This Web site, currently located at www.FreeFruitsFelivery.com, (collectively, the
“Site”) is provided by “us,” “our,” or “we”). The terms and conditions set forth in
this terms of use notice (“Terms of Use”) shall govern and apply to your
visit to and use of the Site. By using the Site, you agree to be bound
by these Terms of Use. If you do not agree to these Terms of Use, in
whole or in part, please do not use this Site.
General
We
reserve the right to change or discontinue any content or feature of
the Site, or impose, change, or modify the terms and conditions of these
Terms of Use. Depending on the nature of the change, we will either
announce the change (1) on the home page of the Site, (2) provide such
notice via e-mail to Members (defined below), customers, and others who
provide us with their e-mail address, or (3) take such other action as
we deem appropriate under the circumstances. By continuing to use the
Site following an announcement of any change, you will be deemed to have
agreed to such change. You agree to review these Terms of Use
periodically to be aware of such changes or revisions.
Membership
In
order to better utilize the Site and to make it easier for our
customers we encourage you register and become a member of the Site. If
and when you decide to become a Member, you agree to (1) provide
accurate, current, and complete information about yourself as prompted
by the appropriate registration form, (2) maintain and update your
information to keep it accurate, current, and complete, and (3) comply
with these Terms of Use.
As
part of the membership sign in process, you will be asked to select a
Member Name and password. You may not choose a Member Name that
impersonates someone else, is or may be illegal, is or may be protected
by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion. We reserve the right to reject any
Member Name in our sole discretion. You agree not to transfer or resell
your use of or access to the Site or permit anyone else whose account or
membership was suspended or terminated to use the Site through your
account, Member Name or password. If you have reason to believe that
your password is no longer secure, you must promptly change your
password by updating your member information, and immediately notify us.
You are solely responsible for maintaining the confidentiality of your
Member Name and password for all activities (including purchases) that
are conducted through your account.
Site Conduct
The
Site is intended to be used for lawful purposes only. You may have the
opportunity to post, transmit or otherwise make available information,
opinions, ideas, images or other content on the Site. You may not post
or transmit any material or content on the Site that violates or
infringes in any way upon the rights of others or solicits, encourages,
or promotes the use of illegal substances or activities, which is
unlawful, threatening, abusive, harassing, defamatory, libelous,
derogatory, invasive of privacy or publicity rights, vulgar, obscene,
bigoted or hateful, profane, scandalous, pornographic, indecent or
otherwise objectionable, gives rise to civil or criminal liability or
otherwise violates any local, state, or federal law. In addition, you
may not engage in any activity on the Site that restricts or inhibits
any other user from using or enjoying the Site by means of “hacking,”
“cracking,” “spoofing,” or defacing any portion of the Site. You may not
transmit through the site software
or other materials that contain so-called viruses, worms, time bombs,
Trojan horses, or other harmful or disruptive component; political
campaign materials; chain letters; mass mailings; spam mail; material
protected by copyright, trademark or any other proprietary right; any
robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, “data mine,” or in any
way reproduce or circumvent the navigational structure or presentation
of the Site or their contents; or posts that express or imply that any
statements you make are endorsed by us, without our prior written
consent. Additionally, you may not harvest or collect information about
Site visitors or Members without their express consent.
This
Site and the contents of the Site are intended for your personal,
noncommercial use. The Site contains copyrighted material, including,
without limitation, text, software, photos, audio and video clips,
graphics, illustrations, images, logos, and music and sound
(collectively, the “Site Content”). This Site is protected by copyright
as a collective work, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. Fruits to Remember and third
party content providers also own copyrights in the content original to
it. You may not modify, publish, adapt, transmit, participate in the
transfer or sale, exhibit, distribute, display, reverse engineer,
decompile, dissemble, perform, reproduce, create derivative works from,
or in any way exploit any of the Site Content, in whole or in part. You
may download or copy one copy of the Site Content for personal,
noncommercial use only, provided that no changes in or deletion of
author attribution, trademark, legend, copyright notice, or other
proprietary notices shall be made. Downloading or copying Site Content
for other than personal, noncommercial use is expressly prohibited
without the prior written permission of us or any other copyright owner.
You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material. Notwithstanding the foregoing, you may
not download or copy any of the product listings, descriptions, or
prices, nor may you frame or utilize framing techniques to enclose any
trademark, logo, or copyrighted material from the Site or use any meta
tags or any other hidden text utilizing our names or trademarks, without
our express written consent.
You
shall be solely responsible and liable for any and all damages
resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from any uploading, posting or submission of
your content on the Site.
Copyright Infringement Claims
If
you believe that any material or content posted on the Site constitutes
copyright infringement, please forward the following information to the
Fruits to Remember: Your address, telephone number, and email address, a
description of the copyrighted work that you claim has been infringed, A
description of where the alleged infringing material is located, a
statement by you that you have a good faith belief that the disputed use
is not authorized by you, the copyright owner, its agent, or the law,
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; and 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.
License; Submissions
Please
note that, because we or third party host Share and other forums on the
Site and therefore redistribute materials you give us, we need to
obtain certain rights in those materials. You hereby grant to us a
royalty-free, perpetual, sub-licensable, irrevocable, assignable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, digitally
perform, publicly perform and display any content, material and/or your
name posted on the Site (collectively, the “Material”), (in whole or in
part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or later developed, for any purpose
whatsoever, commercial or otherwise, without compensation to or prior
approval by you. By submitting or sending Material to the Site you
represent and warrant that (1) the Material is original to you, (2) no
other party has any rights to the Material, and (3) the Material is not
subject to any obligation, whether of confidentiality, attribution or
otherwise, on our part and we shall not be liable for any use or
disclosure of any Material. You also warrant that any “moral rights” in
posted materials have been waived.
Third-Party Content
The
Site may contains content supplied by parties other than us. Any
opinions, advice, judgments, statements, services, offers, or other
information or content expressed or made available by such third
parties, including information providers, are those of the respective
author(s) or distributor(s) and not of us. Neither we nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. Your use of certain services on the
Site may be governed by additional rules, which shall be available on
the Site. By using any service you acknowledge that you have reviewed
all corresponding rules and agree to be bound by them.
Third Party Sites
You
acknowledge and agree that we have no responsibility for the accuracy
or availability of information provided by Web sites to which you may
link from this Site (“Linked Sites”). Links to Linked Sites do not
constitute an endorsement by or association with us of such sites or the
content, products, advertising or other materials presented on such
sites. We do not author, edit, or monitor these Linked Sites. You
acknowledge and agree that we are not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or
services available on such Linked Sites.
Product Descriptions
While
we, and our affiliates, attempt to provide accurate information on the
Site, we do not warrant that product descriptions or other content on
this Site will be accurate, complete, reliable, current, or error-free.
Your sole remedy for the purchase of any product on the Site is to
return it for a full or partial refund as set forth in the shipping
contract governing such purchase.
Disclaimer of Warranty; Limitation of Liability
You
understand and agree that your use of the site is at your sole risk.
the site and the related services are provided on an “as is”, “as
available” basis without warranties or representations of any kind,
either express or implied, including but not limited to warranties of
title, non-infringement, or implied warranties of merchantability or
fitness for a particular purpose, other than those warranties which are
implied by and incapable of exclusion under law. You specifically
acknowledge that Fruits to Remember, its subsidiaries, affiliates,
suppliers, advertisers, sponsors, third party service providers, and
their respective employees, officers, directors, and agents, shall not
be responsible or liable to you or any third party for any direct,
indirect, incidental, special, punitive, or consequential damages or
injury arising out of the use of or inability to use the site or out of
the breach of any warranty, or caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to and/or alteration of the site,
whether for breach of contract, tortuous behavior, negligence, or under
any other cause of action even if Fruits to Remember or such party has
been advised of the possibility of such damages. Under no circumstances
will Fruits to Remember be liable for any loss or damage caused by your
use or reliance on information obtained through the content and/or any
postings on the site.
Indemnification
You
agree to defend, indemnify, and hold harmless Fruits to Remember, its
affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors, licensees, and agents
from and against all claims, damages, losses, costs and expenses,
including reasonable attorneys' fees, arising out of a breach of these
Terms of Use by you and/or your activities in connection with the Site
or any services related to the Site. We may participate in the defense
of any claim at its own cost. You shall not settle any claim that
affects us without our prior written approval.
Termination
Your
only right with respect to any dissatisfaction with (1) these Terms of
Use, (2) any policy or practice of ours in operating the Site, or (3)
any content available through the Site or any change therein, is to stop
visiting and using the Site. We may terminate your use of the Site,
including without limitation, your membership in the Site, at any time,
in its sole discretion.
Equipment
You
shall be responsible for obtaining and maintaining all telephone,
computer hardware, and other equipment needed for access to and use of
the Site, and you are responsible for all charges related thereto.
Security
We
take reasonable precautions to safeguard information transmitted
between visitors and the Site and information stored on our servers. We
use Secured Socket Layers encryption for the transmission of data to our
servers during member sign in and order check out. Despite these
efforts, however, we may be unable to prevent and shall not be
responsible for unauthorized access to such information by third
parties.
Miscellaneous
These
Terms of Use and any operating rules for the Site established by us
constitute the entire understanding of the parties with respect to the
use of the Site. We control and operate this Site from our offices in
the United States of America. We do not represent that materials on the
Site are appropriate or available for use in other locations. Persons
who choose to access this Site from other locations do so on their own
initiative and at their own risk, and are responsible for compliance
with local laws, if and to the extent local laws are applicable. These
Terms of Use shall be construed in accordance with the laws of the State
of California, without regard to its conflict of laws rules. You agree
to personal jurisdiction by the federal and state courts located in Los
Angeles County, California State. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal import.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. If any provision of these Terms of Use is
found to be unenforceable for any reason, than that provision shall be
deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
Linking To Our Site
If
you are interested in linking to our Site from your site, please e-mail
your request, which we may approve or deny in our sole discretion.