Any communication or material you do transmit to the Site by e-mail or otherwise will be treated as non-confidential and non-proprietary. You shall be solely responsible for your own submissions, the e-mailing or posting of any content including, without limitations, photographs, illustrations, audio and video clips and the consequences thereof. You or a third party licensor, as appropriate, shall retain all patent, trademark and copyright to any Content you submit, e-mail, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate.
By e-mailing or posting any submission and Content to the Site or to us, you hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable, transferable, royalty free and perpetual license to use or publish such submission and Content for any purpose, including, without limitations, reproduction, modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast and posting in any form, medium or technology throughout the world and in perpetuity without restriction or compensation to you. We are free to use, at our sole discretion, any ideas, concepts, know-how, or techniques contained in any Content or communication you send or submit to the Site or to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
If any such posted links appear to have been included solely for the purpose of increasing SEO, we reserve the right to delete them from the Site at our sole discretion. In addition, all trackbacks will be treated in accordance with these TOU. You agree that you will use the Service in compliance with all applicable laws, rules and regulations. You agree to indemnify us and our affiliates for all claims of every kind and nature, known or unknown, resulting from a a breach of your representations, warranties or obligations set forth herein, b your actions or Content you supply, or c violation of any law or the rights of a third party, and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind including reasonable legal fees and costs related to such claims.
Furthermore, we reserve the right to refuse, accept, post, display, change, condense, delete or transmit any Content in our sole discretion. We do not guarantee that you will have any recourse through us or our affiliates to edit or delete any Content you have submitted. We reserve the right to remove or to refuse to post any submission or Content for any reason.
You are prohibited from posting or transmitting any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing, intimidating to any person or entity that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials. You may not use the Service or the Site to:. We will not take responsibility or be liable for the conduct of any person who uses the Site, or for any loss or damage suffered by person as a result of the use of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Without limiting the foregoing, if you post any images or Content to the Site that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part.
In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way or manner without our prior written permission. In addition to the disclaimers and limitations of liability set forth in Sections 11, 12 and 13 above, we and our affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any health claims or information offered or provided by users of the Site.
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Any such health claims or information offered or provided by users are not tested, substantiated or endorsed by us and individual results may vary and may not be typical for individual consumers. NOTICE The Service may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices or links to such notices to you generally on the Service.
However, we respect the copyright interests of others. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case.
Waiver of Class Arbitration To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Site and the Service, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under this TOU, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOU and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. 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 Service or these TOU must be filed within one 1 year after such claim or cause of action arose or be forever barred.
Personally Identifiable Information To fulfill your requests for information, enable you to participate in our product offerings, and provide you with opportunities to learn about other products and services in which we think you might be interested, we ask that you provide us with certain personally identifiable information.
We cannot control the actions of our Site users and advise you to use your discretion in sharing information about yourself on the Internet. All information sharing is optional and done so at your own risk. Non-Personally Identifiable Information We also may collect certain non-personally identifiable information when you visit many of our Web pages, such as the type of browser you are using e. We collect this information in order to determine which areas of our Site are most popular and to enhance your experience with our Site.
This information may also be shared with third parties on an aggregate and non-personally identifiable basis. However, please be assured that this information will in no way personally identify you or any other visitors of our Site. Our Site uses Google Analytics, or other third party web analytics services. Such services may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this Site.
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We do not control cookies that you may occasionally get from third-party sites.
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For example, Web beacons can be used to count the users who visit a Web page or to deliver a cookie to the browser of a visitor viewing that page. We may use Web beacons from third party Web analytics services on this Site from time to time for these and other purposes. The service does not collect personally identifiable information that you do not voluntarily enter in this Site. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity.
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In order to maintain the security of your information, you should protect the confidentiality of such information used to log into your account. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. To access the personally identifiable information that we have collected about you that we maintain, or to correct factual errors in such information, simply log into your account using your e-mail address and password to update your information.
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The companies do not audit third party contractors for compliance or provide training to our employees in these areas, but the companies are currently reviewing options to conduct audits and provide training. Scroll down to begin. California Grown From our farm to you. Our Mission. From our trees to your hearts. Core Values We act differently With courage and fearlessness, we are relentless in our quest to inspire healthier food and beverage choices. Sustainable Agricultural Practices. Bio-rational Pest Control Our growers use a number of alternative insect control methods developed by our sister company, Suterra, including mating disruption pheromones and insect growth regulators in tandem with an understanding of the life cycles of pests and their interaction with the environment.
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