|
|
|
Terms of Use |
|
Terms of Use |
| |
|
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE |
| |
Foreword
THESE TERMS OF USE (THE "TERMS") DESCRIBE THE BASIS ON WHICH DEMMA
FRUIT INC OFFERS ACCESS TO
PAGES OF DEMMA FRUIT INC'S WEB SITES (currently located at www.demmafruit.com
and )
(individually and collectively referred to as the "Site") TO PERSONS
WHO VISIT THE SITE ("you") BY ACCESSING THE SITE AT ANY TIME FOR ANY
REASON, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY EACH OF THE
PROVISIONS BELOW. If you do not agree to them, do not use the Site
or download any Materials from it. |
| |
Materials and License; Third Party Content
The materials (including all content, information, Demma Fruit Inc's
domain name, the Demma Fruit Inc logo, any marks appearing on the
Site, and configurations, displays, screens appearing on or
displayed in connection with the Site) (the "Materials") are
provided by Demma Fruit Inc as a service to its customers and may be
used for informational purposes only. The Materials on this Site are
copyrighted and/or are protected by trademark and other laws. Any
unauthorized use of any Materials at this Site may violate
copyright, trademark, and other laws. Demma Fruit Inc may make
changes to these Materials, or to the products described therein, at
any time without notice. Demma Fruit Inc makes no commitment to
update the Materials. The Materials are provided with "RESTRICTED
RIGHTS." Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or its successor. Use of the Materials by
the Government constitutes acknowledgment of Demma Fruit Inc's
proprietary rights in them. |
| |
| To
the maximum extent legally possible, you agree that you will not
directly or indirectly copy, publish, reproduce, distribute, display
or transfer any or all of the Materials, whether electronically,
mechanically, or otherwise, in any form (including the copying of
presentation style, content, or content organization) without the
prior written permission from Demma Fruit Inc; provided, however,
that you may download one copy of the Materials found on the Site on
a single computer for your internal use only unless specifically
licensed to do otherwise by Demma Fruit Inc. This is a license, not
a transfer of title, and is subject to the following restrictions:
you may not: (a) modify the Materials or use them for any commercial
purpose, or any public display, performance, sale or rental; (b)
remove any copyright or other proprietary notices from the
Materials; (c) transfer the Materials to another person; (d) except
as specifically provided above, copy, reproduce, modify, publish,
upload, post, transmit, or distribute any of the Materials in any
way, without Demma Fruit Inc's prior written permission. You agree
that you will not frame or link to the Site without our express
prior approval. Except as expressly provided herein, Demma Fruit Inc
and its suppliers do not grant any express or implied right to you
under any intellectual property or information rights. Demma Fruit
Inc may terminate this license at any time. Upon termination, you
must immediately destroy the Materials. |
| |
|
You acknowledge that a portion of the Materials constitutes content
and substantive information, including news articles, industry, or
other information, data, text, graphics, messages, communications,
photographs, images, illustrations, audio clips, and/or video clips
(collectively, the "Content"). You understand that to the extent
that Demma Fruit Inc did not originate or create such Content, the
Content provided is not the responsibility of Demma Fruit Inc, but
rather of the person from which such Content originated or which
created the Content. ALL CONTENT, WHETHER ORIGINATING WITH OR
CREATED BY DEMMA FRUIT INC OR OTHERWISE, IS PROVIDED "AS IS" AND
WITH ALL FAULTS AND DEMMA FRUIT INC SHALL HAVE NO RESPONSIBILITY OR
LIABILITY THEREOF. Without limiting the foregoing, Demma Fruit Inc
does not represent or endorse the accuracy or reliability of any
advice, opinion, statement, or other information displayed,
uploaded, or distributed through the Services by any user,
information provider, or any other person or entity. You acknowledge
that any reliance upon any such opinion, advice, statement, or
information shall be at your sole risk. Under no circumstances will
Demma Fruit Inc be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of
any Content. Certain Content is furnished by various news
organizations or news publishers; neither Demma Fruit Inc nor any
such organizations or publishers will be liable for any delays,
inaccuracies, errors, or omissions in any such Content, or in the
transmission or delivery of all or any part thereof, or for any
damages arising there from. Moreover, Demma Fruit Inc or another
third party may edit, alter, or summarize certain Content provided
by others; Demma Fruit Inc is not liable for the completeness of any
Content provided to you, regardless of whether Demma Fruit Inc has
edited, altered, or summarized such Content. |
| |
|
You acknowledge that Demma Fruit Inc and/or third-party content
providers remain the owners of the Materials on this Site, and that
you do not acquire any of those ownership rights by printing or
downloading any of the information or making use of the Site. In
addition, other trademarks appearing through the use of the Site and
information specifically related to certain companies may also be
subject to the rights of other parties. Customer agrees to respect,
and not in any way to violate, such third party rights. Demma Fruit
Inc's trademarks may be used publicly only with permission from
Demma Fruit Inc. Fair use of Demma Fruit Inc's trademarks in
advertising and promotion of Demma Fruit Inc products requires
proper acknowledgement. |
| |
Termination
Demma Fruit Inc Inc may terminate these Terms as to your use at any
time with or without cause, and may refuse to provide you or any
other customer with access to the Site at any time, at its sole
discretion. Any such termination shall end the license described
above. However, in the case of any termination, you agree to
continue to abide by these Terms, which shall remain in full force
and effect after such termination, except that your right to use the
Site shall be terminated. |
| |
Exculpation; Limitation of Liability
YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION
CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS
ACCURATE OR COMPLETE. ACCORDINGLY, YOU ACKNOWLEDGE FURTHER THAT YOU
DO NOT OR WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE SITE
(INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION
CONTAINED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT
NOTICE. |
| |
|
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE
SITE AND THE MATERIALS PROVIDED THEREON (REGARDLESS OF WHETHER SUCH
MATERIALS ARE CREATED BY DEMMA FRUIT INC OR A THIRD PARTY CONTENT
PROVIDER) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND OR
RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT
LIMITATION) ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (a)
TITLE, NO INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR
PURPOSE; (b) INFORMATION, INFORMATIONAL CONTENT, OR COMPLETENESS OR
INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE SITE
OR OTHERWISE; (c)THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY,
OR OPERATION OF THE SITE; (d) UNINTERRUPTED ACCESS; OR (e) ANY
PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY INFORMATION
RELATING THERETO. NEITHER DEMMA FRUIT INCNOR ANY OF ITS AGENTS,
AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR OUT OF ANY
BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY
HAVE, EVEN IF DEMMA FRUIT INC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. |
| |
Submission of Information; No Improper Use;
Indemnity
Any material, information or other communication you transmit or
post to this Site will be considered non-confidential and
non-proprietary ("Communications"). Demma Fruit Inc will have no
obligations with respect to the Communications. Demma Fruit Inc and
its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes. |
| |
Links to Other Sites
Demma Fruit Inc has provided links to certain non-Demma Fruit Inc
sites for your convenience. Some of these sites may have certain
marks of or other references to Demma Fruit Inc. However, please be
aware that the information, products or services available on these
sites is being provided by third parties over which Demma Fruit Inc
has no control. Demma Fruit Inc provides no guaranty or warranty as
to any of such information, products or services. If you decide to
visit any such sites, you do so at your own risk and responsibility.
Links or the appearance of any marks or references to Demma Fruit
Inc do not imply any sponsorship or endorsement of the third party
or any information, products or services appearing on such site.
Demma Fruit Inc reserves the right to terminate any link or linking
program at any time. |
| |
Site Location; Applicable Law; Jurisdiction
This Site is controlled by Demma Fruit Inc from within the United
States of America. Demma Fruit Inc makes no representation that
Materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their content
is illegal is prohibited. Those who choose to access this Site from
other locations do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use or export
the Materials in violation of U.S. export laws and regulations. ANY
CLAIM RELATING TO THE MATERIALS OR THIS SITE SHALL BE (A) GOVERNED
BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF TEXAS, AND NOT BY
THE APPLICATION OF CHOICE OF LAWS THE LAWS OF ANY OTHER JURISDICTION
AND (B) TO THE MAXIMUM EXTENT PROVIDED BY LAW, BE BROUGHT SOLELY IN
THE STATE DISTRICT COURTS OF HARRIS COUNTY, TEXAS. |
| |
Revisions
Demma Fruit Inc may revise these Terms at any time by posting
updates. You should visit this page from time to time to review the
then current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages at this Site. |
| |
|
Copyright 2004 Demma Fruit Inc. All rights reserved. Demma
Fruit Inc, 215 S. 7th St. Lincoln, NE 68508, USA |
|
|
|
|
|
|
