CARIWARE TERMS OF SERVICE

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES.

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using CariWare's website, online store, or any related services (collectively, the "Services"), you ("you" or "Customer") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and all policies incorporated by reference. If you do not agree to every provision of these Terms, you must immediately discontinue all use of the Services.

Your use of the Services constitutes your acceptance of these Terms. These Terms constitute a binding legal agreement between you and CariWare. If you are entering these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. ELIGIBILITY AND ACCOUNT

You represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity to enter into a binding contract; (c) your use of the Services does not violate any applicable law or regulation; and (d) all information you submit is truthful, accurate, current, and complete.

You are solely and entirely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must notify us immediately of any unauthorized account use. We are not liable for any loss or damage arising from your failure to maintain account security. You may not transfer, sell, or assign your account to any third party without our prior written consent, which we may withhold in our sole discretion.

3. PRODUCTS AND DESCRIPTIONS

CariWare makes commercially reasonable efforts to display products accurately. However:

•        Colors, textures, dimensions, and appearances may vary from on-screen representations due to device display settings.

•        Product descriptions, specifications, and availability are subject to change at any time without notice.

•        We do not warrant that product quality will meet your subjective expectations.

•        We reserve the right to limit quantities, discontinue products, or restrict sales to any person, geographic region, or jurisdiction at our sole discretion.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

4. ORDERS, ACCEPTANCE, AND CANCELLATION

All orders constitute an offer to purchase and are subject to our acceptance. We reserve the right to refuse, cancel, or limit any order for any reason, including without limitation: suspected fraud, errors in product or pricing information, unavailability, or concerns about export compliance. Our acceptance of your order occurs only upon our written confirmation and successful processing of payment.

Orders cannot be cancelled or modified after acceptance. You acknowledge and agree that CariWare shall have no liability to you arising from any order refusal, modification, or cancellation. You represent and warrant that all purchases are for personal or household use only and not for commercial resale, distribution, or export.

5. PRICING, PAYMENT, AND BILLING

All prices are in U.S. dollars and are subject to change without notice. Posted prices exclude applicable taxes, shipping, handling, customs, and import duties, which are your sole responsibility. The price charged will be the price displayed at the time your order is accepted.

You represent and warrant that: (i) all payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) all charges incurred will be honored by your financial institution; and (iv) you will promptly update payment information as needed.

Chargebacks and Disputes: Before initiating any payment dispute or chargeback, you agree to first contact CariWare at hello@cariware.com and provide us a reasonable opportunity to resolve the issue. Initiating a chargeback without first contacting us may result in immediate account termination and may constitute a breach of these Terms for which we may seek all available legal remedies, including recovery of costs and fees.

6. SHIPPING AND DELIVERY

All delivery estimates are non-binding and not guaranteed. Risk of loss and title for all products pass to you upon our transfer of the products to the carrier. We are not responsible for delays caused by carriers, customs processing, natural disasters, labor disputes, or any other circumstances beyond our control.

If a package is marked as delivered by the carrier but you claim non-receipt, you must notify us within 5 business days of the estimated delivery date. We will cooperate with carrier investigations but make no guarantee of replacement or refund where the carrier confirms delivery to the address you provided.

7. RETURNS AND REFUNDS

All sales are subject exclusively to our Refund Policy [LINK], which is incorporated into these Terms by reference. We reserve the right to refuse returns that do not comply with our Refund Policy in all respects. CariWare shall have sole discretion in determining whether a product qualifies for return or exchange.

Final Sale: Products marked as final sale, clearance, or non-returnable are not eligible for return, exchange, or refund under any circumstances.

8. INTELLECTUAL PROPERTY

All content, materials, trademarks, logos, trade names, trade dress, designs, text, graphics, images, video, audio, software, and all other elements of the Services (collectively, "Proprietary Materials") are owned by CariWare, its licensors, or its affiliates and are protected under U.S. and international intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, non-commercial purposes only. You must not:

•        Reproduce, copy, modify, adapt, translate, or create derivative works from any Proprietary Materials;

•        Distribute, sell, license, sublicense, or exploit any Proprietary Materials in any commercial manner;

•        Remove, alter, or obscure any copyright, trademark, or other proprietary notices;

•        Use any Proprietary Materials for any purpose not expressly authorized by these Terms.

Any unauthorized use of the Proprietary Materials may violate federal and state intellectual property laws and may result in civil and criminal penalties. CariWare aggressively enforces its intellectual property rights to the fullest extent of the law.

9. USER CONTENT AND FEEDBACK

By submitting any reviews, feedback, ideas, suggestions, photographs, or other content ("User Content") to CariWare, you hereby grant CariWare a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media now known or hereafter developed, for any purpose, including commercial purposes, without compensation to you.

You represent and warrant that: (a) you own or have all rights necessary to grant the above license; (b) your User Content does not infringe any third-party rights; (c) your User Content is truthful and accurate; and (d) you have disclosed any compensation or material connection in connection with any review or testimonial.

CariWare reserves the right, but has no obligation, to monitor, edit, or remove any User Content at any time and for any reason in its sole discretion, without notice or liability.

10. PROHIBITED USES

You agree not to use the Services to:

•        Engage in any unlawful, fraudulent, or harmful activity;

•        Violate any applicable law, regulation, or third-party rights;

•        Transmit any unsolicited commercial communications, spam, or malware;

•        Impersonate any person or entity or misrepresent your affiliation;

•        Collect or harvest personal data of other users;

•        Use any automated means, including bots, scrapers, crawlers, AI agents, or data extraction tools, to access, scrape, or interact with the Services without our express prior written consent;

•        Circumvent, disable, or interfere with any security or access-control features;

•        Engage in any activity that could damage, disable, overburden, or impair the Services or our infrastructure;

•        Purchase products for commercial resale, bulk purchasing, or export without our written authorization.

Violation of this section may result in immediate account termination, civil liability, and referral to appropriate law enforcement authorities.

11. AUTOMATED ACCESS AND AI AGENTS

The use of any software, script, bot, AI agent, autonomous tool, or other automated means to access, use, or interact with the Services ("Agent") is strictly prohibited without CariWare's prior written authorization. Any authorized Agent must:

•        Identify itself in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string;

•        Refrain from mimicking human behavior or circumventing CAPTCHAs or bot-detection measures;

•        Respond truthfully to any inquiry seeking to determine whether interactions originate from a human or an automated system;

•        Cease all access immediately upon receiving notice from CariWare to do so.

CariWare reserves the right to implement technical measures to block, limit, or terminate any unauthorized automated access without notice or liability.

12. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. CARIWARE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARIWARE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARIWARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CARIWARE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CARIWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CARIWARE AND APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CariWare, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any law or the rights of any third party; or (e) any product purchased by you through the Services.

CariWare reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with our defense of such claims.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

15.1 Informal Resolution. Before filing any formal dispute, you agree to first contact CariWare at hello@cariware.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Both parties agree to negotiate in good faith during this period.

15.2 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitrator shall have exclusive authority to resolve all disputes, including disputes as to the scope or enforceability of this arbitration agreement.

15.3 Waiver of Class Actions and Jury Trial. YOU AND CARIWARE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.

15.4 Arbitration Procedure. Arbitration shall be conducted in the county of CariWare's principal place of business, or by telephone or written submission if mutually agreed. The AAA's filing fees shall be governed by its Consumer Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.5 Exception for Small Claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction, provided the action remains on an individual basis.

15.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice to hello@cariware.com within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

16. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State in which CariWare is headquartered, without regard to conflict-of-law principles. For any matters not subject to arbitration under Section 15, you and CariWare consent to the exclusive personal jurisdiction and venue of the state and federal courts located in CariWare's headquarter jurisdiction.

17. THIRD-PARTY SERVICES, TOOLS, AND LINKS

The Services may contain links to or integrations with third-party websites, tools, or services. CariWare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to those third parties' terms.

Shopify provides the e-commerce platform that powers our store. All transactions are made directly with CariWare. Shopify is not a party to any sales transaction and bears no responsibility for any purchases, products, or related claims.

18. PRIVACY

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

19. TERMINATION

CariWare may suspend, disable, or terminate your access to the Services, in whole or in part, at any time and for any reason, including without limitation your violation of these Terms, with or without notice and without liability to you. Upon termination, you remain liable for all amounts owed and all provisions that by their nature should survive termination shall survive, including without limitation Sections 8, 9, 12, 13, 14, 15, 16, and 19.

20. GENERAL PROVISIONS

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CariWare and supersede all prior communications and agreements.

Severability. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

No Waiver. CariWare's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. CariWare may assign these Terms freely without restriction.

Force Majeure. CariWare shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, supply chain disruptions, pandemics, or carrier failures.

Changes to Terms. We reserve the right to modify these Terms at any time. Material changes will be communicated in accordance with applicable law. Your continued use of the Services after any modification constitutes your acceptance of the updated Terms.

Headings. Section headings are for convenience only and have no legal effect.

21. CONTACT INFORMATION

For questions regarding these Terms, please contact us:

CariWare

Email: hello@cariware.com