Terms of Service

Last updated on: 1/1/25

OVERVIEW

These Terms of Service (“Terms”) are entered into between you and caveworks, Inc. and its officers, affiliates, and subsidiaries (collectively referred to as “caveworks,” “we,” “our” or “us”). This website is operated by caveworks. Throughout the site, the terms “we”, “us,” and “our” refer to caveworks. Please read these Terms carefully before accessing or using our website, https://caveworks.co/ (the “Site”). By accessing or using any part of the site, you agree to be bound by these Terms. caveworks offers the Site, including all information, tools, and services available from the Site (collectively with the Site, the “Service”) to you, the user, conditioned upon your acceptance of all Terms stated here. If you do not agree to the Terms, then you may not access the Site or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

The Terms govern (a) your use of the Site, (b) your use of the Service, and (c) your access to and use of other services, including caveworks-controlled social media pages and any ads, SMSs, email notifications, features, commerce services, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or appearing on or through the Site. By engaging in our Service, you agree to be bound by the Terms, including those additional terms and conditions and policies incorporated by reference herein and/or available by hyperlink. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Note that Section 6 contains an acknowledgment of risks associated with using our products, Section 7 contains an acknowledgement of required due care and customer responsibility for any required assembly or installation of our products, and Section 15 contains a class action waiver, which limits the manner in which you can seek relief from us.

Our other policies, including our Privacy Policy, our Return and Return and Refund Policy, and our Cancellation Policy are incorporated by reference into these Terms.

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

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide the Service to you.

If you have any questions about these Terms, please contact us at info@caveworks.co.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, 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 products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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 Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (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.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the 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 the Site is at your own risk.

The 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 the 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 the Site.

SECTION 4 - TERMS OF SALE

The following terms and conditions apply to all purchases from caveworks: 

1. Product Availability: All products offered on the Site are subject to availability.
2. Pricing: See Section 5.
3. Payment Method: Only valid payment methods acceptable to us may be used to complete a purchase via the Site. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If a payment is not settled, whether due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.
4. Taxes: To the fullest extent permitted by applicable law, you are responsible for payment of any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) incurred as a result of your purchase from caveworks. Orders placed outside the U.S. may incur Taxes as determined by the relevant taxing authority. We will collect applicable Taxes wherever we have a duty to collect Taxes, as determined by us. We will provide a Taxes estimate for the amount we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount estimated at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
5. Errors: In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged).
6. Returns: Returns may be accepted in accordance with our Return and Refund Policy, which is set out on a separate page and contains the detailed conditions under which customers can return any physical products purchased from caveworks. Our Return and Refund Policy is incorporated by reference into these Terms.
7. Refunds: Refunds may be issued in accordance with our Return and Refund Policy, which is set out on a separate page and contains the detailed conditions under which refunds may be issued to customers of caveworks. Our Return and Refund Policy is incorporated by reference into these Terms.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products or services are subject to change at any time, but changes will not affect any order that has been placed prior to a pricing change.

We reserve the right at any time to modify or discontinue 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 the Service.

SECTION 6 - PRODUCTS OR SERVICES

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

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at 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 do not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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 understand that our products are intended for use in connection with cycling, an athletic and fitness activity. You expressly acknowledge that engaging in athletic or fitness activities with the products you purchase from caveworks inherently carries certain and potentially significant risks of property damage, bodily injury, or death, and you voluntarily assume all known and unknown risks associated with these athletic or fitness activities even if caused in whole or part by the action, inaction, or negligence of caveworks or by the action, inaction, or negligence of others.

Please consult your physician before using any caveworks products in connection with athletic or fitness activities, particularly if you are over age 35 or have pre-existing health problems. Immediately stop any such athletic or fitness activities if you experience unexpected pain or fatigue, or any other unexpected discomfort, and consult a medical professional before resuming the activities. Do not use the Service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure you are capable of any physical movements or other activities required when using the Service.

SECTION 7 - ASSEMBLY OR INSTALLATION ON THE PART OF THE CUSTOMER

The caveworks RIVET, when purchased as a complete build, is fully assembled and adjusted by qualified technicians before shipping. Certain components are disassembled for shipping. Consequently, the customer must assemble these after receiving the RIVET. These components must be assembled according to the instructions provided, and with the aid of information and tools supplied and videos provided by us on our Site or with input from caveworks support personnel. The customer warrants that all steps taken to assemble any components were completed in accordance with the provided instructions, and that due care has been taken during the assembly process.

Some caveworks products may require customer installation. The customer must install any such products according to the instructions provided, and with the aid of information and tools supplied and videos provided by us on our Site or with input from caveworks support personnel. The customer warrants that all steps taken to install any components were completed in accordance with the provided instructions, and that due care has been taken during the installation process.

SECTION 8 - SHIPPING, TRANSFER OF RISK

You acknowledge that any risk of accidental destruction, accidental damage, or accidental loss of the delivered goods shall pass to you at the time the goods are handed over to you or at the time you are in default of acceptance.

SECTION 9 - RETENTION OF TITLE

We retain title to the goods delivered by us until full payment of the purchase price (including applicable taxes and shipping costs) has been received for the goods in question.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made from caveworks. 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.

For more details, please review our Return and Refund Policy. These terms incorporate our Return and Refund Policy by reference.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools or products over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools or products ”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 or products.

Any use by you of the optional tools or products offered by caveworks 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 services and/or features shall also be subject to these Terms.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on the 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 of 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 any such 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.

SECTION 11 - USER CONTENT, INCLUDING COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send certain specific submissions or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), whether with or without our request for such User Content, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us. We are and shall be under no obligation (1) to keep User Content in confidence; (2) to pay compensation for any User Content; (3) to otherwise acknowledge anyone providing User Content; or (4) to respond to any User Content.

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

You agree that your User Content will not violate the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your User Content 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 User Content. You are solely responsible for any User Content you offer and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. These Terms incorporate our Privacy Policy by reference.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in our provision of 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 our provision of 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.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service 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 or malware 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.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our 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 our products is at your sole risk.

You and caveworks agree that any dispute arising out of or related to these Terms is personal to you and caveworks and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

In no case shall caveworks, our 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 the Service or any products procured 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 product made available via the Service, even if advised of their possibility.

SECTION 16 - RELEASE, INDEMNIFICATION

You agree to indemnify, defend, and hold harmless caveworks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - 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 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 Service, or when you cease using our Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms or any other agreements incorporated by reference herein, 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 Service (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms 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 governs 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).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms, and any separate agreements incorporated by reference herein, and any dispute arising from these Terms and your use of the Service or any products purchased from caveworks, will be governed by and construed and enforced in accordance with the laws of Colorado, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

PLEASE CONTACT US WITH QUESTIONS OR CONCERNS AT: info@caveworks.co TELEPHONE (U.S): 720-213-8052

Phone Hours: Monday - Friday, 9am - 5pm, Mountain Time Zone