Agreement between User and www.caracalcorp.com

Welcome to the www.caracalcorp.com website (the “Site”) which is comprised of various web pages provided by or on behalf of Caracal Products and Services Incorporated (“Caracal”) and its partners, vendors, suppliers, and contributors (“Third Parties”). Your access to and use of the Site is voluntary and is done entirely at your own risk. By accessing and using the Site, you accept, without modification, the terms, conditions, and notices contained herein (the “Terms”). If you access the Site from a location outside of the United States, you are responsible for compliance with all laws applicable to you as a resident or user of the Site outside of the United States including without limitation international and local laws. Please read these Terms carefully and keep a copy of them for your reference.

Privacy

The Terms include the Caracal Privacy Policy (“Privacy Policy”) which is hereby incorporated in its entirety by this reference. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Caracal including any attachments thereto constitutes electronic communications (“Communications”). Any Communications you send are sent on a non-confidential basis and without any promises by Caracal to keep such Communications confidential. You acknowledge and agree that Caracal shall have the right to use (including reproduce, modify, distribute and display) such Communications for any purpose whatsoever and without any obligation to pay you compensation for such use. You represent that any Communications you send to Caracal must be legal, truthful and not violate the rights of others and you further agree to defend, indemnify, and hold harmless Caracal and its affiliates, shareholders, directors, officers, and employees from any and all claims or actions for actual or alleged infringement of any patent, trademark, copyright, or other such intellectual property right arising out of or in connection with your violation of such third party intellectual property rights. Further, you consent to receive electronic communications from Caracal and you agree that all agreements, notices, disclosures and other communications provided by Caracal to you electronically, via email and/or on the Site, satisfy any legal requirement that such communications be in writing.

Caracal’s Use of Cookies

When you visit the Site, our web services may use “cookies” to recognize your browser’s domain name and internet protocol address and you consent to this action. Caracal collects this information in order to collect information regarding the pages visitor’s access. This information is collected solely for statistical purposes and is not used to identify individuals, nor is it shared with third parties. Some browsers allow you to disable cookies or warn you before accepting cookies. If you disable cookies, you acknowledge and understand that you may not be able to use all parts of the Site.

Cancellation/Refund Policy

Caracal may offer a cancellation and/or refund for certain of its products. Please contact Caracal at sales@caracalcorp.com with any questions related to cancelations and/or refunds.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (the “Linked Sites”). Caracal is providing the Linked Sites to you as a convenience only. You acknowledge and agree that the Linked Sites may have their own terms of use and data collection practices, and your access to the Linked Sites is done at your own risk. Caracal is not responsible for any content, operation of, or privacy policies of such Linked Sites. The inclusion of any Linked Sites does not imply endorsement by Caracal of such Linked Site, nor does it imply any endorsement of its operators, or any content contained therein.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Caracal that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All material, information, and content included as part of the Site such as text, audio, illustrations, photographs, images, video, artwork, graphics, names, logos, trademarks and service marks, as well as the compilation thereof, and any software used on the Site, is the property of Caracal (or Third Parties) and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Any reproduction, modification or other use is expressly prohibited. Further, you agree not to publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the material, content, or other information found on the Site, in whole or in part.

No Legal Advice, Opinions or Services Provided

The information, materials, and content on the Site are provided solely for general information and do not constitute legal advice. Legal advice must be tailored to the specific circumstances or a particular case or event and laws are constantly changing and nothing provided on the Site should be used as a substitute for effective legal counsel. Information, materials, and content on the Site are designed to be of general applicability and not tailored to any circumstance nor do they attempt to interpret applicable laws or regulations. If legal advice or other expert assistance is required, the services of a competent attorney should be sought.

Indemnification

You agree to indemnify, defend and hold harmless Caracal, its officers, directors, employees, agents and Third Parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising directly or indirectly, in whole or in part, out of your use of the Site or your violation of these Terms, or any law or the rights of any third party. Caracal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Caracal in asserting any available defenses.

Disclaimer of Warranties and Liabilities

Caracal makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information, materials, or content provided on the Site. ALL INFORMATION, MATERIALS, AND CONTENT ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CARACAL MAKES NO WARRANTY OF REPRESENTATION REGARDING THE ACCESSIBILITY OF THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARACAL DOES NTO ACCEPT LIABILITY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER LOSSES OR DEAMAGES OF ANY KIND, INCCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PROGRAMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT MAY RESULT FROM USE OF THE SITE AS A CONSEQUENCE OF ANY INACCURACIES IN, OR ANY OMISSIONS FROM, THE INFORMATION PUBLISHED ON THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers in these Terms may not apply. To the extent that Caracal may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Caracal’s liability shall be the minimum permitted under such applicable law.

Updates/Termination/Access Restriction

Caracal reserves the right to suspend, discontinue, and/or modify these Terms, this Site, and any materials, content or information set forth therein, at any time and without notice at the sole discretion of Caracal. All materials, content or information found on the Site should be considered current only as of the initial publication date and not the date on which the content was accessed. The most current version of the Terms will supersede and replace all previous versions. Caracal reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

General Provisions

These Terms, along with any other terms of use you agree to when using certain portions of this Site, constitute the entire agreement between you and Caracal with respect to accessing or using this Site and the materials, information, and content contained therein. The Terms shall be governed by the laws of the United States and the laws of the State of Michigan shall govern. Any claims or suites arising from or related to these Terms or your access and/or use of the Site shall be brought in the Federal and State courts located in Wayne County, Michigan and you irrevocably agree to submit to the exclusive jurisdiction of such courts without regard to the principles of conflict of laws. Caracal’s failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision contained in these Terms is invalid, then that provision will be deemed to be removed from these Terms without affecting the other provisions, and the remaining provisions will be deemed to be valid and enforceable. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding your ceasing to use the Site.

Contact Us

If you have any questions or concerns about the Terms, you may contact Caracal as follows:

CARACAL PRODUCTS AND SERVICES INCORPORATED
6500 East Warren Avenue
Detroit, Michigan 48207

Email Address:
support@caracalcorp.com

Telephone number:
8778982847

©2023 Caracal