Terms & Conditions
Last Updated: December 20, 2021
PLEASE READ THESE TERMS & CONDITIONS (“TERMS & CONDITIONS”) CAREFULLY AS THEY GOVERN THE SALE OF ALL TANGIBLE PRODUCTS AND GOODS (EACH, A “PRODUCT”) AND SERVICES (“SERVICES”) BY CARAGALA LLC AND ITS AFFILIATES (“CARAGALA” OR “US”) TO YOU (“CUSTOMER”, “BUYER”, “YOU” OR “USER”) VIA THIS WEBSITE (THE “WEBSITE” OR “CARAGALA.COM”). THESE TERMS & CONDITIONS TAKE PRECEDENCE OVER ANY ADDITIONAL, SUPPLEMENTAL OR CONFLICTING TERMS SET FORTH IN BUYER’S PURCHASE ORDER OR OTHER DOCUMENTATION TO WHICH NOTICE OF OBJECTION AND REJECTION IS HEREBY GIVEN. UNLESS A SEPARATE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF CARAGALA, NO TERMS & CONDITIONS PRESENTED BY BUYER SHALL BE BINDING ON CARAGALA. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES, BY ACCEPTING DELIVERY OF PRODUCTS OR SERVICES DESCRIBED ON THE APPLICABLE QUOTE, SALES ORDER, WORK ORDER, SERVICE ORDER, PACKING SLIP, BILL OF LADING AND/OR INVOICE, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY AND ACCEPT THESE TERMS & CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH US, AND (3) IF YOU ARE ENTERING INTO THESE TERMS & CONDITIONS ON BEHALF OF AN ENTITY, YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT PLACE ANY PRODUCT OR SERVICE ORDERS ON THIS WEBSITE.
USERS IN THE UNITED STATES ONLY: THESE TERMS & CONDITIONS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS & CONDITIONS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Website Access. You agree to use the Website only for purposes that are permitted by these Terms & Conditions and any applicable law. You agree that you will not access or attempt to access the Website other than through the interface that is provided by CaraGala, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of CaraGala. You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website).
Intellectual Property. CaraGala shall retain sole ownership of right, title, and interest in and to all of its intellectual property, including, without limitation, content and materials on the Website, digital or physical catalogs, product guides or other documents, ideas, methods, trademarks, service marks, trade names, symbols, logos, copyrights, patents, trade secrets, and know-how (collectively, the “CaraGala Intellectual Property”). The CaraGala Intellectual Property is proprietary to the CaraGala and protected by intellectual property laws, including but not limited to United States Copyright law and United States Trademark law.
You agree that you will not duplicate, reproduce, copy, sell, trade, republish or resell the CaraGala Intellectual Property or any portion of the CaraGala Intellectual Property for any purpose. No licenses to any CaraGala Intellectual Property are created herein and use without express written permission by an authorized agent of CaraGala is prohibited.
Accuracy of Information. Though reasonable efforts have been made to ensure the Website is current and contains no inaccuracies or errors, no guarantees are made that the Website's content will be error-free, accurate, complete or current, nor can we assume responsibility for these errors. CaraGala may correct errors or inaccuracies and change or update information on the Website at any time without notice, including prices and product availability.
Using Linked Content. The Website may provide links to other websites. All those sites are independent from CaraGala’s, and therefore we have no control over, and no liability for, those websites or their contents, or their use. CaraGala provides these links for your convenience, and you decide to access them at your own risk.
User-Provided Content. By submitting, uploading or posting any comments, ideas, suggestions, information, files images or other materials to our site (“Submissions”), you warrant that you have full right and authority to submit that content, and that they have sole copyright and proprietary right over said Submissions. CaraGala shall have a royalty-free, irrevocable, transferable right and license to use the Submissions, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. CaraGala is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.
Users may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. CaraGala reserves the right not to publish, or to remove, any Submission we deem inappropriate for any reason whatsoever. You are and shall remain solely responsible for the content of any Submissions. CaraGala and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold CaraGala harmless from and against all third-party claims, damages and expenses (including reasonable attorney fees) against or incurred by CaraGala arising out of any Submissions.
Acceptance. All orders placed by Buyer are subject to acceptance by CaraGala. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CaraGala reserves the right at any time after receipt of your order to accept, decline or cancel your order (in whole or in part) for any reason. Your order is not accepted until it is shipped (or a portion of the order is shipped). CaraGala reserves the right, without prior notification, to cancel orders at our discretion or to limit the order quantity on any Product and/or refuse Service to anyone. CaraGala may also in its sole discretion allocate Product among its Customers. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit in the amount charged for the cancelled portion (if You have already been charged for the order) or (b) not charge you for the cancelled portion of the order.
Order Communication and Status. As an e-commerce company, our primary form of communication is email. All order updates, including shipment confirmation and tracking information, will be sent to the email address used when the order was placed. For this reason, please be sure to provide a valid email address when placing your order. You may also acquire your order status by logging in to your account on the Website.
To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing for a small percentage of orders. If additional information is needed to help ensure the order’s validity, we will reach out via email.
Order Cancellation and Modification. Once your order is placed, we cannot guarantee that it can be cancelled or modified. If you want to cancel or modify your order, please contact us immediately by phone at (720) 664-3680. We strongly discourage sending order cancellation or modification requests via email only because it is unlikely we will receive the message in time to cancel or modify the order. Orders fully or partially processed by CaraGala may not be cancelled or modified by Buyer.
Non-Cancelable, Non-Returnable Products. Special orders for Products not customarily stocked, custom-built Products or made-to-order Products are non-cancelable, non-returnable and non-refundable. Please contact us prior to placing an order if you have a question regarding the return status of any Product.
Order Discrepancies. Claims for shortages, incorrect materials or invoicing errors must be made by Buyer in writing within five (5) business days after receipt of shipment.
Sales Tax & Duties. Sales tax will be charged on Product costs and shipping & handling fees, where applicable, for orders shipping into states where we have nexus for state tax purposes. Orders shipping to locations in Colorado will be charged applicable sales tax. You will be solely responsible for payment of all taxes (other than taxes directly imposed on CaraGala’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product or Service purchase (“Taxes”) not withheld by CaraGala.
If you are tax-exempt, please submit a completed sales tax exemption certificate to firstname.lastname@example.org. If you are not registered, you may email a copy of your tax-exempt form to email@example.com. International orders may be subject to various taxes and duties in the country of destination, all of which are the responsibility of the Buyer.
Prices and Currency. All prices are subject to change without notice. Prices shown in the digital or printed catalog are for reference only and final pricing is determined by the published website price. Prices are exclusive of and Buyer is responsible for taxes, impositions and other charges, including: sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties.
In the event of inaccurate information, CaraGala shall in its sole discretion have the right to refuse and/or cancel any order for a Product and immediately amend, correct and/or remove the inaccurate information. CaraGala may also attempt to resolve the discrepancy by coming to an agreed upon price with the Buyer prior to order refusal or cancellation.
All prices listed are in U.S. Dollars and subject to confirmation. All charges will be processed in U.S. dollars. CaraGala does not calculate or provide conversion rates. When ordering outside of the United States, the funds captured for an order will be converted to the local currency of the ordering country on your credit card statement. Please contact your card issuer or financial institution for further details.
Credit Card (Preferred Method). All orders must be placed online through our checkout process. If you are having issues with our checkout process, please call us at (720) 664-3680. We accept all major credit cards including Visa, MasterCard, Discover and American Express (each, a “Payment Provider”). Only a single credit card may be used to process the order. Your Payment Provider agreements governs your use of the designated credit card, and you must refer to that agreement and not these Terms & Conditions to determine your rights and liabilities. By providing CaraGala with your credit card number and associated payment information, you agree that CaraGala is authorized to immediately invoice you for all fees and charges due and payable to CaraGala hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder.
Your card will be charged in full once the first item(s) on your order ship. When you place an order on the Website, an authorization is placed on your bank account for the amount of your order. An authorization is a communication from your bank to our payment system letting us know your card is valid and the required funds are available. These authorizations may show as “pending” on your bank statement until the funds are captured. Once the card is charged for the order, the authorization will drop off from your bank statement, typically within 1-2 business days. Credit and debit card providers differ in how long they will hold an authorization for a pending transaction. Authorizations and/or pending transactions will hold these funds on your bank account, which can result in overdraft fees. CaraGala assumes no liability for fees in the event of such an overdraft.
Alternative Payments (Check, Money Order, ACH, Wire Transfer). Payment via net thirty (30) days is available to businesses, schools and agencies or as otherwise specified by CaraGala subject to approved credit. If you have an established credit account with CaraGala, checks, money orders, ACH and wire transfers are accepted. Payment terms are Net 30 days from the date of invoice. If you fail to make payment within 30 days, CaraGala may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30 days will accrue interest at a rate of 1.50% per month. Purchaser agrees to pay the cost of any and all expenses incurred by CaraGala to collect past due sums, including but not limited to legal, collection and court costs.
PayPal Payments. We accept payment via PayPal on the Website as an additional payment option. A major credit card is still required to complete the transaction, as we do not accept gift cards, store cards, or account credits associated with your PayPal account.
CaraGala shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, shortages, inability to procure Product, supplies of raw materials, severe weather conditions, or any other circumstances or cause beyond the control of CaraGala in the conduct of its businesses.
Disclaimer of Warranties
Content on the Sites is provided for entertainment purposes only.
CARAGALA OFFERS THE PRODUCTS, THIS WEBSITE, AND ANY AFFILIATED APPLICATIONS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARAGALA DOES NOT WARRANT THAT THIS WEBSITE AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE THIS WEB SITE AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND ANY AFFILIATED APPLICATIONS USED BY CARAGALA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARAGALA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL CARAGALA BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF OR RELATED TO THE SALE OF PRODUCTS AND SERVICES, YOUR USE, MISUSE OR INABILITY TO USE OUR PRODUCTS AND SERVICES, ACCESS TO OR USE OF THE WEBSITE, OR SITES WE LINK TO, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, RECALL COSTS, COST OF CAPITAL, LOST GOODWILL, COST OF PURCHASED OR REPLACEMENT PRODUCTS, CLAIMS FOR SERVICE INTERRUPTIONS, IMPAIRMENT OF OTHER ASSETS, PERSONAL INJURY, DEATH, LEGAL EXPENSES, OR OTHERWISE, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, OR OTHERWISE. IN NO EVENT SHALL CARAGALA’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT AND/OR SERVICE SOLD. CARAGALA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS AND SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT.
BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARAGALA, CARAGALA’S JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES), AND REASONABLE ATTORNEY FEES, RESULT FROM OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE PRODUCTS OR SERVICES.
Termination of these Terms & Conditions
These Terms & Conditions will commence on the date you accept them (as described in the preamble above) and remain in full force and effect while you use the Website, unless terminated earlier in accordance with the terms herein. Either you or CaraGala may terminate these Terms & Conditions upon written notice to the other. Upon termination of these Terms & Conditions, your right to use the Website will automatically terminate. All provisions of these Terms & Conditions, which by their nature should survive, shall survive termination of these Terms & Conditions, including without limitation, those sections entitled “Limitation of Liability” and “Indemnification”.
All notices required or permitted to be sent to CaraGala or Buyer shall be given in the English language, in writing, and shall be deemed duly delivered and received when sent via an internationally recognized commercial overnight courier service or sent by registered or certified mail with return receipt requested, postage prepaid, to CaraGala or Buyer at the primary address specified as CaraGala’s place of business or Buyer’s address.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CARAGALA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any Products sold or distributed through the Website, or to any aspect of your relationship with CaraGala, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or CaraGala may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms & Conditions or any prior version of these Terms & Conditions.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CaraGala, Attn: Legal, 14 Inverness Dr E, Ste F156, Englewood, Colorado 80112. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, CaraGala will pay them for you.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CaraGala. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND CARAGALA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CaraGala are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement.” An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the State or Federal Courts located in Denver, Colorado. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: CaraGala, Attn: Legal, 14 Inverness Dr E, Ste F156, Englewood, Colorado 80112 or by email to firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your CaraGala username (if any), the email address you used to set up your CaraGala account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in subsection entitled “Waiver of Class or Other Non-Individualized Relief” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with CaraGala.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if CaraGala makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing CaraGala at the following address: CaraGala, Attn: Legal, 14 Inverness Dr E, Ste F156, Englewood, Colorado 80112 or by email to email@example.com.
All transactions to which these Terms & Conditions apply shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without reference to any choice of law or conflict of law provision that would cause the application of the laws of any jurisdiction other than the laws of Delaware.
Any legal suit, action or proceeding arising out of or relating to this Terms & Conditions, or a breach thereof, which the parties are permitted under these Terms & Conditions to initiate litigation in a court, will be instituted in the federal or State courts located in Denver, Colorado. Each party irrevocably submits to the exclusive jurisdiction of the courts in any legal suit, action or proceeding.
Terms & Conditions Updates. These Terms & Conditions may change at our discretion any time, and without notice. You agree that you are solely responsible for any breach of your obligations under these Terms & Conditions and for the consequences (including any loss or damage which CaraGala may suffer) of any such breach. If we make material changes to these Terms & Conditions, we will give you notice of such changes by posting the revised Terms & Conditions with an updated posting date on the Website. By continuing to order our Products and Services or use the Website after these changes are posted, you agree to the revised Terms & Conditions. We encourage you to check the date of our Terms & Conditions whenever you visit the Website for any updates or changes since your last visit.
Electronic Communications. The communications between you and CaraGala use electronic means, whether you visit the Website or send CaraGala emails, or whether CaraGala posts notices on the Website or communications with you via email. For contractual purposes, you (1) consent to receive communications from CaraGala in an electronic form; and (2) agree that all Terms & Conditions, agreements, notices, disclosures, and other communications that CaraGala provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You understand and agree that CaraGala is not the manufacturer of the Products, and that CaraGala merely provides a venue through which the Products of third parties are sold to Buyers. As such, you hereby release CaraGala and its successors from claims, demands and any and all losses, damages, rights and actions of any kind, including personal injuries, death and property damage, that are either directly or indirectly related to or arises from your use of the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims demands, or any losses, damages, rights and actions of any kind, including personal injuries, death and property damage, for any unconscionable commercial practice of CaraGala or CaraGala’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
Assignment. These Terms & Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CaraGala’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
Choice of Language. These Terms & Conditions, and any contract between us, are only in the English language.
Notice. Where CaraGala requires that you provide an email address, you are responsible for providing CaraGala with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted under these Terms & Conditions, CaraGala’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to CaraGala at the address below. Such notice shall be deemed given when received by CaraGala by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the address below.
Waiver. Any waiver or failure to enforce any provision of these Terms & Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of these Terms & Conditions is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Entire Agreement. The Terms & Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Questions, Complaints and Claims. If you have any questions, complaints or claims with respect to the Website or Services, please contact us at:CaraGala LLC
14 Inverness Dr E, Ste F156
Englewood, Colorado 80112