TERMS OF
SERVICE
PLEASE
READ THESE TERMS AND CONDITIONS BEFORE USING THIS SERVICE. BY CONTINUING
TO USE THE SITE, YOU AGREE TO THE TERMS OF USE.
1. INTRODUCTION
Welcome to verdefood.com (the “Site”). Invictus
Unlimited, LLC dba Verde Food (“we”, “us” or “our”) provides the Site and the
information and services offered on the Site to you, subject to the following
Terms of Use (“TOU”). By using the Site, you agree to be bound by these TOU. We
may, in our sole discretion, modify these TOU with or without notice to you.
Please continue to periodically review these TOU when using the Site. By
continuing to access and use the Site after these TOU have been modified, you
are agreeing to such modifications. In addition, when using particular services
or features on the Site, you shall be subject to any posted guidelines or rules
applicable to such services or features that may be posted from time to time,
including, without limitation, any new features or functionality (including,
without limitation, video and related projects) that augment or enhance the
services or features. All such guidelines or rules are hereby incorporated by
reference into these TOU.
2. DESCRIPTION OF SERVICE
The Site and the information, features and services
available through the Site may be referred to herein collectively as the
“Service”. Unless explicitly stated otherwise, any new features or services
that augment or enhance the Service in the future shall be considered part of
the Service and subject to these TOU. The Service is provided primarily for
informational purposes, and is not guaranteed. We shall not be responsible or
liable for the accuracy, completeness, usefulness or availability of any information
or other content, data, text, URLs, graphics, audio and video clips,
advertising or any other materials (collectively, the “Content”) transmitted or
made available via the Service. We shall not be responsible or liable for any
decisions made in reliance on such information.
3. REGISTRATION
You may be required to register for and create an account
with the Service in order to access certain information and features offered
through the Service. As part of the registration and account creation process,
you will select a password and provide us with certain registration
information. You are solely responsible for maintaining the confidentiality of
your password(s) and for all usage or activity on your account, including the
use of your account by any person using your password(s). If you choose to
register with the Service or otherwise provide personal or other information to
the Service, you agree to (a) provide true, accurate, current and complete
information about yourself as prompted by the Service’s registration form or
other areas of the Service, and (b) maintain and promptly update such
information to keep it true, accurate, current and complete. If you provide any
information to us that is untrue, inaccurate, not current or incomplete, or if
we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
As a condition of using the Service, you agree to the terms of Verde Food’s Privacy
Policy, which may be updated from time to time. Any personal or other
information you provide to us is subject to our Privacy Policy. A current
version of the privacy policy may be viewed at verdefood.com.
4. THIRD PARTY WEBSITES
The Service may provide links to websites or resources
outside of the Site. Because we have no control over external sites and
resources, you acknowledge and agree that we are not responsible for the
availability of such sites or resources, and do not endorse and are not
responsible or liable for any Content, advertising, goods, services or other
materials on, available through or provided by such sites or resources. Your
correspondence or business dealings with, or participation in promotions of,
any websites that you find or link to through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such websites. You agree that we shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of links to such websites on the Service.
5. CONNECTING TO SOCIAL MEDIA WEBSITES
If you choose to use social media connect functions on the
Site, you acknowledge and agree to abide by the relevant terms and conditions
of each respective social media website that we may utilize. The terms and
conditions for the social media websites may be found on each respective social
media website.
This function is intended to enable us to connect with
social media websites so that you can send newsfeeds about your activities to
each of these websites. Such social media websites may also be able to
use information about action you take on our Site.
However, note that where you choose to publish information
on the interactive parts of our Site outside of these privacy settings, or in
any way other than through a social media website, that information will not be
protected by us. It is information in the public domain, which may be
accessed by any person using the Web in any part of the world and can be found
using independent search engines. If you choose to post information to
the interactive parts of our Site in this manner, you do so at your own risk.
IN
ADDITION, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE
AVAILABILITY OF THESE WEBSITES, OR ANY OTHER SOCIAL MEDIA WEBSITES THAT WE MAY
ADD TO THE CONNECT FUNCTION, AND DO NOT ENDORSE AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY CONTENT, ADVERTISING, GOODS, SERVICES OR OTHER MATERIALS ON,
AVAILABLE THROUGH OR PROVIDED BY SUCH WEBSITES OR RESOURCES.
6. SUBMISSIONS
While we are always happy to hear from you, it is our
policy not to accept or consider creative materials, ideas, or suggestions
other than those we specifically request. This is to avoid any
misunderstandings if your ideas are similar to those we have developed
independently. Therefore we must request that you do not send to us any
original creative materials such as images, original artwork, etc. Any
communication or material you do transmit to the Site by email or otherwise
will be treated as non-confidential and non-proprietary.
You shall be solely responsible for your own submissions,
the emailing or posting of any content including, without limitations,
photographs, illustrations, audio and video clips and the consequences
thereof. You or a third party licensor, as appropriate, shall retain all
patent, trademark and copyright to any Content you submit, email, post or
display on or through the Service and you are responsible for protecting those
rights and obtaining the required consents and authorizations, as appropriate.
By emailing or posting any submission and Content to the Site or to us, you
hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable,
transferable, royalty free and perpetual license to use or publish such
submission and Content for any purpose, including, without limitations,
reproduction, modification, disclosure, transmission, publication,
distribution, creation of derivative works, broadcast and posting in any form,
medium or technology throughout the world and in perpetuity without restriction
or compensation to you. We are free to use, at our sole discretion, any
ideas, concepts, know-how, or techniques contained in any Content or
communication you send or submit to the Site or to us for any purpose
whatsoever including, but not limited to, developing, manufacturing and
marketing products using such information.
Any URLS with “http://” submitted or posted with any
comments and/or Content on the Site, or any blog, forum or public place made
available on the Site, will automatically be made hotlinked. If any such
posted links appear to have been included solely for the purpose of increasing
SEO, we reserve the right to delete them from the Site at our sole
discretion. Any comment and/or content posted on the Site with more than
four (4) links posted will risk being marked as comment spam. In addition,
all trackbacks will be treated in accordance with these TOU.
You agree that you will use the Service in compliance with
all applicable laws, rules and regulations. In addition, by submitting or
posting any Content, you represent and warrant that you own or otherwise
control all of the rights to the Content that you submit, email or post; that
all “moral rights” that you may have in such Content have been voluntarily
waived by you; that the Content is accurate; and that use of the Content
you supply does not violate this policy and will not cause injury to any person
or entity. You agree to indemnify us and our affiliates for all claims of
every kind and nature, known or unknown, resulting from (a) a breach of your
representations, warranties or obligations set forth herein, (b) your actions
or Content you supply, or (c) violation of any law or the rights of a third
party, and hold us and our affiliates harmless from and against all damages,
losses and expenses of any kind (including reasonable legal fees and costs)
related to such claims. Furthermore, we reserve the right to refuse,
accept, post, display, change, condense, delete or transmit any Content in our
sole discretion.
We do not guarantee that you will have any recourse through
us or our affiliates to edit or delete any Content you have submitted. We
reserve the right to remove or to refuse to post any submission or Content for
any reason. You acknowledge that you, not Verde Food, are responsible for
the contents of your submission. None of the Content that you submit
shall be subject to any obligation of confidence on the part of Verde Food, its
agents, parent, subsidiaries, affiliates, partners or third party service
providers and their respective directors, officers and employees.
By submitting your email address in connection with your
submission or posting of any content, you agree that Verde Food and its third
party service providers may use your email address to contact you about the
status of your submission and other administrative purposes.
7. POSTINGS/USER
CONDUCT
Although we may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards, and the like on
the Service, we are under no obligation to do so and assume no responsibility
or liability arising from the content of any such locations nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information within such
locations on the Service. You are prohibited from posting or transmitting any content
or material that is, or may reasonably be considered to be, abusive, offensive,
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
hateful, racially or religiously biased or offensive, pornographic, or of a
sexual nature, profane, illegal, threatening, harassing, intimidating to any
person or entity that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law. We will fully cooperate with any law enforcement authorities
or court order requesting or directing us to disclose the identity of anyone
posting or transmitting any such information or materials.
You may not use the Service or the Site to:
· interfere with any other user’s use of the Service;
· conduct any unlawful activity;
· intentionally solicit or harm minors in any way;
· misrepresent your own identity or any affiliation that you
may have;
· modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the Service, Site or Content;
· alter or remove any copyright, trademark or other
proprietary rights notices;
· “frame,” “mirror,” or “deep link” any part of the Site or
Content;
· link to any page within the Site or Content from any
website or webpage that makes any claims as to the curative or health enhancing
powers of any substance, whether or not such substance is produced, marketed,
sold or distributed by us.
We will not take responsibility or be liable for the
conduct of any person who uses the Site, or for any loss or damage suffered by
person as a result of the use of the Site.
8. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that we shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
9. TERMINATION
We reserve the right, in our sole discretion, immediately
and without notice to suspend or terminate these TOU, your account (if you have
registered) and/or your ability to access the Site, for any reason including
any breach by you of these TOU or conduct by you that we determine to be
inappropriate. Without limiting the foregoing, if you post any images or
Content to the Site that infringes the copyright of any third party, such
conduct shall be grounds for immediate termination of your account.
10. OUR
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service (the “Software”) contain
proprietary and/or confidential information, Content and other materials that
are protected by applicable intellectual property and other laws (including,
without limitation, copyrights, trademarks, service marks and patents). You
acknowledge that you do not acquire any ownership rights in any intellectual
property through your use of the Site. Except as expressly authorized by
us, you agree not to modify, rent, lease, loan, sell, distribute, create
derivative works based on, or otherwise use the Software, the Service or any
Content contained thereon, in whole or in part. In addition, you may not copy,
reproduce, republish, upload, post, transmit or distribute materials from the
Site in any way or manner without our prior written permission.
Verde Food, accompanying logos, trade dresses and all other
intellectual property on the Site are owned by Invictus Unlimited, LLC or its
affiliates.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT,
SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE
INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH
THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
WE MAKE NO
WARRANTY THAT (i) THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS
OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR
PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SERVICE WILL BE CORRECTED.
c.
ANY MATERIAL
OBTAINED FROM OR THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH
MATERIAL.
d.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING
TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
14. NO PERSONAL ADVICE OR ENDORSEMENTS
THE SITE
AND ITS CONTENT (INCLUDING ANY POSTINGS, COMMENTS, EMAILS OR INFORMATION
PROVIDED BY USERS) ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND
IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL,
MEDICAL, LEGAL OR OTHER ADVICE. IN ADDITION TO THE DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 11, 12 AND 13 ABOVE, WE AND OUR
AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND
ALL LIABILITY IN CONNECTION WITH ANY HEALTH CLAIMS OR INFORMATION OFFERED OR
PROVIDED BY USERS OF THE SITE. ANY SUCH HEALTH CLAIMS OR INFORMATION
OFFERED OR PROVIDED BY USERS ARE NOT TESTED, SUBSTANTIATED OR ENDORSED BY US
AND INDIVIDUAL RESULTS MAY VARY AND MAY NOT BE TYPICAL FOR INDIVIDUAL CONSUMERS.
15. NOTICE
The Service may provide notices to you including, without
limitation, notices of changes to these TOU or other matters by displaying such
notices or links to such notices to you generally on the Service.
16.
DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content
used in connection with the Service for the inclusion of illegal or
impermissible content. However, we respect the copyright interests of
others. It is our policy not to permit materials known by us to infringe
another party’s copyright to remain on the Site.
If you believe that your work has been copied in a way that
constitutes copyright infringement, you should provide us with written notice
that contains the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act
(“DMCA”), 17 U.S.C. 512: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit us to locate the material; (d)
information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number and, if available, an email address
at which the complaining party may be contacted; (e) a statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent or the
law; and (f) a statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
Invictus Unlimited, LLC
5600 Venice Ave NE
Albuquerque, NM 87113
info@verdefood.com
17.
DISPUTE RESOLUTION
Binding Arbitration
The sole and exclusive jurisdiction and venue for resolving
any controversy or claim arising out of or relating to the TOU or the Service,
including, without limitation, any dispute with respect to this arbitration
provision, any claim in tort, or any claim for violation of any federal, state
or local statute, or ordinance or regulation (collectively, “Disputes”), shall
be through confidential binding arbitration in Santa Fe, New Mexico. The
arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules
applicable to such disputes shall be in force, and judgment or the award
rendered by the arbitrator may be entered by any court having jurisdiction
thereof. There shall be one arbitrator to be mutually selected by the parties,
and if the parties cannot so select, the arbitrator shall be appointed by JAMS.
The fees of the arbitrator, administrative fees, and the other fees and costs
of the arbitration, including, but not limited to, the cost of any record or
transcripts of the arbitration, shall be advanced by the parties to the
arbitration in equal portions, and, in addition thereto, each such party shall
advance the fees of its own attorneys, the expenses of its witnesses and all
other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE
RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR
CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all
Disputes shall be resolved by confidential binding arbitration on an individual
basis. You expressly agree that no other Disputes shall be consolidated
or joined with your Dispute, whether through class arbitration proceedings or
otherwise (“Class Arbitration”). You further acknowledge and agree that
any arbitrator assigned to a Dispute lacks the authority to conduct Class
Arbitration and that such arbitrator shall only hear individual Disputes.
By using the Site and the Service, you acknowledge that you are voluntarily and
knowingly waiving any right to participate as a representative or member of any
class of claimants pertaining to any Dispute subject to arbitration under this
TOU, such that you shall not be entitled to arbitrate any Dispute as a
representative, a class action or in a private attorney general capacity.
18. GENERAL INFORMATION
These TOU constitute the entire agreement between you and
us and govern your use of the Service, superseding any prior agreements between
you and us. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. These TOU and the relationship between you and us shall be governed
by the laws of the State of New Mexico without regard to its conflict of law
provisions. Unless otherwise provided herein, you and we agree to submit to the
personal and exclusive jurisdiction and venue of the courts located within the
state of New Mexico. Any failure on our part to exercise or enforce any right
or provision of these TOU shall not constitute a waiver of such right or
provision. If any provision of these TOU is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these TOU remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or
these TOU must be filed within one (1) year after such claim or cause of action
arose or be forever barred.