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Terms Of Use

  This website ("calavo.com") ("Site") is controlled or maintained by Calavo Growers, Inc. ("Calavo"). By using our Site, participants ("Participant”, "you", “your” or “user") agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions"). Calavo reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Site shall be subject to the current guidelines. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site.

SITE CONTENT COPYRIGHTED

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 Calavo®. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited.

Calavo grants Participant a non-exclusive, non-assignable, non-transferable, and revocable license ("License") to use and display, for personal and noncommercial use only, one copy of any material provided on our Site specifically for the purpose of downloading by Participant ("Download Material"). Participant agrees to maintain all copyright and other notices contained in such Download Material. Participant further agrees not to alter or modify the Download Material in any way. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by us at any time.

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 Site. No permission is granted to you to use Calavo® icons, site address, or other means to hyperlink other internet site with any page in the Calavo® Site, and we assume no responsibility for any other party's site hyperlinked to the Calavo® Site or in which any part of the Calavo® Site has been hyperlinked.

NONENDORSEMENT

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

LINKED SITES

Our Site may contain links to other websites that are not controlled or maintained by Calavo®. While we try to include only links to those sites which are in good taste and safe for our visitors, you agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk. We encourage you to note when you leave our Site and to read the terms of use of such other websites. Any inclusion of such links in the Calavo® Site does not imply Calavos’ endorsement of the linked site or their content. Calavo® reserves the right to disable links from third party sites to our Site.

RULES OF CONDUCT

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

You will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material, or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability.

Participant shall not use our Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.

SUBMISSIONS

Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Site via e-mail or any means that we may create or provide in the future will become the property of Calavo® throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature. You further agree not to use our Site, the Content, or any products or services included on or available through our Site for any unlawful purpose.

LIMITATION OF LIABILITY

CALAVO® AND ITS SUBSIDIARIES, PARTNERS, AGENTS, LICENSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION 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, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that Calavo® is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and that Calavo® reserves the right to remove such materials from the Site without liability.

INDEMNIFICATIONCalavo®, and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of your agreements under these Terms and Conditions.

PRIVACY

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 clicking here.

INFRINGEMENT AND REGULATORY COMPLAINTS

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Site in violation of any applicable federal, state, or local laws.

DISCLAIMER OF WARRANTIES

OUR SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. CALAVO® AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INTERNATIONAL USE

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 Untied 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 shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California, County of Los Angeles. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use our Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

CONTACT INFORMATION

If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any Personally Identifiable Information you have provided, you can contact us at:

    Calavo Growers, Inc.
    Attn: Website Services
    PO Box 751
    Santa Paula, CA 93061
    1-800-4Calavo
INFORMATION UPDATES

The information published on this Site was valid at the time of publication. Calavo® reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.

Updated: 01/10/07

 


Calavo owns valuable exclusive trademarks internationally that represent Calavo Growers, Inc. and its products and services.
Do not manufacture, distribute, or sell merchandise bearing the Calavo trademark, including the Calavo logo without prior
written authorization from Calavo Growers, Inc.