Thank you for visiting the California Avocado Commission (hereinafter “Commission”) Website (referred to as “Website” or “Site”). In order to make the Site useful and safe, we, the provider of the Site (referred to as “us” or “we” or “our”) have established certain guidelines, below. The Commission reserves the right to change these guidelines and disclaimers at any time, and you as the user of the Site (referred to as “you” or “your” or “user”) agree that each visit you make to the Commission shall be subject to the current guidelines.

THE COMMISSION PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. YOUR USE OF THIS WEBSITE RESULTS IN AN AGREEMENT AS FULLY DESCRIBED IN THE SECTION ENTITLED AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:


SITE CONTENT COPYRIGHTED

The contents of the Commission Website pages, including, but not limited to text, graphics, images and icons, are copyrighted materials owned or controlled by the Commission or third-parties and contain the Commission’s name, trademarks, service marks, and trade names.

Except where specified otherwise on this Website, you may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about or evaluating California Avocados and Commission services. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify copyrighted materials from the Commission Website. No permission is granted to you to use Commission icons, Site address, or other means to hyperlink other Internet sites with any page in the Commission Website, and the Commission assumes no responsibility for any other party’s site hyperlinked to the Commission Website or in which any part of the Commission Website has been hyperlinked.



WARRANTY

THIS SITE, INCLUDING ALL DATA, SOFTWARE, DOCUMENTATION, AND CONTENT CONTAINED WITHIN IT AND ALL SERVICES AVAILABLE ON IT, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE  COMMISSION MAKES NO WARRANTY THAT THE DATA AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY DATA OR SERVICES WILL MEET YOUR EXPECTATIONS. NEITHER THE COMMISSION NOR ANY OF ITS CONTRACTORS AND AGENTS ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA OR INFORMATION DISCLOSED; NOR DO THEY REPRESENT THAT ITS USE WOULD NOT INFRINGE ON PRIVATELY OWNED RIGHTS.



NON-ENDORSEMENT

Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply COMMISSION endorsement, recommendation, or favoring by the Commission.



LIMITATION OF LIABILITY

THE  COMMISSION AND ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR DATA, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, DATA, CONTENT, OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, CONTENT, DATA OR INFORMATION.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the Commission is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and the Commission reserves the right to remove such materials from the Commission Website without liability.



INDEMNITY

Each user shall indemnify, hold harmless, and defend the Commission and its officers, directors, employees, agents, and affiliates from and against all claims, demands or liability arising out of or related to such user’s violation of any of the provisions of this agreement.



CORRECTNESS AND CURRENTNESS OF INFORMATION

The Commission uses reasonable efforts to maintain correct and current information on its Website but assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies. The Commission reserves the right to make changes and improvements to the Site at any time and without notice.



LINKS TO THIRD-PARTY WEBSITES

The Commission Website contains links to and frames of sites which are not maintained by the Commission. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that such sites will not change without our knowledge, and inclusion of such links and frames in the Commission’s Website does not imply the Commission’s endorsement of the linked or framed sites or their content.

THE COMMISSION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HAVE NO CONTROL OVER, AND NO LIABILITY FOR, ANY THIRD-PARTY WEBSITES OR MATERIALS. THE COMMISSION MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, NOR DOES IT ASSUME RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. YOU ACKNOWLEDGE AND AGREE THAT THE  COMMISSION MAKES NO GUARANTEES ABOUT, AND ASSUMES NO RESPONSIBILITY FOR, THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF SUCH THIRD-PARTY CONTENT, AND THAT, UNLESS EXPRESSLY PROVIDED OTHERWISE, THESE TERMS OF USE SHALL GOVERN YOUR USE OF ANY AND ALL THIRD-PARTY CONTENT.

THE MATERIAL IN THIS WEBISTE AND ANY THIRD-PARTY SITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMMISSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. THE COMMISSION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS ON THIS WEBISTE OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THIRD PARTY SITES, INCLUDING BULLETIN BOARDS ON THOSE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (NOT THE COMMISSION) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION FROM SUCH HARMFUL EFFECTS.

Companies wishing to have a link posted on the Commission’s Website must submit a written request to:

California Avocado Commission
Attn: Legal Department
12 Mauchly, Suite L
Irvine, CA 92618-6305
Telephone: (949) 341-1955
tbellamore@avocado.org

As a condition for posting a link to a third-party website, the Commission will require that the requesting third party enter into a Linking Agreement with the Commission.

The Commission reserves the right to disable links to third-party sites, in its sole discretion, with or without prior notice to the third party.



MESSAGE BOARDS AND EMAIL

Except when prohibited by law, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication through the Commission’s Website, you agree to grant the Commission a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third-parties the unrestricted right to exercise any of the foregoing right granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You agree not to use the Commission’s e-mail service to send spam or to use the Website’s domain name when sending e-mail from another destination.

The Commission’s Website may include message boards which allow feedback to the Commission and real-time interaction between users of the Site. The Commission reviews and approves messages, information, or files delivered to the message boards. It is a condition of your use of the message boards and this Website that you do not:

  1. Restrict or inhibit any other user from using and enjoying the message boards;
  2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  3. Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  4. Post or transmit any information, software or other material which contains a virus or other harmful program; or
  5. Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

If you have knowledge that infringing content has been posted on the Commission’s Website, please notify:

California Avocado Commission
Attn: Legal Department
12 Mauchly, Suite L
Irvine, CA 92618-6305
Telephone: (949) 341-1955
tbellamore@avocado.org

You understand that the Commission has no obligation to monitor the message boards. The Commission reserves the right at all times, however, to disclose any information as necessary or proper to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Commission’s sole discretion are objectionable or in violation of these Terms of Use, or for the purposes of clarity or conciseness.

Violators of this policy may be barred from access to our message boards.



AGREEMENT

The foregoing Terms of Use, guidelines, policies, and notices constitute an Agreement between the Commission and each user with respect to the subject matter hereof and there are no representations, understandings, or agreements which are not fully expressed in this Agreement. When you use the Commission Website you agree to be bound by this Agreement. The Commission may modify the terms of this Agreement at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an email to the email address listed by registered users and posting the revised Terms of Use on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Site and this Agreement periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your: (a) acknowledgment of the modified Agreement; and (b) agreement to abide and be bound by the modified Agreement.

This Agreement is entered into in the State of California and shall be governed by and construed in all respects by the laws of the State of California without giving effect to any principles of conflicts of law. The Parties agree to venue and jurisdiction of the courts in the State of California, County of Orange for actions brought in State court, and County of Los Angeles for actions brought in federal court. 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 Agreement is effective until terminated by the Commission, at any time without notice. In the event of termination, you are no longer authorized to access the message boards, and the restrictions imposed on you with respect to material downloaded from the message boards, the disclaimers and limitations of limitations of liabilities set forth in this Agreement, shall survive. Your right to use this Website shall terminate immediately if you violate or disregard any provision of this Agreement.

If you have any questions about this Agreement, Terms of Use document or any policy herein, please contact:

California Avocado Commission
Attn: Legal Department
12 Mauchly, Suite L
Irvine, CA 92618-6305
Telephone: (949) 341-1955
tbellamore@avocado.org

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