Terms and Conditions

Last updated: January 21, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The  words of which the initial letter is capitalized have meanings defined  under the following conditions. The following definitions shall have the  same meaning regardless of whether they appear in singular or in  plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common  control with a party, where “control” means ownership of 50% or more of  the shares, equity interest or other securities entitled to vote for  election of directors or other managing authority.
  • Country refers to: Florida, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this  Agreement) refers to Replace My Cage, 6301 Porter Rd UNIT 12, Sarasota, FL 34240.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form  the entire agreement between You and the Company regarding the use of  the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or  services) provided by a third-party that may be displayed, included or  made available by the Service.
  • Website refers to Replace My Cage, accessible from https://replacemycage.com/
  • You means the individual accessing or using the Service, or the company, or  other legal entity on behalf of which such individual is accessing or  using the Service, as applicable.

Acknowledgment

These  are the Terms and Conditions governing the use of this Service and the  agreement that operates between You and the Company. These Terms and  Conditions set out the rights and obligations of all users regarding the  use of the Service.

Your access to and use of the Service is  conditioned on Your acceptance of and compliance with these Terms and  Conditions. These Terms and Conditions apply to all visitors, users and  others who access or use the Service.

By accessing or using the  Service You agree to be bound by these Terms and Conditions. If You  disagree with any part of these Terms and Conditions then You may not  access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your  access to and use of the Service is also conditioned on Your acceptance  of and compliance with the Privacy Policy of the Company. Our Privacy  Policy describes Our policies and procedures on the collection, use and  disclosure of Your personal information when You use the Application or  the Website and tells You about Your privacy rights and how the law  protects You. Please read Our Privacy Policy carefully before using Our  Service.

SMS Terms & Conditions

By opting in to receive SMS messages from Replace My Cage, you agree to receive text messages from us related to your inquiry or service with our company. These messages may include:

  • Consultation scheduling and appointment reminders

  • Project updates and service confirmations

  • Promotional offers, seasonal updates, or educational content about pool enclosures

  • Follow-up messages regarding quote requests or customer satisfaction

Message frequency may vary.
Message and data rates may apply.

You can opt out at any time by replying STOP to any message. For help or more information, reply HELP or visit https://replacemycage.com.

By opting in through a web form or any other medium, you confirm that you are the subscriber or authorized user of the mobile number provided and that you consent to receive SMS messages from Replace My Cage.

For more details, please review our full policies:

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If  You participate in any Promotions, please review the applicable rules  as well as our Privacy policy. If the rules for a Promotion conflict  with these Terms, the Promotion rules will apply.

Intellectual Property

The  Service and its original content (excluding Content provided by You or  other users), features and functionality are and will remain the  exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our  trademarks and trade dress may not be used in connection with any  product or service without the prior written consent of the Company.

Your Feedback to Us

You  assign all rights, title and interest in any Feedback You provide the  Company. If for any reason such assignment is ineffective, You agree to  grant the Company a non-exclusive, perpetual, irrevocable, royalty free,  worldwide right and license to use, reproduce, disclose, sub-license,  distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The  Company has no control over, and assumes no responsibility for, the  content, privacy policies, or practices of any third party web sites or  services. You further acknowledge and agree that the Company shall not  be responsible or liable, directly or indirectly, for any damage or loss  caused or alleged to be caused by or in connection with the use of or  reliance on any such content, goods or services available on or through  any such web sites or services.

We strongly advise You to read the  terms and conditions and privacy policies of any third-party web sites  or services that You visit.

Termination

We may terminate  or suspend Your access immediately, without prior notice or liability,  for any reason whatsoever, including without limitation if You breach  these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding  any damages that You might incur, the entire liability of the Company  and any of its suppliers under any provision of this Terms and Your  exclusive remedy for all of the foregoing shall be limited to the amount  actually paid by You through the Service or 100 USD if You haven’t  purchased anything through the Service.

To the maximum extent  permitted by applicable law, in no event shall the Company or its  suppliers be liable for any special, incidental, indirect, or  consequential damages whatsoever (including, but not limited to, damages  for loss of profits, loss of data or other information, for business  interruption, for personal injury, loss of privacy arising out of or in  any way related to the use of or inability to use the Service,  third-party software and/or third-party hardware used with the Service,  or otherwise in connection with any provision of this Terms), even if  the Company or any supplier has been advised of the possibility of such  damages and even if the remedy fails of its essential purpose.

Some  states do not allow the exclusion of implied warranties or limitation  of liability for incidental or consequential damages, which means that  some of the above limitations may not apply. In these states, each  party’s liability will be limited to the greatest extent permitted by  law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is  provided to You “AS IS” and “AS AVAILABLE” and with all faults and  defects without warranty of any kind. To the maximum extent permitted  under applicable law, the Company, on its own behalf and on behalf of  its Affiliates and its and their respective licensors and service  providers, expressly disclaims all warranties, whether express, implied,  statutory or otherwise, with respect to the Service, including all  implied warranties of merchantability, fitness for a particular purpose,  title and non-infringement, and warranties that may arise out of course  of dealing, course of performance, usage or trade practice. Without  limitation to the foregoing, the Company provides no warranty or  undertaking, and makes no representation of any kind that the Service  will meet Your requirements, achieve any intended results, be compatible  or work with any other software, applications, systems or services,  operate without interruption, meet any performance or reliability  standards or be error free or that any errors or defects can or will be  corrected.

Without limiting the foregoing, neither the Company nor  any of the company’s provider makes any representation or warranty of  any kind, express or implied: (i) as to the operation or availability of  the Service, or the information, content, and materials or products  included thereon; (ii) that the Service will be uninterrupted or  error-free; (iii) as to the accuracy, reliability, or currency of any  information or content provided through the Service; or (iv) that the  Service, its servers, the content, or e-mails sent from or on behalf of  the Company are free of viruses, scripts, trojan horses, worms, malware,  timebombs or other harmful components.

Some jurisdictions do not  allow the exclusion of certain types of warranties or limitations on  applicable statutory rights of a consumer, so some or all of the above  exclusions and limitations may not apply to You. But in such a case the  exclusions and limitations set forth in this section shall be applied to  the greatest extent enforceable under applicable law.

Governing Law

The  laws of the Country, excluding its conflicts of law rules, shall govern  this Terms and Your use of the Service. Your use of the Application may  also be subject to other local, state, national, or international laws.

Disputes Resolution

If  You have any concern or dispute about the Service, You agree to first  try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If  You are a European Union consumer, you will benefit from any mandatory  provisions of the law of the country in which You are resident.

United States Legal Compliance

You  represent and warrant that (i) You are not located in a country that is  subject to the United States government embargo, or that has been  designated by the United States government as a “terrorist supporting”  country, and (ii) You are not listed on any United States government  list of prohibited or restricted parties.

Severability and Waiver

Severability

If  any provision of these Terms is held to be unenforceable or invalid,  such provision will be changed and interpreted to accomplish the  objectives of such provision to the greatest extent possible under  applicable law and the remaining provisions will continue in full force  and effect.

Waiver

Except as provided herein, the failure  to exercise a right or to require performance of an obligation under  these Terms shall not affect a party’s ability to exercise such right or  require such performance at any time thereafter nor shall the waiver of  a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These  Terms and Conditions may have been translated if We have made them  available to You on our Service. You agree that the original English  text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We  reserve the right, at Our sole discretion, to modify or replace these  Terms at any time. If a revision is material We will make reasonable  efforts to provide at least 30 days’ notice prior to any new terms  taking effect. What constitutes a material change will be determined at  Our sole discretion.

By continuing to access or use Our Service  after those revisions become effective, You agree to be bound by the  revised terms. If You do not agree to the new terms, in whole or in  part, please stop using the website and the Service.