Terms of Service
ESPECIAL FRUITS WEBSITE
TERMS & CONDITIONS OF USE
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.
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:
- engage in any unlawful activity;
- compromise its security;
- impact the ability of others to access it;
- damage it or its Content; or
- in any way interfere with the rights of other users or third parties.
Links to Other Websites
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
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.
The following additional provisions apply to these Terms and Conditions of Use:
- 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.
- 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.
- 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