TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU (THE USER) HEREBY AGREE TO BE BOUND BY ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE USER’S, CUSTOMER’S, OR PROSPECTIVE CUSTOMER’S, RESPONSIBILITY TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE SITE. IF YOU (THE USER) DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/01/2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Western Mixers Produce & Nuts, Inc. (also known as Nutsite) located at 2910 N. San Fernando Road, Los Angeles, California 90065 and our subsidiaries and affiliates, in association with the use of the Nutsite website, which includes www.nutsite.com, (the “Site”) and its Services, which shall be defined below:
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Selling Nuts, Dried Fruits, Beans, Grains, Rice, Candy, Snacks and Misc. Gift Items.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
Throughout this TOS, the terms YOU or YOUR mean users and/or members of the www.nutsite.com site.
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Western Mixers Produce & Nuts, Inc.. At its discretion, Western Mixers Produce & Nuts, Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Western Mixers Produce & Nuts, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. All users and/or members, acknowledge, accept and agree that Western Mixers Produce & Nuts, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute the user and/or member’s acceptance of these updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made to ensure the user and/or member is fully aware of all terms and policies currently in effect. Should the user or member not agree to the updated, revised or modified terms, the user or member must immediately stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Western Mixers Produce & Nuts, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, all users and members must be at least 18 years of age. In addition, all users and members must be in good standing and not an individual that has been previously barred from receiving Nutsite’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When a user or member registers, Nutsite may collect information such as the user or member’s name, e-mail address, gender, mailing address, occupation, industry and personal interests. Account information may be edited at any time. Once a user or member registers with Nutsite and signs in to our Services, the user and/or member are no longer anonymous.
Furthermore, the registering user and/or member hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to Yourself as may be requested by the data registration process, and
- maintain and promptly update Your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Western Mixers Produce & Nuts, Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Western Mixers Produce & Nuts, Inc. Services, or any portion thereof.
It is Western Mixers Produce & Nuts, Inc.’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 18 that permit their child or children access to the Nutsite website platform
Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, but not limited to, message boards, e-mail, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
A user or member is the sole authorized user of their account. The user and/or member shall be responsible for maintaining the secrecy and confidentiality of their password and for all activities that transpire on or within the user/member account. It is the user or member’s responsibility for any act or
omission of any user(s) that access Your account information that if undertaken by the user or member themselves would be deemed a violation of the TOS. It shall be the user or member’s responsibility to notify Western Mixers Produce & Nuts Inc. immediately upon notice of any unauthorized access or use of the account or password or any other breach of security. Western Mixers Produce & Nuts, Inc. shall not be held liable for any loss and/or damage arising from failure to comply with this term and/or condition of the TOS.
All users and members acknowledge, understand and agree that all information, text, software, date, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that You are solely responsible for any and all content posted,
uploaded, e-mailed, transmitted or otherwise available by way of the Nutsite Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by using our Services, You may be exposed to content including, but not limited to, any errors or omissions in any content posted, e-mailed, transmitted or otherwise made available by Nutsite.
Furthermore, You herein agree not to make use of Western Mixers Produce & Nuts, Inc.’s Services for the purpose of:
- uploading, posting, e-mailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any Nutsite officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that You personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, e-mailing. Transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any proprietary or intellectual rights of any other party.
- uploading, posting, e-mailing, transmitting or otherwise offering any content that You do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, e-mailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, e-mailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designated to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Western Mixers Produce & Nuts, Inc. Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device and/or routing to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Western Mixers Produce & Nuts, Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Western Mixers Produce & Nuts, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such actions is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Western Mixers Produce & Nuts, Inc., its visitors, users and members, including the general public.
Western Mixers Produce & Nuts, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Western Mixers Produce & Nuts, Inc. or any other content providers supplying content services to Western Mixers Produce & Nuts, Inc.. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to global nature of the internet, through the use of our network all users and members agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, You agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_date.html , as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, You state and pledge that You:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry, and uses that would be in violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data that would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Western Mixers Produce & Nuts, Inc. shall not claim ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, all users and members grant and allow Western Mixers Produce & Nuts, Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Western Mixers Produce & Nuts, Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on
our network Services for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as You are a member of Western Mixers Produce & Nuts, Inc.’s sites, and shall terminate at such time when You elect to discontinue Your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Western Mixers Produce & Nuts, Inc.’s sites, the license provided to permit use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services are for he sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as You are a member of Western Mixers Produce & Nut, Inc.’s sites and shall terminate at such time when You elect to discontinue Your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of Western Mixers Produce & Nuts, Inc.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium currently used or later developed.
Those areas which may be deemed “publicly accessible” areas of Western Mixers Produce & Nuts, Inc.’s sites are those such areas of our network properties meant to be available to the general public, and include message boards and groups that are openly available t both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Western Mixers Produce & Nuts, Inc. provides an area for our users and members to contribute feedback to our website. When ideas, documents, suggestions and/or proposals (“Contributions”) are submitted to our site, You acknowledge and agree that:
- Your Contributions do not contain any type of confidential or proprietary information;
- Nutsite shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; Nutsite shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of Nutsite; and
- Nutsite is under no obligation to either compensate or provide any form of reimbursement in any manner or nature to the contributor.
All members and/or users agree to insure and hold Western Mixers Produce & Nuts, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Nutsite Services or Your connection with these Services, Your violations of the Terms of Service and/or Your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Nutsite’s sites.
USE AND STORAGE GENERAL PRACTICES
All members and/or users acknowledge that Western Mixers Produce & Nuts, Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any e-mail, message posting or any other uploaded content shall be retained by Western Mixers Produce & Nuts, Inc., nor the maximum number of e-mail messages that may be sent and/or received by any member, the maximum volume or size of any e-mail message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Western Mixers Produce & Nuts, Inc.’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, You also agree that Western Mixers Produce & Nuts, Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. All members and/or users acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Western Mixers Produce & Nuts, Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Western Mixers Produce & Nuts, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporary or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to You or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Members of www.nutsite.com may cancel or terminate their account, associated e mail address and/or access to our Services by submitting a cancellation or termination request to [email protected] Members agree that Western Mixers Produce & Nuts, Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit a member’s account and/or access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by the member in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by the member in connection with the member’s www.nutsite.com account Services.
Furthermore, members agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to the member or any other third party with regards to the termination of the member’s account, associated e- mail address and/or access to any of our Services. The termination of the member’s account with www.nutsite.com shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within www.nutsitecom;
- the deletion of the member’s password and any and all related information, files, and any such content that may be associated with or inside the member’s account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely with the advertiser. Moreover, Western Mixers Produce & Nuts, Inc. shall not be held responsible or liable for any loss or damage of any nature incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Western Mixers Produce & Nuts, Inc. or any third parties may provide links to other websites and/or resources. We are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, Western Mixers Produce & Nuts, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Users and members acknowledge and agree that Western Mixers Produce & Nuts, Inc.’s Services and any essential software that my be used in connections with our Services (“Software”) contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, users and members acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Western Mixers Produce & Nuts, Inc. or such applicable licensor, members and users agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Western Mixers Produce & Nuts, Inc. Services and advertising (e,g, content or software), in whole or part. Western Mixers Produce & Nuts, Inc. herein has granted You personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as You do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, You do herein agree not to alter or change the Software in any manner, nature of form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Western Mixers Produce & Nuts, Inc. for use in accessing our Services.
USERS AND MEMBERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF WESTERN MIXERS PRODUCE & NUTS, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. WESTERN MIXERS PRODUCE & NUTS, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WESTERN MIXERS PRODUCE & NUTS, INC. AND OUR SUBSIDIARIES, OFFICERS,EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WESERN MIXERS PRODUCE & NUTS, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WESTERN MIXERS PRODUCE & NUTS, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WESTERN MIXERS PRODUCE & NUTS, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, AND ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WESTERN MIXERS PRODUCE & NUTS, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM WESTERN MIXERS PRODUCE & NUTS, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTON IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
BY USING THE SITE OR SERVICES, USERS AND/OR MEMBERS EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WESTERN MIXERS PRODUCE & NUTS, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Members and/or users agree to release Western Mixers Produce & Nuts, Inc. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co branders, partners and any other third parties) from any disputes, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should a member or user participate in any of the available Services, or request any news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Warranty and Limitations of Liability sections above. Western Mixes Produce & Nuts, Inc.’s content is provided primarily for informational purposes, none of the content provided or included in our Services is intended for trading or investing purposes. Western Mixers Produce & Nuts, Inc. and our licensors are not responsible for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services and are not responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCEDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILTY MAY NOT APPLY.
THIRD PARTY BENEFICIARIES
All users and members acknowledge, understand, and agree that there are no intended third-party beneficiaries to this TOS, unless otherwise expressly provided.
Western Mixers Produce & Nuts, Inc. may furnish users and members with notices, including those with regards to any changes to the TOS, including but not limited to e-mail, regular mail, MMS or SMS, text messaging, posting on our Site = Services, or other reasonable means currently known or that may be developed. Any notices may not be received if a member or user violates any aspect of the TOS by accessing our Services in an unauthorized manner. A user or member’s acceptance of this TOS constitutes agreement that the user or member is deemed to have received any and all notices that would have been delivered had the user or member accessed our Services in an authorized manner.
All users and members acknowledge, understand and agree that all of the Western Mixers Produce &Nuts, Inc. trademarks, copyright, trade name, service marks, and other Western Mixes Produce & Nuts, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Western Mixers Produce & Nuts, Inc. All users and members agree not to display and/or use in any manner the Western Mixers Produce & Nuts, Inc. logo or marks without obtaining Western Mixers Produce & Nuts, Inc.’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Western Mixers Produce & Nuts, Inc. will always respect the intellectual property of others, and we ask that all of our users and members do the same. With regards to appropriate circumstances and at its sole discretion, Western Mixers Produce & Nuts, Inc. may disable and/or terminate the accounts of any user or member who violates our TOS and/or infringes the rights of others.
If any individual believes that a work has been duplicated in such a way that would constitute copyright infringement, or intellectual property rights have been otherwise violated, provide Western Mixers Produce & Nuts, Inc. with the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that is allegedly infringed upon;
- A description of the location of the Site on which the work or intellectual property is located;
- The individual’s physical address, telephone number and e-mail address;
- A statement, in which it is stated that the alleged and disputed use of the work or intellectual property is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in the notice is truthful and accurate, and that the individual is the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Western Mixers Produce & Nuts, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Western Mixers Produce & Nuts, Inc.
Atten: Copyright Agent
2551 E. Philadelphia Street
Ontario, California 91761
E-mail: [email protected]
CHOICE OF LAW AND FORUM
Use of the Western Mixers Produce & Nuts, Inc. Services by users and members shall be governed by the laws of the state of California without regard to its conflicts of law provisions. Any and all claims, causes of actions and/or disputes, arising out of or relating to the TOS, or use of the Western Mixers Produce & Nuts, Inc. Services, shall be filed within the courts having jurisdiction within the County of Los Angeles, California, or the U.S. District Court located in said state. All users and members agree to submit to the jurisdiction of the courts as described and agree to waive any and all objections to the venue and/or exercise of jurisdiction over the parties by these courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Western Mixers Produce & Nuts, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of that right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the provision, with all other provisions of the TOS to remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABIITY
All users and members acknowledge, understand and agree that any user or member account is non-
transferable and any rights to the account identification and/or contents within the account shall
terminate upon a user or member’s death. Upon receipt of a copy of a death certificate, the account
may be terminated and all account contents permanently deleted.
STATUTE OF LIMITATIONS
All users and members acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or actions arising out of or related to the use of our Services or the TOS must be filed within (1) one year after the origination of the claim or cause of action or else the claim or cause of action will be barred.
Please report any and all violations of this TOS to Western Mixers Produce & Nuts, Inc. as follows:
Western Mixers Produce & Nuts, Inc.
2551 E. Philadelphia Street
Ontario, California 91761
Telephone: 323-344-5270 FAX: 323-344-5284
E-mail: [email protected]