Terms & Conditions

Effective as of: November 1, 2014  

This web site (“Site”) is controlled by and/or maintained by Agrofruit Holding Corp. and/or one or more of their subsidiaries or affiliates (individually and collectively, “Agrofruit,” “We,” “Us,” or “Our”). By visiting or using this Site (collectively, “Use” of the Site), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other content from this Site, or to send messages, information, data, text, software or images, or other content to the Site, (collectively, the “Content”), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, you should not Use this Site.

Agrofruit may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Agrofruit may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability.  Agrofruit may terminate the authorization, rights and license given herein.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All materials on our Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, “Content”) are protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or by other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Agrofruit. You are NOT authorized to use any Agrofruit marks or any Agrofruit intellectual property in any advertising, publicity or in any other commercial manner without the prior written consent of Agrofruit.

OTHER WEBSITES

The Site contains links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. Agrofruit does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the Agrofruit Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

RULES OF CONDUCT

By using our Site, Participant accepts the following rules of conduct:

  1. This site is user moderated. Please flag comments that violate the rules below. All flagged comments will be reviewed promptly and removed if necessary. Remember to flag with care.
  2. Be respectful when making comments. You are entitled to your own opinion, but please be respectful when offering differing viewpoints. No personal attacks will be tolerated.
  3. This site does not tolerate disrespectful language or content. This includes profanity, sexually suggestive or explicit language, and hateful or derogatory comments.
  4. Advice may be given and taken freely. However, never discuss or encourage any illegal, violent, or harmful activities. If you need help with a serious medical or personal problem, consult a professional.
  5. No spam. This is not a place to market yourself or your services. There are places to go for that. This is not one of them.
  6. Uploaded photographs may not violate any copyright laws. They may not contain graphic images or nudity.
  7. Agrofruit reserves the right to change these rules at any time.

COMMENTS AND SUBMISSIONS

If Agrofruit Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content (“User Content”) through or to the Agrofruit Website, Agrofruit welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions. For any User Content you submit, you grant to Agrofruit a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you.

We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY AGROFRUIT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

PRIVACY POLICY

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect regarding users of our Site is subject to our Privacy Policy, the full text of which is available by Privacy Policy.

INDEMNIFICATION

As a condition of the use of the Agrofruit Website, you agree to defend, indemnify, and hold harmless Agrofruit and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Agrofruit Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

APPLICABLE LAW

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Agrofruit bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Florida, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Agrofruit.

We make no representations that the Content on our Site is appropriate or available for use in locations outside the United States. Those who choose to access our Site from locations outside the United States do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

MISCELLANEOUS

These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Agrofruit with respect to the Agrofruit Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Agrofruit Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

CONTACT INFORMATION

If you have any concerns about Agrofruit or your use of the Agrofruit Website, please contact us at info@onebananas.com with a detailed description, and we will try to resolve it.