The FruitGuys® Terms of Service
Welcome to www.fruitguysfarmtoschool.com (“Website”). This Website is owned by The Fruit Guys, LLC (“The FruitGuys”), and the text below is brought to you courtesy of our lawyer, Bob, who is a Virgo (the most meticulous of all the zodiac signs).
When you visit this Website, you are agreeing that both your access to the Website and your use of the Website are governed by these Terms of Service (“Terms”). These Terms are effective as of May 18, 2015 (“Effective Date”).
Lawyer Bob, who is really nice but sometimes a bit of a buzzkill, has let us know that you must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material, or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions. The FruitGuys provides you with access to, and use of, the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically allowed in these Terms.
All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by The FruitGuys®, one of its affiliates, or by third parties who have licensed their materials to The FruitGuys®. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and The FruitGuys® owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print, and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading. The FruitGuys® reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment, or agency relationship exists between The FruitGuys® and you as a result of these Terms or your use of the Website.
All content that you post on this Website or otherwise disclosed, offered, or submitted to The FruitGuys® or any of our brands shall be and remain The FruitGuys®’ property, which we may use for any purpose including commercial purposes. Such disclosure, submission, or offer of any content shall constitute an assignment to The FruitGuys® of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the content. The FruitGuys® is and shall be under no obligation to maintain any content you post, offer, disclose, or submit to The FruitGuys® in confidence or to pay to user any compensation for any such content.
Except as otherwise provided herein, use of the Website does not grant you a license to any content, features, or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute, or create derivative works of such content, features, or materials, in whole or in part unless you first obtain written permission from The FruitGuys®. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by The FruitGuys®. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property by including them on the Website.
Trademarks and Service Marks
Below is a non-exhaustive list of trademarks and service marks owned by The FruitGuys®. Any third party trademarks, product names, company names, and logos appearing on this Website are the property of their respective owners.
THE FRUITGUYS BRAND FOOD THAT WORKS®
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to The FruitGuys® on or by the Website or otherwise disclosed, submitted, or offered to The FruitGuys® (collectively, “Comments”) shall be and remain The FruitGuys®’ property, which we may use for any purpose including commercial purposes. Such disclosure, submission, or offer of any Comments shall constitute an assignment to The FruitGuys® of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. The FruitGuys® is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.
You agree that no Comments submitted by you to The FruitGuys® will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third party through the use of any of the various The FruitGuys®messaging services available to customers (“Message”), including, without limitation, gift messages, and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:
- The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation
- The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
- The impersonation of any person or entity in any part of any Message
We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other The FruitGuys® customers, or any third party.
Privacy and Your Information
From time to time there may be information on the Website, in an email to you, or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The FruitGuys® reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.
The Website may provide, or third parties may provide, links to other websites or resources. Because The FruitGuys® has no control over such sites and resources, The FruitGuys®is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The FruitGuys® shall not be 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 or through any such site or resource. The FruitGuys® reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any linked site. Permission must be granted by The FruitGuys® for any type of link to the Website. To request our permission, you may write to The FruitGuys® at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time.
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY THE FRUITGUYS® ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FRUITGUYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FRUITGUYS® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FRUITGUYS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE FRUITGUYS® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER THE FRUITGUYS® OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold The FruitGuys® and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, your violation of these Terms, or your posting or transmission of any materials on or through the Website.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
Specific Prohibited Uses
You are responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of your posting on or through the Website. The FruitGuys® specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
- Posting any information that is incomplete, false, inaccurate, or not your own
- Impersonating another person
- Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national, or international law or regulation, or that fails to comply with accepted Internet protocol
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner
- Posting material that infringes on any other intellectual property, privacy, or publicity right of another
- Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of U.S. export control laws
- Attempting to interfere in any way with the Website’s or The FruitGuys®’ networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system
Violations of system or network security may result in civil or criminal liability. The FruitGuys® will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account that user is not authorized to access
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, denial of service attacks, or any other effort to cause “crashing” of the Website
- Sending unsolicited email, including promotions and/or advertising of products or services
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting
International Use – Consent to Processing
The FruitGuys® controls and operates the Website from our offices in the United States, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If you access the Website from locations outside the United States you agree that any information you provide to or through the Website may be processed in the United States.
Termination of Usage
To contact our The FruitGuys® brands, with any questions or concerns in connection with these Terms or the Website, or to provide notice to The FruitGuys®, you can email, call, fax, or write to us at the following:
Call: 1-877-FRUIT ME (877-378-4863)
Mail: The FruitGuys
490 Eccles Avenue
South San Francisco, CA 94080
Our toll-free customer service lines are available Monday through Friday 5 a.m.–5:30 p.m. PST (subject to change).
©2019, The Fruit Guys, LLC. All rights reserved.