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General Terms and Conditions


Hollister Fruits, Inc. – General Terms and Conditions of Service (T&C)

Effective: June 1, 2018

Hollister Fruits, Inc. (HF) provides products and services and related information, and enables users to interact with content and information from its Users known and unknown to other Users, and engage in providing personally identifiable information, through its Website, its Social Media accounts and sites including but not limited to facebook, Instagram, YouTube, Pinterest, and other communications means including but not limited to email, phone and SMS, through mobile and other computer and information devices (Services). HF reserves the right to change these communication methods without prior notice.

By visiting our website, you agree that the following T&C govern your access and your use of the Website effective June 1, 2018  (“Effective Date”). The T&C may change without notice. Please refamiliarize with our T&C before every use of our Website since HF reserves the right to change and update  the T&C at any time. Users must be in compliance with following T&C. Please Read This Document Carefully.

If User does not agree with our T&C, the User should neither access nor visit nor transact with our website or business. User agrees that he/she does not have any rights in the HF, and that HF will have no liability to User if our Services, or any portion thereof, are discontinued or User’s ability to access or use our Services is terminated. If User violates our T&C, then at HF’s sole discretion, HF is authorized to disable or terminate Users of HF Website and Services who do not comply with our T&C.

Authorized User (User)
To use, create an account, order any product, make available any personally identifiable data, posit or engage with any type of content or post, you must be at least 18 years old, have a valid credit card or other acceptable electronic payment method, and you must be able to form a legal binding agreement with HF. If a User does not meet these T&C, User may not use HF’s Services. User is not granted any rights or titles for accessing, navigating, and using the HF Website and Services. User is granted only a personal, non-exclusive, non-transferable license to access the Website and to use the HF Content for that purpose only. HF reserves complete title and intellectual property rights for all content downloaded by User from the HF Website, and User has no commercial rights to any HF Content.

Accounts and Passwords.

Our Website enables User to create an Account, with a User-selected unique password. User is solely responsible for protecting the confidentiality of such password, and User is accountable for any activity through the created Account. By using our Website and Services, User represents and warrants that User is the registrant of the Account being used. User also agrees to Log Out, Sign-out or Exit from Account when not using the User’s Account. User also warrants that User will not use another User’s Account(s).

Substitutions.


Substitutions may sometimes be necessary to make sure product is delivered on schedule. Note that containers, packaging, and fruit and nut colors, skin textures, sizes and types of fruits and snacks shown on our Website and marketing material may be different from what is delivered. Regardless, HF strives to be as accurate as possible, and guarantees Customer Satisfaction.

Our Guarantee.

If any of our products does not meet a User’s satisfaction or acceptance, HF will, at its discretion, either replace with double the quantity on next delivery to User, or credit the User with $0.25 per fruit in question.

User Generated Content.

HF may conduct campaigns and contests through HF’s marketing and advertising channels, and in doing so, Users may either submit content or HF may solicit submissions from Users. All such responses, comments, opinions, images, video, audio and the like submitted by User are considered User Generated Content (UGC), and User agrees to grant HF and its future successors or its companies, without any expectation of compensation, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable and transferable license to exploit, use, modify, reproduce, distribute such UGS, over any existing or yet to be developed future medium. Furthermore, User is solely responsible for all of User’s UGC, and guarantees  that the UGC submitted does not violate any rights (copyright, trademark, proprietary information or rights) of a Third Party.

HF Content, Marks and Inaccuracy Disclaimer.

Original art work, graphics, photographs, video, lyrics, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product names, slogans is HF Content, and is the property of HF and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. HF content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by HF, or by third parties who have licensed their materials to HF. Users are authorized to access and use HF Website and Services and HF Content only for User’s use is solely for personal, non-commercial use. Trademarks and Service Marks owned by HF are: Fresh Fruit Pack®; Vibrant Fresh Fruit Pack®; Vivid Fresh Fruit Pack®; Vibgyor Fresh Fruit Pack®; Crunch, Munch, Scrunch®; Crunchy, Munchy, Scrunchy®; Crunch for Lunch®; Tasty. Filling. Aromatic®. Any other Marks on our Website are third party trademarks, product names, company names, and logos are the property of their respective owners.

There is a possibility that our Website or Services contain typographical errors, inaccuracies, or omissions related to, for example, T&C, Pricing, Business Model, Delivery, and Product information. HF reserves the right to correct such inaccuracies and update information at any time without prior notice.

Warranty Disclaimer.

YOUR USE OF THE HF SERVICES IS AT YOUR SOLE RISK. HF MAKES NO WARRANTY THAT THE HF SERVICES WILL MEET YOUR REQUIREMENTS. ALL HF SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. HF DOES NOT WARRANT THAT THE HF SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. HF DOES NOT WARRANT THAT THIS WEBSITE, ITS CONTENT AND SERVERS, OR ITS ELECTRONIC COMMUNICATIONS SENT BY HF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER HF, NOR ANY OF IT’s RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification.
You agree to defend, indemnify, and hold HF, and its directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use or misuse of our Website.

Applicable Law.
These Terms of Use shall be governed in all respects by the laws of the State of California, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against HF must be resolved by a court located in San Benito County, California. You agree to submit to the personal jurisdiction of the courts located within San Benito County, California for the purpose of litigating all claims or disputes.

Waiver.
The failure of HF to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severed Provisions.
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Contacting Us.
For any questions or suggestions with our T&C, Website or Services, or to provide us with notice:

Hollister Fruits, Inc.

21 Hamilton Court, Hollister, CA 95023.

(831) 777-5540

LegalCounsel@HollisterFruits.com