Terms of Use

Welcome to the Caracal USA, LLC website.

Caracal USA (“Caracal,” “we,” “us,” or “our”) provides the information, text, data, graphics, charts, images, analyses, discussions, and other materials displayed on our website (the “Content”) solely for informational purposes.

THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF CARACAL’S WEBSITE.  PLEASE READ CAREFULLY. 

These terms and conditions are subject to change at any time at Caracal’s discretion.  By accessing, visiting and using Caracal’s website, you agree to these terms and conditions and any subsequent revisions thereto. You also agree to Caracal’s Privacy Policy which governs Caracal’s use of your personal information.
  
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR CARACAL’S PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE CARACAL’S WEBSITE.

Eligibility For Use/ User’s Representations
You must be 13 years of age or older to access, visit, and use this website.  You represent that you are at least 13 years of ageand that you have the legal right to use this website, to enter into this agreement, and to be bound by the these terms and conditions for use of our website.  You agree that you will use our website only for personal, noncommercial, informational, and lawful purposes.

The Content contained in our website may comprise copyrightable and proprietary subject matter owned by Caracal or third parties.  You agree not to copy, reproduce, amend, modify, publish, distribute, broadcast, or create derivative works from the Content without prior written permission.

Right and License to Use Caracal’s Website
Caracal grants to you the right and license to use our website subject to the terms and conditions for use set forth herein.  Permission is granted for you to view, print, or download information on the website that is made available by Caracal for public viewing, printing or downloading.  Use of certain Content contained in the website may be subject to further limitations, restrictions, permissions, consents, and/or requirements as specified, and you agree to comply with all such requirements as a condition for accessing and use of that Content.  Caracal has the right to cancel, revoke, or terminate your right and license to use our website in whole or in part at any time in its sole discretion. Your right and license to use our website shall automatically terminate should you breach any of these terms and conditions for use.

Revisions and Modifications to Website
Caracal has the right at any time, for any reason and in its sole discretion to take down, interrupt, discontinue, alter, amend or modify its website in whole or in part or terminate or limit your use of the website without notice.  Caracal shall have no liability to you whatsoever in connection with such actions or the availability of our website.

The Content may contain errors or omissions.  In the event that you are dissatisfied in any respect with the Content or Caracal’s website, your exclusive remedy shall be discontinuance of use of our website.  Caracal shall have no liability in connection with any such errors or omissions.

Third-Party Information, Products, Services and Websites
Our website may contain information about and advertisements for third-party businesses, products and services, hyperlinks to third-party sites and/or information or material authored by third-parties.  This is provided solely as an informational service to users.  Caracal does not sponsor, endorse, or recommend any such third party business, products, services, or websites.  Caracal has no responsibility or liability in connection with your use or any third party material or information, or access to any third party website.  It is your responsibility to determine the bona fides of all such third parties and the advisability of accessing their websites and/or dealing with them.
 
User Communications
Caracal may provide a media for the exchange of user communications in the nature of an electronic bulletin board, chat room, special interest forum, blog, or other social media. Users agree not to post any communication or material that is unlawful, false, libelous, scandalous, defamatory, obscene, inappropriate, deceptive, or commercial in nature, or which infringes the intellectual property rights or other rights of any third party, or is unrelated to the nature of the discussion or the purpose for the media. Caracal shall have no obligation or responsibility to verify the accuracy of, review, or monitor the substance of the user communications. However, Caracal may, in its sole discretion, refuse, or remove any communication in any such media at any time for non compliance with the foregoing. You consent to the use by Caracal for any lawful purpose of any material that you posted on its user communications media, without compensation or further consent.. In the event that you believe that any user communication violates the foregoing requirements, you may contact Caracal at info@caracal-usa.com

Please identify the noncomplying material with specificity and provide in detail the basis for the charge of noncompliance. Caracal may retain or remove the accused communication in its sole discretion.

Any communications or materials provided by you to Caracal, including ideas, concepts, know-how, technical materials, procedures, processes, inquiries, comments, suggestions, analyses, graphics, opinion, feedback, etc., shall not be deemed to be confidential or proprietary and you agree that Caracal may, in its sole discretion, copy, publish, use, distribute, broadcast, display and/or create derivative works from such communications and materials without limitation and without compensation or further consent.

Privacy and Security of User Information
Caracal takes reasonable and appropriate steps to maintain the privacy and security of user information but cannot guarantee the security of such information in all contexts.  Except as required by law, Caracal assumes no responsibility or liability for disclosure or release of personal information.  Users are solely responsible for the security of their passwords or other access keys.  Caracal assumes no responsibility or obligation for maintaining any information provided by users.  Please see Caracal’s Privacy Policy.

Disclaimer Of Warranties
Although Caracal takes reasonable and appropriate steps to provide accurate, complete and useful Content, we cannot and do not guarantee that the Content is accurate, complete, free from error, accessible, appropriate, reliable, or timely.  The Content  is for your personal noncommercial use as an informational service only and should not be relied upon in lieu of or as a substitute for professional advice directed to your specific interest, need, or circumstance.

THE WEBSITE IS PROVIDED “AS IS” WITH ANY AND ALL ERRORS OR DEFICIENCIES, AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND.  USERS ACCESS AND USE OUR WEBSITE AT THEIR SOLE RISK.  CARACAL EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL WARRANTIES PERTAINING TO OUR WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM CUSTOM AND PRACTICE.  CARACAL DOES NOT GUARANTEE OR WARRANT THAT OUR WEBSITE WILL MEET ANY USER’S PARTICULAR NEEDS, THAT ACCESS WILL BE UNINTERRUPTED, THAT CONTENT IS ERROR FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE, RELIABLE, COMPLETE OR TIMELY. CARACAL DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY THIRD-PARTY OR THIRD PARTY WEBSITE.

Content includes information, analyses, views, and opinions Caracal believes to be appropriate for  publication. CARACAL DOES NOT GIVE PROFESSIONAL ADVICE VIA OUR WEBSITE.

Disclaimer Of Liability
BY USING CARACAL’S WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT  NEITHER CARACAL NOR ANY OF ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR ANY OTHER THEORY OF LIABILITY, STATUTE OR REGULATION.  UNDER NO CIRCUMSTANCE WILL CARACAL BE RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMITTED FROM OUR WEBSITE, FOR ANY USER'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT CORRECT, CURRENT OR COMPLETE, OR FOR THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF OUR WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CARACAL IS PROVIDING ACCESS TO OUR WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE.  IN NO EVENT SHALL CARACAL’S LIABILITY TO USER EXCEED ANY FEES ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Caracal’s Intellectual Property Rights
The Content displayed on our website and our website's design, code, technology, processes and related materials are owned exclusively by Caracal or its contributors or licensors, and are protected by U.S. and international copyright, patent, trade secret, trademark, trade dress and other intellectual property laws. You have not been granted and do not have any right or title in and to our Content or our website other than the right to access and use the Content and website as set forth in these terms and conditions for use of Caracal's website. You acknowledge and agree that you will not copy, reproduce, distribute, broadcast, use, or create derivative works from the Content or our website, in whole or in part, or access or attempt to access any of our processes, programs, data, code, underlying technology, or content that is not made available to the public or other than for its intended purpose.

You shall not place links to our website on other sites absent our prior express written consent. Data mining, harvesting or similar collection of email addresses or other information on our website is prohibited.

The trademarks displayed on our website are trademarks of Caracal or third parties and may not be used without the prior express written consent of the trademark owner.

If you believe that any Content or other material on our website violates your rights or the rights of others, please send a detailed notice of the violation notice to us at the following address: CARACAL USA, LLC. ,6051 W. Corporal Lane. Boise, ID 83704. The matter shall be considered and resolved in the sole discretion of Caracal.

Choice of Law
These terms and conditions for the use of our website and any and all disputes related to or in connection therewith are subject to and shall be governed exclusively by the laws of the United States and the State of [Idaho] as applied to contracts entered into in [Idaho] between [Idaho] residents without regard to the state’s rules concerning choice of law.  You hereby expressly consent and agree to exclusive jurisdiction and venue in [in State of Idaho] with respect to any litigation arising out of or relating to these terms and conditions for use of our website.  Caracal may bring an action to enforce our rights in any forum having jurisdiction.

Indemnification
In the event that Caracal is required to incur any attorneys’ fees, costs or other expenses in connection with enforcing or defending our rights under these terms and conditions, you shall reimburse us for such attorneys’ fees, costs and expenses.  You agree to indemnify Caracal against any and all claims, actions, costs and expenses, including attorneys’ fees, arising from, or in any way related to, your use of our website or breach of these terms and conditions.

Severability
If any provision of these terms and conditions is held to be unlawful, void, invalid or unenforceable for any reason, that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.  In such event, the remainder of these terms and conditions shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. 

Amendments and Modifications
Caracal may amend and modify these terms and conditions from time to time by posting changes on our website.  You agree to review these terms and conditions prior to your use of our website and to comply with any revisions.  Any use of the website after our posting of any such changes shall constitute your acceptance.

Reservation of Rights
Any rights not expressly granted to you in are reserved by Caracal.