TERMS OF USE

Welcome to caprafoods.com. This web site, any related subdomains, microsites and the Capra Foods mobile web site (collectively, the “Site”), is operated by Capra Foods LLC (“Capra Foods”) as a service to our customers on behalf of Capra Foods and its affiliates. These Terms of Use govern your use of this Site. Your use of the Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.

THESE TERMS OF USE APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY EMAIL, BY FAX, BY TELEPHONE, IN PERSON, OR BY ANY MEANS OF TRANSMISSION.

Capra Foods may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. Capra Foods recommends you review these Terms of Use each time you visit the Site.

Use of the Site

All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Content”), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Capra Foods.

Capra Foods may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Capra Foods also reserves the right to block or deny access to the Site to anyone at any time for any reason.

Copyrights and Trademarks

“Capra” is a registered trademark of Capra Foods and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Capra Foods, one of its affiliates, or by third parties who have licensed their intellectual property to Capra Foods, and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site. Capra Foods and its affiliates and licensors expressly reserve all intellectual property rights in all Content. Capra Foods has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords may constitute trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.

Comments and Feedback

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Capra Foods on or by the Site or otherwise disclosed, submitted or offered to Capra Foods (collectively, “Comments”) shall be and remain Capra Foods’ property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Capra Foods of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Capra Foods is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Capra Foods will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Prohibited Uses

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. Capra Foods will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” or “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Privacy and Your Information

We collect personal information about you. We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we use, share and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms of Use. By entering into this agreement you agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.

Disclaimer of Warranty

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CAPRA FOODS NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANTS THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER CAPRA FOODS NOR ITS ASSOCIATES WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, CAPRA FOODS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. CAPRA FOODS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CAPRA FOODS OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPRA FOODS OR ITS ASSOCIATES BE LIABLE OR RESPONSIBLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CAPRA FOODS AND ITS ASSOCIATES FOR, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, YOUR USE OF THIS SITE, OR THE CONTENT ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES WILL CAPRA FOODS OR ITS ASSOCIATES BE LIABLE OR RESPONSIBLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CAPRA FOODS AND ITS ASSOCIATES FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO CAPRA FOODS’ OR ITS ASSOCIATES’ PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OR WAIVERS OF LIABILITY, THESE WAIVERS MAY NOT APPLY TO YOU OR MAY NOT FULLY APPLY TO YOU; IN SUCH EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT CAPRA FOODS’ AND ITS ASSOCIATES’ aggregate liability for any and all causes of action asserted with respect to its provision of the Site and ALL PRODUCTS OR SERVICES OBTAINED BY YOU thereon (under any and all theories whatsoever) shall not exceed the sum of the amounts actually paid by you to CAPRA FOODS as consideration for your access to the site OR FOR SUCH PRODUCTS OR SERVICES.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

CAPRA FOODS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE CAPRA FOODS and its ASSOCIATES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

You may have additional rights under certain laws (including consumer laws) which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you or may not fully apply to you.

Disputes and Arbitration

We hope to make you a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us.

You Agree to Provide Capra Foods an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against Capra Foods or its Associates for any claims, including claims related in any way to Capra Foods’ products, these Terms of Use, billing, privacy, advertising, or Capra Foods’ or its Associates’ communications with you, you must first send a written description of your claim to: Capra Foods LLC, 5760 Legacy Drive
Suite B3-318 Plano, Texas 75024, Attn: Legal Department, and you must allow Capra Foods a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and Capra Foods agree to negotiate in good faith with each other to try to resolve your claim. If you and Capra Foods do not reach a resolution of your dispute within sixty (60) days after Capra Foods receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court.
Arbitration. You and Capra Foods agree to arbitrate all disputes between the parties in Dallas, Texas, except as provided in this subsection (b). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to extremely limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, regardless of when the facts underlying such dispute occurred or allegedly occurred. For purposes of this arbitration provision, references to “Capra Foods” “you,” and “us” includes our respective Associates. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Notwithstanding the arbitration agreement set forth in the prior paragraph, if you fail to pay in full any amounts you owe when they are due, Capra Foods may assign your account for collection, and Capra Foods and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms. Capra Foods disclaims any and all liability, and you relieve Capra Foods from any and all liability, with respect to the conduct of any such collection agency. In addition, Capra Foods may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of Capra Foods or of any third party. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and Capra Foods is proper, in which case you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE (THE “OPT-OUT DEADLINE”). You may opt out by writing to us at either of the following addresses:

Capra Foods LLC5760 Legacy Drive
Suite B3-318
Plano, Texas 75024Attn: Legal Departmentinfo@caprafoods.com

Either you or Capra Foods may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration (“Demand”). If you start the arbitration, you must send the Demand to Capra Foods, attn.: Legal Department, 5760 Legacy Drive Suite B3-318 Plano, Texas 75024. The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought. The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by these Terms of Use, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion sufficient to explain the essential findings and conclusions on which the decision is based.

Upon you or Capra Foods filing an arbitration demand, the AAA rules will govern the payment of all filing, administration, and arbitrator fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless Capra Foods and you agree otherwise in writing, any arbitration hearings will take place in Dallas County, Texas.

One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the food industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected in accordance with the AAA Rules. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

You or Capra Foods must bring any claim arising out of or related to these Terms or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent the law applicable under subsection (c) of these Terms of Use makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the State whose laws govern these Terms under subsection (c) shall apply.

YOU AND CAPRA FOODS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR CAPRA FOODS SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. CAPRA FOODS DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SUBSECTION (b), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND CAPRA FOODS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

Governing Law. These Terms, and any disputes arising between you and Capra Foods related in any way to these Terms of Use or Capra Foods products, including but not limited to disputes over billing, service, privacy, advertising, or Capra Foods’ or its Associates’ communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Texas, without regard to choice of law principles.

Pricing and Product Information

Capra Foods will confirm the price of items selected after you place your order. While Capra Foods strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Photos are exemplary of product advertised. Capra Foods reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Capra Foods shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Capra Foods will issue a credit to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.

Prices and availability of products offered by Capra Foods are subject to change without notice. When the base quantity of an item refers to a price per “person”, “serving”, or “feeds”, the amount is based on estimates, not FDA guidelines for nutritional value disclosure purposes.

Unless otherwise noted, prices do not include shipping costs or applicable taxes.

Using Gift Cards

Gift cards are issued by Capra Foods and are subject to the terms and conditions listed on each card. The Gift Cards do not expire and any remaining balance can be used for future purchases.

Capra Foods reserves the right to reject any Gift Cards at its own discretion for any reason. Proof of purchase, an image or copy of the physical Gift Card or electronic Gift Card in your possession, and an image or copy of a governmental-issued I.D. may be required before an order will be processed and shipped.

Capra Foods will not accept any Gift Card, or will limit use of any Gift Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Capra Foods has no liability to you for any third party fraud or unlawful activity associated with any Gift Card balance. If Capra Foods discovers that any Gift Card or Gift Card balance was sourced or derived from fraud or other unlawful activity, it may be suspended or terminated. We may cancel the Gift Card, and retain any balance, at any time without notice. We may use retained Gift Card balances to help offset any losses or liability associated with misuse.

Gift Cards, in either physical or electronic form, are the property of Capra Foods. Capra Foods is under no obligation to authorize partial or full reimbursement of the Gift Card funds if misused. Capra Foods, at its sole discretion, may condition reimbursement upon proof of purchase.

Validating Your Order

After you place an order at the Site using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Capra Foods reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations

While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.

Capra Foods may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.

Shipping

All orders placed on this Site are subject to product availability and will be shipped according to Capra Foods shipping policies.

Termination of Use

Capra Foods may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.

DMCA Notice

If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the designated agent of Capra Foods identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to the following designated agent of Capra Foods:

Capra Foods LLC

5760 Legacy Drive
Suite B3-318
Plano, Texas 75024

Attn. Legal Department

Or e-mail: info@caprafoods.com

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

Indemnification

You agree to defend, indemnify, and hold Capra Foods and its Associates, and their respective directors, managers, officers, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your violation of these Terms of Use or your posting or transmission of any materials on or through the Site.

No Waiver

If we do not enforce our rights under this agreement in one instance, that does not mean we will not or cannot enforce those rights in any other instance.

Severability

If any provision of these Terms is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Relationship of the Parties

Nothing contained in these Terms or your use of this Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement

These Terms constitute the entire agreement between you and Capra Foods and governs the terms and conditions of your use of this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Capra Foods with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use this Site. The captions to each section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof. Given the scope of Capra Foods’ products and services, it may need to adopt supplemental terms and conditions for certain specific additional products and services. Any such supplemental terms and conditions will be available in connection with the associated additional products services, and will be automatically incorporated into your agreement with Capra Foods if you obtain or use those products or services. In the event of any conflict or contradiction between any term or provision of these Terms and any term or provision of any such supplemental terms and conditions, the terms and provisions of such supplemental terms and conditions will control and prevail with respect to your use of such additional products or services.

Last Updated: April 26, 2020