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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH CONSTITUTE AN ENFORCEABLE AGREEMENT BETWEEN YOU AND KARIGAM (“WE”). DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use ("Terms") apply to your access to, and use of, this website (the "Site"). These Terms are separated into two parts: Part One applies to all users, while Part Two applies only to users who make a purchase through this Site.

We reserve the right to change or modify these Terms at any time and in its sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Site or updating the date at the bottom of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Site. We encourage you to frequently review the Terms to ensure you understand and can comply with them.

If you have any questions or comments regarding the use of the Site or its content, please contact us at: inquiries@karigam.com.

 

Part One – Terms for All Site Users

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and share information about our users.

 

2. Eligibility, Registration and Account

The Site is not targeted toward, nor intended for use by, children under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You further represent and warrant that you have full power and authority to enter into this agreement.

In consideration of your use of this Site, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of any password you may select or be assigned and accept all risks of unauthorized access to your account and the information you provide us; and (iv) promptly notify us if you discover or otherwise suspect any security breaches related to this Site.

 

3. Ownership of Site Content

The Site and all content and materials therein, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Karigam or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive license to electronically copy and print hard copy portions of the Content solely and exclusively for your informational, noncommercial and personal use. Any other use of the Content is prohibited and may violate applicable laws, including copyright and trademark laws. Nothing in these Terms shall be construed as conferring any license to intellectual property rights other than as expressly set forth above. This license is revocable at any time at our sole option and discretion.

  

4. Copyright Complaints

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the content;

  1. (d)  Information reasonably sufficient to permit us to contact the complaining party;

  2. (e)  A statement that the complaining party has a good faith belief that the use of the content

in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact our Copyright Agent at: Karina Gamez at copyright@karigam.com.

 

5. Trademarks

“Karigam” and other Karigam product names, marks, logos or slogans that may appear on the Site are trademarks of Karigam and may not be used without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is our proprietary trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos referenced in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Karigam. If you believe that anything on the Site infringes upon any trademark which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4 above.

 

6. Hyperlinks

We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

7. User Content and Interactive Features or Areas

The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly-viewable. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Site, we reserve the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice.

Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ours systems and customers or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content.

 

8. Rights in User Content and Feedback

By submitting or posting User Content on the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (e.g., you cannot delete your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Site, you represent and warrant that: (i) such User Content is non- confidential; (ii) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to us that you grant in these Terms; (iii) the User Content is accurate and not misleading or harmful in any manner; and (iv) the User Content, and your use and posting thereof in connection with the Site, do not and will not violate these Terms or any applicable law, rule or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, Karigam or our products that are provided by you, whether by email, posting to the Site or otherwise ("Feedback"), are non-confidential and shall become the sole property of Karigam. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

9. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

We are not responsible or liable for the conduct of, or your interactions with, users of the Site or for any associated loss, damage, injury or harm. Although we have no obligation to monitor any user conduct on the Site, we reserve the right and have absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

10. Indemnification

You agree to defend, indemnify and hold harmless Karigam, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (i) your use of the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (iii) any Feedback you provide; (iv) your violation of these Terms; (v) your violation of any rights of another; or (vi) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

 

11. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SITE, CONTENT, USER CONTENT AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE (COLLECTIVELY, "KARIGAM SITE") ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. KARIGAM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (II) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. KARIGAM DOES NOT REPRESENT OR W ARRANT THA T THE KARIGAM SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KARIGAM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

12. Limitation of Liability

IN NO EVENT SHALL KARIGAM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE KARIGAM SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KARIGAM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KARIGAM FOR ACCESS TO OR USE OF THE KARIGAM SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

13. Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, we reserves the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.

 

14. Miscellaneous

These Terms and your use of the Site and purchase of any products via the Site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York City and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Part Two – Terms for Users Making Purchases

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT THROUGH THE SITE.

 

1. Pricing and Availability

Except where otherwise noted, all prices are shown in U.S. dollars; taxes, shipping and handling charges are additional, and you shall be responsible for the payment of all taxes or other assessments that apply to purchases made through the Site or otherwise (excluding Karigam’s income tax on such purchases), including international duties, as well as for all such shipping and additional handling charges. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Site are also available in our retail stores while supplies last, but you should not assume that what you see on the Site can always be seen in our stores. Prices displayed on the Site may vary from those in the store or from store-advertised prices.

 

2. Errors

We attempt to be as accurate as possible and eliminate errors on the Site. However, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

 

3. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

 

4. Shipping & Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

 

5. Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

 

6. Returns and Exchanges

Karigam has a 100% Satisfaction Guarantee. Whether you made your purchase through the Site, at any Karigam store or through phone/mail order, you may return or exchange it by mail or at any of our retail locations as provided in the 100% Satisfaction Guarantee, subject to any contrary terms imposed on your purchase (e.g., some of our "close out" items say "no return" or the like) and provided that (i) all returns are made within seven (7) days of your purchase of the product or receipt of the product if ordered online, and (ii) you follow the instructions on the Site. General returns information and instructions can be found at us http://www.karigam.com.

Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help us locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

If you believe a product sold by Karigam has a condition or defect that might make it unsafe, please report this safety concern immediately by sending an email to: complaints@karigam.com

 

7. Complaints and Legal Notices

All complaints and legal notices should be emailed to complaints@karigam.com. If a law requires us to accept legal notices via email, call us at the phone number that appears on the Site to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210(800) 952-5210 FREE.

 

8. Limited Warranty

KARIGAM WARRANTS THAT KARIGAM BRANDED PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND KARIGAM WORKMANSHIP AT THE TIME OF SALE. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND TEAR, ACCIDENT, ABUSE, NEGLECT, IMPROPER STORAGE OR HANDLING, MISUSE, VANDALISM, ACTS OF GOD, OR OTHER CAUSES EXTERNAL TO THE PRODUCT. KARIGAM MAKES NO OTHER EXPRESS WARRANTIES AND THIS WARRANTY SUPERSEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS REGARDING THE PRODUCTS, INCLUDING ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Manufacturers of non-Karigam branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned or service fees refunded in accordance with our returns and exchanges policy (see http://www.karigam.com). This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.

 

9. Exclusivity of Remedy; Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY, AND KARIGAM’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE KARIGAM RETURNS AND EXCHANGES POLICY. IN NO EVENT SHALL KARIGAM BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF KARIGAM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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