ESPECIAL FRUITS WEBSITE

TERMS & CONDITIONS OF USE

This Website is offered as a service to provide online access to information about Especial Fruits (the Company and the products and services provided to our customers).  These Terms of Use, together with applicable additional terms and conditions, govern your use of this Website (“Terms of Use”).

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.  IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

The Company, in its sole discretion, retains the right, at any time, to modify, suspend, or discontinue this Website or any service, Content, feature or product offered through this Website at any time.  You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website, or any service, Content, feature or product offered through this Website.  

Terms of Use Restricted

You understand and agree to use this Website and the information contained herein (no matter the nature of the information) (collectively “Content”), for non-commercial, personal purposes and for no other.  This means that you may only view or download Content from this Website for your own personal use.  You will recognize and respect the Company’s intellectual property rights in any Content.   The Company retains all intellectual property rights (including but not limited to copyrights, trademarks, tradenames and service marks) in this Website and grants the user no license to make any other use except as specifically authorized herein.   This Website and the Content provided are protected by U.S. and/or foreign copyright laws and belong to the Company and/or its partners, parents, affiliates, contributors or third parties.

Limitations on User Conduct

When accessing this Website the user will not do any of the following:

1. engage in any unlawful activity;  
2. compromise its security; 
3. impact the ability of others to access it;
4. damage it or its Content; or 
5. in any way interfere with the rights of other users or third parties.

Privacy Policy

The Company has established a Privacy Policy to guard your privacy.  It is hereby incorporated into these Terms and Conditions of Use.  Please review our Privacy Policy contained elsewhere in this Website.  It sets forth and governs how any information submitted to the Company through the Website is handled.  

Links to Other Websites

On occasion and as a convenience, our Website may contain links to other independent websites.  We take no responsibility for nor endorse the content on those websites.  Any use of a link to access another website will be subject to the terms of use of that website and its privacy policy.  This Company disclaims any responsibility for any activity you choose to engage in on another website.  

Links from Other Websites

The Company authorizes only a limited number of links to this Website, which are listed on the Website.  The Company attempts at all times to control access to the Website and may seek to eliminate or block any unauthorized links.  The Company takes no responsibility for content on other websites that may link to ours.

Supplied User Information

You are responsible for any information you provide through the Website.  You will only provide information to which you have a legal right and which is authorized and not violative of rights, scandalous, or libelous to any person or entity.   

Release of User Information

Subject to the Privacy Policy and its limitations, if you send information through the Website you are by such action agreeing to allow all rights in that information without limitation or compensation to make any use of that information it deems desirable.  

Disclaimer of Warranties and Representations

The Company disclaims all expressed warranties, implied warranties, warranties of merchantability, warranties of fitness for a particular purpose, representations, or endorsements of any kind with respect to this Website’s Content.  This includes to the full extent allowable the waiver of any warranties by statute or regulation.  All Content is provided as-is with no representation of the Content’s accuracy, completeness, or being virus free.  The laws of various jurisdictions around the world may make some content illegal; in such case, you access the Website solely at your risk.  

Disclaimer of Liability

As a condition of the use of this Website, all users waive and disclaim all liability for any direct, indirect, consequential, punitive, special, exemplary, incidental or other damages, whether in contract, tort or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use this Website or arising out of the Content or any errors or omissions in the Content, against the Company, its parents, partners, affiliated companies, business partners, licensors, employees or agents.  

Separate State Laws

To the extent that laws in a certain state apply to you which limit any of the above disclaimers of warranties or liabilities, then you might have more extensive rights.  In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law as to damages.  

Indemnification of Company

By using this Website, you and any entity you represent are legally and personally liable for your conduct while online.  You have agreed to indemnify, defend, and hold the Company, its parents, affiliated companies, business partners, licensors, employees, and agents harmless from and against any and all claims, damages of any kind or nature, costs and expenses (including attorneys’ fees), resulting from or arising out of your failure to comply with all these Terms and Conditions of Use.

Governing Law and Venue

The Company is headquartered in California, and this Website is administered in California.  User access to this Website is governed by all applicable federal, state and local laws.  By accessing the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and the Company.  You consent and agree that any legal matters that arise shall be venued in the appropriate courts within the State of California.  

Changes to Terms and Conditions of Use

The Company retains the right to modify these Terms and Conditions of Use at any time.  Due to this, to remain compliant you need to review them on a regular basis.  The Company will provide a date for the last time they were updated.  At all times, users will be bound by the most current Terms and Conditions of Use.  

Miscellaneous

The following additional provisions apply to these Terms and Conditions of Use:

1. 1. No Waiver.  The Company’s failure to enforce any provision herein shall not be deemed a waiver of such provision nor of the right to enforce such provision in the future.
   2. Partial Invalidity.  If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be void, invalid, or unenforceable, the remaining provisions of these Terms and Conditions of Use shall continue in full force and effect and shall not be invalidated.
   3. Construction.  These Terms and Conditions shall be construed according to their fair reading and not strictly against the author.  Any user agrees that it has read and understood fully the Terms and Conditions of Use. 

• Notices.  If any user has any questions, concerns or problems with the Website, it is their affirmative duty to contact the Company regarding such matters before taking any other actions regarding such matters.  The means for contacting the Company is contained on this Website.  

Last Updated: April 26, 2021