Terms and Conditions
Revised: September 15, 2021
Welcome to Capeable.com ("Site"). This Site is owned and operated by or on behalf of CapeAbles by Jockey LLC (“CapeAble”). THESE TERMS GOVERN THE USE OF THIS SITE AND ALSO APPLY TO PURCHASES FROM THE JOCKEY INTERNATIONAL, INC. (“Jockey”) CATALOG. Any purchase constitutes your agreement to follow and be bound by these terms. CapeAble and Jockey may modify or change these terms at any time, without prior notice. Your use of this Site or any purchase of CapeAble products in the Jockey Catalog following any such change constitutes your agreement to follow and be bound by the terms as modified. If at any time you do not agree to or fail to abide by these terms you are no longer permitted to use this Site or make purchases from the Jockey Catalog.
User Comments, Feedback and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to CapeAble and/or Jockey on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the property of CapeAble. Such disclosure, submission or offer of any Comments shall constitute an assignment to CapeAble of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, CapeAble will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CapeAble is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. CapeAble reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on CapeAble to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not CapeAble chooses to exercise this right.
You agree that CapeAble and Jockey may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that CapeAble and Jockey may use your information for marketing and promotional purposes.
CapeAble’s Communications to You
Through your use of this Site you may be asked to provide CapeAble with your personal E-Mail address. If you choose to provide your personal E-Mail address, you expressly agree that CapeAble may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of CapeAble’s products or services, or for such other purpose(s) as CapeAble deems appropriate. If you provide us with your e-mail address and then wish to opt-out, you can:
- Follow the link at the bottom of our e-mail communications.
- Send e-mail to firstname.lastname@example.org and ask that you be removed from our list.
- Calling us toll free at 1-260-494-7560 (MON-FRI 7:00 - 8:00 CST, SAT-SUN 9:00 - 5:30 CST), or
- Writing us at:
Attention: Privacy Officer
CapeAbles by Jockey LLC
P.O. Box 1417 2300 60th Street
Kenosha, Wisconsin 53141-1417
Message and Data Rates may apply. By emailing email@example.com, by calling 1-260-494-7560, or by signing up through our website, you can subscribe to receive promotional text messages from CapeAble and its affiliates and subsidiaries at the mobile number you provided. You understand you are not required to provide any consent to receive text messages as a condition of purchasing goods or services through this Site. You also agree to receive a confirmation opt-out text from CapeAble if you subsequently reply “STOP” to any of our text message, or you can opt-out from receiving text messages from CapeAble by emailing firstname.lastname@example.org requesting to opt out, by calling 1-260-494-7560, or you unsubscribe through our website. You agree to receive up to 8 automated messages per month, which may include the latest updates on products, contests, special offers, polls and trivia. Finally, you also affirm you are 18 years of age or older, authorized to receive text messages to the mobile number you provided and responsible for any message or data rates that may be incurred. Powered by Omnisend.
You can opt out of texts at any time by replying "STOP" to any texts you receive, by emailing email@example.com requesting to opt out, by calling 1-260-494-7560, or you unsubscribe through our website. Before changing your mobile phone number, you agree that you will opt out of CapeAble Texts. You can opt back in with your new mobile number by emailing Marna@capeable.com, by calling 1-260-494-7560, or by signing up through our website.
For help related to texts, reply "CAPEABLE HELP" to any text message received from CapeAble, and its affiliates or subsidiaries, or call 1-260-494-7560.
Please consult your service agreement with your wireless carrier to determine your phone's pricing plan. This program may not be available on all mobile operators. CapeAble may add or remove participating mobile operators without notice. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate. Check with your mobile operator.
Pricing and Product Information
CapeAble products are available on Capeable.com, as well as through Jockey catalogs; however, availability of the products displayed on this Site is subject to the supply of each particular market. All product descriptions and offerings are subject to change by CapeAble at any time without notice. CapeAble strives to provide correct pricing information. However, in the event that pricing errors occur CapeAble reserves the right to cancel any order containing pricing inaccuracies, regardless of the receipt by you of any order or shipping confirmation.
CapeAble offers merchandise to consumers through this Site and Jockey catalog. CapeAble may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, CapeAble reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use. Notwithstanding anything to the contrary, CapeAble does not offer additional discounts on any purchase made with the intent to resell.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site or in the Jockey Catalog (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CapeAble. Unauthorized use of our protected properties is prohibited. You may not modify in any way any part of the Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of CapeAble. You may, however, download and copy items such as product descriptions displayed for personal, non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
CAPEABLE, SMARTWEIGHT, THE SCIENCE BEHIND THE COMFORT and all other trademarks and logos used in this Site are trademarks of CapeAbles by Jockey LLC.
Links to Other Sites
When you click on a product title or on an icon, colored text or logo for a particular store or merchant (a "Merchant") which appears on a page of the Site, you are connected to that individual Merchant's Web site (the "Merchant Site") or an online ad for the Merchant (a "Merchant Ad"). Each Merchant owns and operates its own Merchant Site. The accuracy of the information and content of each Merchant Ad, and on the Merchant Site, is the sole responsibility of the Merchant. Links to Merchant Sites and Merchant Ads do not constitute an endorsement by CapeAble of the Merchant Sites or Merchant Ads or the products or services listed. CapeAble is providing these links to you only as a convenience, and is not responsible for the content of the Merchant Sites or Merchant Ads.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT CAPEABLE AND JOCKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR TO MAKE ANY PURCHASES THROUGH THE JOCKEY CATALOG. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT CAPEABLE AND JOCKEY HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPEABLE AND JOCKEY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO CAPEABLE.COM OR JOCKEY CATALOG, AND CAPEABLE AND JOCKEY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Class Action Waiver
YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST CAPEABLE AND JOCKEY ARISING FROM THE USE OF THIS SITE OR THE JOCKEY CATALOG, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF CAPEABLE AND JOCKEY. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.
This Site is displayed solely for the purpose of promoting CapeAble’s products and services available in the United States. This Site is controlled and operated by CapeAble through its offices in Kenosha, Wisconsin. This Site, its terms, advertisements, and offerings, including all purchases made through this Site or Jockey Catalog, shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. All claims and disputes shall be submitted to binding arbitration in the State of Wisconsin, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at the time the claim or dispute is submitted.