping fees, charges, and taxes (excluding customs duties payable by you to your local Customs authority) for your order on the checkout page. Please note that we do not offer any return shipping credit on international returns. By submitting your order, you agree to pay all such applicable fees on your order.
5.4.3. INTERNATIONAL DELIVERIES
Please familiarize yourself with all your local import duties, laws, or other requirements before placing your order. You are solely responsible for complying with all the requirements imposed by your local Customs authority. As listed on the website, our product prices do not include any importation taxes that may be imposed by customs in the country where the order is to be delivered. You shall be solely responsible for the payment of any import duties applicable to your order.
5.4.4. UNSAFE SHIPPING ADDRESS
Please provide us with a secure shipping address so you, or a person authorized by you, can accept your order’s delivery. We will not be responsible for any theft or damage if you provide us with an unsafe shipping address where your parcel will be left unattended. All risk in the order will pass to you after our shipping service provider’s tracking reflects that the order was delivered to your specified shipping address. We will not offer any replacement or refund for any loss or damage arising from an unsafe shipping address.
5.5. Order Cancellations, Returns, and Replacements
All items marked as “Final Sale” are final and will not be eligible for refunds, store credit, or replacement.
5.5.1. ORDER CANCELLATIONS
We do not accept any order cancellations. If you have already submitted your order, you will need to wait until you have received your order and return it to us. Please carefully read this section 5.5.2 before returning any product to us.
All sales are deemed final after 60 days from the date of delivery, and we will not accept any return requests after that. We offer return shipping credits to customers who are returning the product from within the United States. Please contact us to inquire about the maximum amount of return shipping credit that is currently offered. We do not offer return shipping credit for international returns.
Full refunds are only issued for returns received within 45 days from the date of delivery. If your return is received after 45 days but before 60 days from the delivery date, we will issue you a store credit in accordance with the provisions of this Agreement.
This returns policy does not cover products listed as ‘non-returnable.’
a) Returns Process
Please send an email to email@example.com with your order number and request a return merchandise authorization (RMA) number. Please note that an RMA must be issued before returning any product. Once you receive the RMA, you will be required to return the product to us.
b) Return of incorrect deliveries or damaged product
If we delivered an incorrect product to you or the product you received was damaged at the time of delivery, we will gladly issue a full refund to you, including applicable return shipping fees. Please contact us at firstname.lastname@example.org within seven calendar days from the date of delivery along with your order number and the nature of the fault in the ordered product. Once you receive a return confirmation email with an RMA number from us, you will be required to send the product back to us. Any minor variation in color does not qualify as incorrect delivery.
All returned products must satisfy the conditions outlined in Section 5.5.2.c) ‘Returned Products’ to qualify for a full refund.
c) Returned Products
We strongly advise you to use a trackable shipping service when returning the product to us. We will not be responsible for any lost parcels or parcels that get damaged in transit, and we will not be able to offer you a refund or replacement until we receive and inspect the returned product. We will only offer you a refund for a returned product if the following conditions are met:
- The returned product must be: unused, in its original condition with all the original packaging, accessories, and manuals included with the product. Where a complimentary gift was included with the purchase, such gift must also be returned unused;
- In case of returns of defective or damaged products, the defect or damage must not be caused by your negligence or failure to follow the product care/use instructions after accepting delivery.
We will inspect all returned products, and we reserve the right to refuse a refund or reduce the amount of refund if the returned product does not comply with the conditions outlined above.
5.6. Refund Policy
Provided the returned product satisfies the conditions set forth in Section 5.5.2.c) above, we will issue refunds in accordance with the provisions outlined herein:
Full refunds (including a return shipping credit) will be issued for any local returns in the United States within 45 days from the date of delivery. All returns received after 45 days but before the end of the 60 day period from the date of delivery will receive a store credit.
Except for incorrect or damaged deliveries, international returns will only qualify for a refund of the order's purchase price plus the original shipping fees paid on the order. International returns will not be eligible for return shipping credits, and you will be solely responsible for reclaiming any duty from your local Customs authority.
Once we receive the returned product, we will inspect the product before approving and issuing the refund. All approved refunds will be made to the same payment method you used when you placed your order.
6. REDEEMING STORE CREDITS
You can only redeem our store credits to purchase a product that is available on the website. We do not offer any guarantees that a product will be available for sale at any given time. Should you wish to acquire a product that either exceeds or is below the value of store credits available in your user account, you may become liable or entitled to settle the balance.
You understand and accept that we are unable to process any refunds for returns of products purchased using store credits. Where you return a product that was purchased with store credits, provided your return satisfies all the requirements of Section 5.5.2.c), we will only issue you a store credit, which may be used to purchase another product available on our website.
7. AFFILIATE MARKETING DISCLOSURE
We participate in affiliate marketing programs that enable us to earn a small amount of revenue when you purchase a product by clicking our affiliate link. The affiliate links on our website will redirect you to third-party websites. When you click on these links, a cookie is placed on your browser to track any sales made using that link. As we are not the provider of products sold by these third party websites, we are unable to offer you any warranties of any nature whatsoever. We strongly advise you to exercise your own best judgment when making any financial decisions to purchase any product. We will not assume any liability for any loss, damage, or claim arising from the purchase of any products from such third party providers.
8. ACCOUNT TERMINATION
Termination by the User
You may terminate your user account at any time by accessing the account settings or by contacting us at email@example.com with the words ‘account termination’ in the subject line.
Termination by the Company
We reserve the right to terminate your user account at any time without giving prior notice to you if we find that:
- You have violated the terms of this Agreement;
- You have violated any applicable laws; or
- Your conduct is harmful to us or any of our users.
Consequences of Termination
After your user account is terminated, any store credits available in your user account will also be deleted. Please note that you will not be able to reactivate your account after termination or redeem your store credits.
9. ELECTRONIC COMMUNICATION
By providing us with your email address, you acknowledge that you are communicating with us electronically. You consent to receive communications from us electronically in return. We will communicate with you by email to respond to your inquiries or to send you direct marketing material when you subscribe to our mailing list. You agree that any notices that we provide to you electronically satisfy the legal requirements of any specific communication be in writing.
We welcome our customers' feedback on our products and any suggestions for improvements. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us full and exclusive rights to use, disclose and/or otherwise exploit your ideas and suggestions, either by inclusion in our business, in whole or part, without any restriction or compensation to you, now or ever in the future.
Cap & Jack LLC
2784 Homestead Rd.
Santa Clara, CA 95051
Your access and use of the website may be interrupted at any time with or without prior notice to you for any system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. We shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur as a result of such deactivation or/and suspension.
We reserve the right to update these Terms to comply with any applicable laws/regulations, to reflect any changes in our business practices, or for any other reasons we deem fit in our sole discretion. Where we make any amendments to these Terms, we will notify you by posting the updated Terms on the website and changing the last modified date on the top.
Unless expressly specified otherwise, the updated Terms shall be effective from the date the updated version is posted on the website. Please take the time to review these Terms regularly to familiarize yourself with any material changes. By using the website after the amended Terms are posted on the website, you agree to be bound by them.
13. DISCLAIMER OF WARRANTIES
ANY PRODUCT OFFERED FOR SALE ON THE WEBSITE IS WARRANTED ONLY IF, AND TO THE EXTENT OF ANY APPLICABLE MANUFACTURER’S WARRANTY.
THE WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT:
(A) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
(B) THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(C) ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
(D) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(E) THE WEBSITE WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES AND OTHER HARMFUL CODE.
THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY ERRORS, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, NETWORK FAILURE, OR UNAUTHORIZED ACCESS TO, DELETION OR MODIFICATION OF YOUR USER DATA HELD BY THE COMPANY. THE COMPANY DOES NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT/INFORMATION AVAILABLE ON THE WEBSITE. THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE OR CONTENT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM THE USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY USER INTERACTION/CONDUCT, WHETHER ONLINE OR OFFLINE.
YOUR DECISION TO USE THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED FOLLOWING THE LINK MADE AVAILABLE ON THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the Laws of the State of California without regard to any conflict-of-laws principles. Any action or claims arising out of this Agreement or the use of the website shall be brought in the state or federal courts of San Jose, California.
16. FORCE MAJEURE
The Company shall not be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.