THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Ordering and Purchase Conditions
CBT reserves the right at any time after receipt of your order to accept or decline any order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Your receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell the product or service. We may, in our sole discretion, limit or cancel quantities purchased. 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. If we change or cancel an order, we will attempt to notify you by contacting the email, billing address and/ or phone number provided at the time the order was places. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors meaning any company or an individual that purchases goods with the intention of selling them.
If ordering a mask frame please visit https://www.ctbiotech.com/secure-fit-how-it-works/ for information on submitting your photographs, we will need the photographs to customize your mask and complete your order. Please email your photos to [email protected] and please include your order number from the receipt email or simply reply to the receipt email you will receive from us when your order is received. Photographs will not be shared with any third party except to the limited extent necessary to process your order or if required by verified law enforcement request, order, or subpoena. You represent that you have the necessary rights to submit any images you submit for us to create a mask frame. You will be fully liable for and will defend, indemnify and hold CBT harmless for any claims that are brought against us because you did not have such rights.
You agree to use any product purchased on the Site solely as directed in any product information such as manuals or directions provided therewith, no other use is authorized, and you assume all risk for such unauthorized use.
Prices, Payment, and Shipping
Prices displayed are quoted in U.S. dollars and do not include shipping and handling. Purchases are subject to applicable taxes which must be paid by the purchaser, where required by law, we collect sales tax and pay it to the state or province to which we’ve shipped your order. Only one credit or debit card may be used per order. You can pay using GooglePay, we also accept the following credit and debit cards: VISA, MasterCard, Discover and AMEX.
All transactions are secure and encrypted. If you are using a discount code, you may enter it in the checkout. For products purchased from our Sites using a credit card, an authorization may be placed on your credit card when you place an order. You will be charged for your purchase when you place your order. Partial shipment or partial cancellation of orders may occur. You agree to pay for all orders accepted by us at the prices in effect when such charges are incurred, including all shipping and handling charges and any applicable taxes. If any payment due is not made by you, we may terminate this Agreement and your access to and the use of the Site. If legal action is necessary to payment from you, you will reimburse us for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
We will ship your order as soon as possible, please note that shipping times are being affected by the COVID-19 pandemic. Shipping costs vary and are calculated at the time of checkout.
Returns or Exchanges
Because our mask frames are customized to fit the buyer they cannot be returned. We will exchange your mask frame if there is a defect and therefore you cannot use it. If you believe you have a defective mask frame, please contact us within thirty (30) days of shipment of your purchase (or should it be date of order) and we will ship a replacement to you. For quality control purposes we require that you return the defective mask frame to us as directed by us and at our cost. To inform us of any potentially defective mask frame and request a replacement please contact CBT by email at: [email protected]. Your exchange will be processed, and a replacement mask frame will be shipped to you after we receive the defective mask frame.
Unless otherwise noted, the Site and all features and materials on the Site, including but not limited to text, images, illustrations, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned or licensed by CBT and/or its subsidiaries. The Site and the Content are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or share in any way any of the Content or the Site except that you may download or copy the Content for your personal use only and no right, title or interest in any downloaded Content is transferred to you as a result. The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to cancel orders if any information on the Site is inaccurate without prior notice. Any unauthorized use of the Content may violate copyright, trademark and other applicable laws. CBT does not warrant or represent that Content on the Site will not infringe the rights of third parties.
You agree to use any product purchased on the Site solely as directed in any manuals or directions provided therewith, no other use is authorized, and you assume all risk for such unauthorized use. You represent that you have the necessary rights to submit any images you submit for us to create a mask frame. You will be fully liable for and will defend, indemnify and hold CBT harmless for any claims that are brought against us because you did not have such rights.
If you send materials to us (for example, contest entries, reviews, photographs submitted with reviews, videos or audio recordings), proposals, plans, or other materials, whether online or by email, postal mail, or otherwise (collectively, “User Content”), you agree that we may, in our sole discretion, without restriction, edit, copy, publish, distribute, translate, and otherwise use your User Content in any medium at any time. “User Content” does not include photographs submitted for the purpose of purchasing a mask fitter. User Content is and will be considered non-confidential and non-proprietary. CBT will have no obligation to pay compensation for User Content. We maintain the right, but not the obligation, to monitor and edit or remove any User Content at any time for any reason.
By providing us User Content you agree that it will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that 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 Site. By uploading User Content to the Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant CBT an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display and distribute your User Content, and to prepare derivative works based on your User Content with or without attribution. The foregoing license shall survive termination of this Agreement. We do not accept, and we expressly reject any unsolicited ideas or proposals for the products or services sold on the Site or for any new products or services. You understand and acknowledge that if you submit same despite the preceding sentence we may have been working on the same or a similar idea, already know of it from other sources, or may plan to develop a product or service based on that idea on our own.
Third Party Advertisers
The Site may include links to third party websites. CBT has no control over such websites or the content within them. CBT cannot guarantee, represent or warrant that the content contained in these third party sites is accurate, legal and/or inoffensive. CBT does not endorse the content of any third party site, nor does CBT warrant that such third party sites will not contain viruses or otherwise impact your computer system or mobile device. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information. You agree that you may not make any claim against CBT for any damages or losses, whatsoever, resulting from linking to another website from the Site. If you experience any problems or negative results linking to a third party website from the Site, please notify us at [email protected]
Personal Information Submitted Through the Site
NEITHER THE CONTENT NOR ANY INFORMATION ON THE SITE CONSTITUTES MEDICAL ADVICE. IT IS NOT INTENDED AS MEDICAL ADVICE FOR CONDITIONS OR TREATMENT AND IT DOES NOT REPLACE THE NEED FOR ADVICE OR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. PROTECTION FROM VIRUS OR DISEASE DEPENDS UPON SEVERAL FACTORS, INCLUDING, BUT NOT LIMITED TO, YOUR MEDICAL HISTORY, DIET, LIFESTYLE, AND USE OF ANY PROTECTIVE MATERIALS. NO ONE ITEM SUCH AS A MASK FRAME IS INTENDED TO OR CAN WARRANT OR REPRESENT THAT IT WILL PREVENT DISEASES IN ANY OR ALL CIRCUMSTANCES
CBT MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK THEREIN. THE SITE AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. CBT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CBT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event will CBT be liable to you for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if CBT has been advised of the possibility of such damages. you agree that our maximum liability in the aggregate is the greater of the price paid for the product or $100. some jurisdictions do not allow the exclusion or limitation of liability for incidental, consequential or other damages, so the limitation in this paragraph may not apply to you and they shall not apply to a resident of New Jersey to the extent damages to such new jersey resident are the result of CBTs negligent, fraudulent or reckless act(s) or intentional misconduct.
Arbitration and Dispute Resolution
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) all Claims in court before a judge or jury. instead, a neutral arbitrator will resolve all Claims. If you do not wish to be bound by this arbitration provision, you must notify CBT in writing within 30 days of the date that you placed an order on the site. your written notice must include your name, mailing address, email address and order number as well as a clear statement that you do not wish to resolve claims with CBT through arbitration. written notice must be mailed to Connecticut BioTech, LLC. Attn: Legal Department/Arbitration, 75 Gerber Road East, South Windsor, CT 06074.
Any arbitration or trial of any Claim will take place on an individual basis without resort to any form of class or representative action (“Class Action Waiver”). Regardless of anything else in this Arbitration Provision, the validity and effect of this Class Action Waiver may be determined only by a court and not by an arbitrator. You acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found to be unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, YOU AND CBT ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All Claims brought by you against CBT must be resolved in accordance with this Arbitration and Dispute Resolution Section. All Claims filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should you improperly file a Claim, CBT may recover attorneys’ fees and costs up to US$1,000 from you, provided that CBT has notified you in writing of the improperly filed Claim, and you fail to promptly withdraw the Claim after receiving notice of improper filing.
CBT shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order, or any failure or delay of any transportation, power, or communications system or any other or similar cause not under CBT’s reasonable control (collectively “Force Majeure.”) Notwithstanding the foregoing, CBT shall be permitted to terminate this Agreement with or without notice to you if you are prevented from performing hereunder due to Force Majeure.
CBT is the sole user of the information collected on this Site. CBT only has access to or collects information that you voluntarily give CBT via email or other direct contact from you, including, but not limited to name, address, email address, telephone number, credit/debit card information, and purchase information.
By submitting a telephone number on the Site, you agree that a representative of Connecticut Biotech, LLC. can contact you at the number you provided, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. you consent is not an obligation to receive any products and/or services. CBT may sell your personal information to non-financial organizations, such as companies engaged in direct marketing and the selling of consumer products and services.
CBT may also share your information with affiliated entities of CBT to provide joint content and services, to market the products and services of such entities, or to solicit reviews from the you about the Site or purchases made on the Site.
In addition, CBT will respond to a verified law enforcement, or other governmental department request or subpoena relating to a criminal investigation, alleged illegal activity, identity theft, or a matter of national security, in which case your personal information may be disclosed. In such events, CBT will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, IP address, and credit card information. CBT may also share such information with third parties, such as license verification companies, for the purposes of investigating or preventing fraudulent activities. CBT reserves the right to report to law enforcement agencies any activities that it believes, in good faith, to be unlawful. In the case of identity theft, you may authorize a law enforcement officer to request the records from us or you may request that we send your records directly to a law enforcement officer.
CBT may use and disclose your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CBT about CBT’s customers and/or users of the Site is among the assets transferred.
If required by applicable law, you can do the following by contacting CBT via email at [email protected]otech.com:
To stop receiving promotional or marketing emails or to opt-out of having your information sent to third parties for marketing purposes, you can follow the instructions in any promotional email you receive from CBT. Even if you opt out of receiving promotional or marketing emails, you will still be contacted with transactional messages these include but are not limited to a confirmation email with details of your order, a notice about the status of your order, a shipment notification, and/or a request to provide feedback about service you received from us.
You have the right to access their data and provide instructions on how to go about doing so.
To get access to, or ask us to correct, amend or delete inaccurate data please contact us at [email protected] If asked to remove data, we will respond within a reasonable timeframe.
In addition, CBT participates in targeted advertising. we allow third party companies to collect certain information when you visit the Site to provide measurement services to the Site and target ads to you. the Site uses this information to serve ads for the CBT’s products or services or for the products or services of other companies when you visit the Site or other websites. These companies use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware or software information, cookie and session ID) and personally identifiable information (e.g. IP address) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These parties typically use a cookie, third party web beacon, or other similar technologies to collect this information.
CBT works with third parties that collect information across various channels. Such third parties use this information to recognize you across different channels and platforms, including but not limited to computers, mobile devices, and smart TVs, over time for advertising, analytics, attribution, and reporting purposes. your data may be transferred outside of the country from which it was originally collected.
Some browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. Currently, the Site does not respond to browser ‘do not track’ signals, but CBT provides you the option to opt out of targeted advertising. To learn more about this type of advertising or to opt-out of this type of advertising, visit http://optout.aboutads.info/.
We use flash cookies on the Site. Flash cookies are small pieces of information stored and accessed by Adobe Flash. If you want to disable these flash cookies, you’ll need to open the Adobe Settings Manager, accessible either by right-clicking “Flash Content” and clicking ‘Global Settings’, or by navigating directly to your storage settings through the flash website. There you can clear some or all your flash cookies manually through the Website Storage panel or turn off flash storage completely. However, please remember this could prevent some parts of the Site from working properly.
We also use third-party technology services to better understand the needs of our website users. This enables us to optimize the services that we provide and your experience on the website.
CBT takes reasonable precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Whenever CBT collects sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the address of the web page. CBT is committed to not re-identifying sensitive information collected by us. CBT also protects your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which CBT stores personally identifiable information are kept in a secure environment. Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on the Site, and transmission of such data is therefore entirely at your own risk.
Copyright Infringement Notification
If you wish to file a copyright infringement notification with us, you will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity. *Please provide the URL(s) in the body of the email or letter, as this will help us to identify the potentially infringing material.
Contact information of the complainant.
A statement that the complainant has a good faith belief that use of the material in the manner complained of is a copyright violation.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.
Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to our designated agent at: Copyright Complaints Attn: Connecticut BioTech, LLC 75 Gerber Road East South Windsor, CT 06074 Fax: (860)870-2528 Email: [email protected]
Please note the following: Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
This Agreement will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
Last Updated September 2, 2020