Website Access and Usage Terms and Conditions
Effective as of: November 1, 2014
YOUR USE OF THIS WEBSITE (the “Site”) AND/OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”). YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT. Agrofruit Holding Corp. and/or its affiliates (collectively, “Agrofruit,” “we” or “us”) may modify the Terms as well as discontinue, withdraw, replace or change any content, products or services offered via the Site and may modify these Terms at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
I. USE OF SITE
The Site offers information regarding Agrofruit and its products (collectively, the “Agrofruit Products”). Agrofruit may remove, modify or otherwise discontinue providing any content at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without Agrofruit’s prior written consent.
As a condition of your use of the Site, you represent, warrant and covenant to Agrofruit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
- Use a robot, spider or other automated device, process or means to access the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
- Send false or misleading information.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is provided to or by you via the Site.
- Restrict or inhibit any other user from using and enjoying the Site.
- Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
Agrofruit shall have no obligation to monitor the usage of the Site. However, Agrofruit reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. Agrofruit reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. Agrofruit further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
II. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”). The Linked Sites and Framed Sites are not under Agrofruit’s control and Agrofruit is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. Agrofruit is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any personal or payment information you provide to any such Linked Site or Framed Site in connection with purchasing any Agrofruit Products or otherwise. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by Agrofruit of the Linked Site or Framed Site or any association with or its operators.
III. INFORMATION PROVIDED TO THE SITE
By registering, posting, uploading, inputting or otherwise submitting your contact information or other information to the Site, you grant to Agrofruit and its contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of Agrofruit Products to you, including contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing Agrofruit Products to you based on your expression of interest and request to be contacted. No compensation will be paid with respect to the use of such information. Said permission is transferable by Agrofruit to an acquirer in connection with a business or asset sale. Agrofruit is under no obligation to post or use any information you may provide and may remove any such information at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right. Always use caution when giving out any personally identifying information about yourself or your children via any website. Agrofruit does not control or endorse the content, messages or information found in any communication sent by you to the site or to you from any third party and, therefore, Agrofruit specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Agrofruit spokespersons, and their views do not necessarily reflect those of Agrofruit. When you visit this Site or send e-mails to Agrofruit, you are communicating with Agrofruit electronically, and by doing so, you consent to receive communications from Agrofruit electronically. Agrofruit may communicate with you by email or by other means. You agree that all agreements, notices, disclosures and other communications that Agrofruit provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that Agrofruit may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. Agrofruit reserves the right to disclose your personally identifiable Information to its successors-in-interest or in connection with a merger or acquisition transaction, or change of control.
IV. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of any user log-in/password information, and shall not allow any third party to use same.
Agrofruit does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site or with respect to any of the Agrofruit Products, and is not responsible for any errors or omissions in the content of this Site or any of the Agrofruit Products. Agrofruit shall have no liability for damages of any kind arising out of information on this Site. Agrofruit does not ensure that this Site is free of viruses or other harmful components.
AGROFRUIT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY AGROFRUIT PRODUCTS OR SERVICES PROVIDED VIA THE SITE FOR ANY PURPOSE. THE SITE AND ALL SUCH CONTENT AND AGROFRUIT PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AGROFRUIT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL AGROFRUIT PRODUCTS OR SERVICES AVAILABLE ON OR VIA THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AGROFRUIT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO ANY AGROFRUIT PRODUCTS OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF THE AGROFRUIT PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGROFRUIT OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ANY OF THE AGROFRUIT PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE AGROFRUIT PRODUCTS.
AGROFRUIT RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AND/OR AGROFRUIT PRODUCTS, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND AGROFRUIT WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
You agree to defend, hold harmless, release and indemnify Agrofruit and its affiliates from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or Agrofruit Products provided on or via this Site. You agree to and hereby release and hold Agrofruit and its affiliates harmless from any claims relating to any action taken by Agrofruit as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any Agrofruit Products. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Miami, Florida, U.S.A. in all disputes arising out of or relating to the use of the Site or the purchase or use of any Agrofruit Products, and agree that any dispute or claim raised or made by you against Agrofruit relating to the Site or with respect to any Agrofruit Products shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Use of the Site and any of the Agrofruit Products is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Agrofruit as a result of your agreement with these Terms or use of the Site or the purchase or use of any Agrofruit Products. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Agrofruit with respect to the Site and the information provided via the Site and the purchase or use of any Agrofruit Products, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Agrofruit with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
VII. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact Agrofruit via e-mail: ____________________.
When Agrofruit becomes aware of an alleged violation of these Terms, Agrofruit may initiate an investigation. Depending on the severity of the violation, Agrofruit may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, Agrofruit will notify the appropriate law enforcement agency of such violation.
VIII. COPYRIGHT AND TRADEMARK NOTICES
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the Agrofruit Products are the intellectual property of Agrofruit, its licensors and its suppliers. Copyright © 2014 Agrofruit Holding Corp. and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Agrofruit. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with Agrofruit, its licensors or its suppliers, as the case may be.
AGROFRUIT, AGROAMERICA, ONE, THE BETTER BANANA CO. and the ONE THE BETTER BANANA CO. logo are trademarks of Agrofruit Holding Corp. All rights not expressly granted herein are reserved. No interest or right to use any Agrofruit trademarks is acquired by purchasing any Agrofruit Products. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Agrofruit or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
X. CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to firstname.lastname@example.org and we will send back the Copyright Infringement Claims Procedure.