Terms & Conditions of Use

Last revised March 4, 2008.

Naturipefarms.com is an online information and communications forum (the "Website") provided to you by Naturipe® Farms ("Provider" or "we" or "us") subject to your agreement with all of the terms and conditions set forth below including the Naturipe Farms Privacy Policy.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, WHICH ARE INTENDED TO BE FULLY EFFECTIVE AND BINDING UPON THE PROVIDER AND YOU. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR REFERENCE.

Modifications

We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement.  Material modifications will be conspicuously posted on the Website.  You agree to review the Agreement periodically to be aware of such modifications and your accessing or using of the Website constitutes your acceptance of the Agreement as it appears at the time of your access or use. 

Use of this Website

The right to use this Website is personal and not transferable to any other person or entity. Provider grants you permission to download the content of this Website and to print (1) one hard copy of this Website's content for your personal use only.

You may not otherwise use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website, without the prior express written permission of Provider.  You may not permit third parties to access this Website or use any Website content and may not make any other use of the Website or any Website content except as set forth in these Terms & Conditions, unless otherwise expressly agreed to in writing by Provider.  You may not harvest or collect information about others, including e-mail addresses.

You agree to use the Website for lawful purposes only. You may not post or transmit through the Website any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that without Provider's express prior approval, contains advertising or any solicitation.  Any conduct by you that in our discretion restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that Provider may terminate or otherwise deny your access to the Website in its sole discretion and without notice in the event Provider believes in its sole discretion that (i) you have violated a provision of these Terms & Conditions, (ii) you have used or misused the Website in a manner that Provider has determined is unlawful, unethical or otherwise inappropriate, (iii) or such action is reasonably necessary to protect a third party or Provider or if such action is otherwise required by law.

Access

This Website is intended for access only by United States residents.  Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Website illegal, are unauthorized to use the Website, and do so entirely at their own risk. 

Third Party Material

Provider provides you with access to certain materials on this Website for your personal consideration, information and enjoyment.  The views and opinions expressed in such materials are solely the view of the authors of such materials and do not necessarily reflect the views, opinions or research of Provider.  As such, Provider has no liability for such views, opinions or research or any data or information contained in such materials.
 
No Medical Advice

The information offered on this Website is informational only.  Provider does not provide medical or dietary advice, nor is any information on this Website intended to do so.  You should always consult a physician before modifying your diet.

Food Allergies

Any recipes on the Website do not take into consideration any food allergies that you may have.  Please carefully consider which recipes you try and use them at your own risk.  Provider has no liability if you consume foods to which you are allergic.

No Warranty

Provider makes all commercially reasonable efforts to ensure that all material, information and data provided to you on this Website is accurate information and data that we believe may be helpful to you; however, accuracy, helpfulness and reliability of the material, information and data cannot be guaranteed and Provider has no obligation to research, confirm or verify any third party materials. 

AS A RESULT, THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED BY PROVIDER ON AN “AS IS” BASIS.  PROVIDER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF CONDUCT OR USAGE IN TRADE. 

PROVIDER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY MATERIAL, INFORMATION, OR DATA OBTAINED FROM THIS WEBSITE. 

Provider does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this Website or any material, information or data downloaded or otherwise obtained through use of this Website or (2) that use of this Website or any materials on this Website will meet any user's requirement, be accurate, uninterrupted, timely, secure or error-free.  Provider shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  In no event will the Provider be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Website.

Provider does not warrant or guarantee that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. 

No advice or information, whether oral or written, obtained by you from Provider or in any manner from this Website shall create any warranty.

If for any reason you are not satisfied with this Website or the material, information or data downloaded or otherwise obtained from this Website, your sole remedy is to cease using this Website or such material, information or data.

No Liability

IN NO EVENT SHALL PROVIDER OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

The above limitations may not apply to you to the extent such limitations are prohibited by law.

Ownership and Intellectual Property Rights

Copyright © 2008 Naturipe Farms

This Website contains the copyrighted text, software, photos, video, graphics, trademarks and other proprietary material of Provider. The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable law.  This Website may also contain references to third party trademarks and copies of third party copyrighted materials, which are the property of their respective owners.  You may not modify or delete any author attribution, trademark legend or copyright notice.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

Any postings to the Website or material submitted to Provider are not confidential.   By making such posting or submitting material to Provider, you automatically grant to Provider, and warrant that you have the right to grant to Provider, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, transmit and distribute such material for any purpose (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use.

Third-Party Intellectual Property Rights

If you believe that your copyright in any material has been infringed on this Website, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

(a)  A description of the copyrighted work you claim has been infringed,
(b)  A description of the material that you claim is infringing, identified with sufficient detail for Provider to locate it on the Website,
(c)  Your address, telephone number and e-mail address,
(d)  A statement by you that you have a good faith belief that the disputed use is not authorized,
(e)  A statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
(f)  A physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

Provider’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:

Naturipe Farms LLC
999 Vanderbilt Beach Road, Suite 102  Naples, FL 34108
(239) 591-1664

You and Provider understand and agree that: (1) Provider assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties and (2) Provider is a publisher of any such content, and is acting solely as an Internet Website Provider as such term is defined in the Digital Millennium Copyright Act.

Bulletin Boards, Chat Rooms and Other Interactive Areas

Provider may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in.  By accessing or using this Website, you agree to abide by the following guidelines, in addition to these Terms & Conditions, for use of any such bulletin boards, chat rooms and other interactive areas:

1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or Provider or any of its affiliates.

2. You must ensure that all comments are appropriate to all people.  Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.

3. You must keep your comments relevant to the stated topic.

4. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or engage in, facilitate or encourage any illegal activities.

5. Any and all postings you may submit to this Website must be your original work, based upon your diligent research and best efforts.

All users of this Website must also follow any other guidelines or rules provided by Provider or posted on this Website for such postings or submissions.  A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms & Conditions, will result in, among other possible action, the immediate termination of all access and privileges to post content to the Website.  Please report any violations of these guidelines to Provider, as provided for in the “Contacting Us” paragraph of these Terms & Conditions.

You and other users of any Provider bulletin boards, chat rooms and other interactive areas are solely responsible for the content and consequences of any messages you communicate or post on this Website.  Provider will have no liability for any content and consequences of any such messages. 

You should exercise the utmost discretion before providing any personal information to third parties via any such bulletin boards, chat rooms or other interactive areas that may be on this Website.

Although Provider is not obligated to monitor content or the accuracy of information, you acknowledge and agree that Provider, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this site.  Provider also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s access, for any reason.  Provider also reserves the right to review any submission you may send to the Website and may decide, in its sole discretion, whether or not your submission is appropriate for the Website.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF ANY USE OR MISUSE OF THE WEBSITE, ANY USE OR MISUSE OF THE WEBSITE IN CONNECTION WITH YOUR USER INFORMATION OR LOGIN INFORMATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF PROVIDER OR ANY OTHER PERSON OR ENTITY, OR THE VIOLATION OF THIS AGREEMENT.

Interpretation and Disputes

Nothing in these Terms & Conditions will be construed to make Provider or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.

If any provision of these Terms & Conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. Provider controls and operates this Website from our offices in Salinas, California. These Terms & Conditions, and your use of the Website, will be governed by and interpreted in accordance with the laws of the State of California, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for California.

You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or federal court in California and waive any objection that may exist, now or in the future, with respect to any of the foregoing.

Entire Agreement

These Terms & Conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this Website and the information on this Website and supersedes all other agreements with respect to the subject matter hereof.

By your access or use of this Website, you hereby agree to these Terms & Conditions.  These Terms & Conditions, together with Provider's Privacy Policy constitute the entire agreement between you and Provider with respect to your access and use of this Website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by Provider.  These Terms & Conditions will inure to the benefit of Provider’s successors and assigns.