Terms Of Use

These Terms of Use ("Terms") apply to your use of www.fruitfriends.com web site, interactive features, applications, blogs, Facebook or other social networks (“Site”), managed by the Charles & Alice Inc. family of companies and websites ("we" or “our” or “us”).

We've designed our Site to be useful, informative, and fun. We hope we've succeeded -- and we hope you'll let us know how we can do better. All we ask in return is that you abide by the Terms of Use that follow. Please read them carefully, because when you use our Site, you automatically agree to them. Do not use the Site if you do not agree with any of the terms contained herein.

• You agree to use the Site for your own personal, non-commercial informational or entertainment purposes only
• All pages and content within this Site, including but not limited to, text, graphics, audio, video, photographs, logos or other materials are the intellectual property of, or are authorized for use by us, and our licensors, business partners, clients and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein.
• You may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.
• You agree not to modify, copy (except as set forth above), republish, upload, post, license, transmit, create derivative works from, or sell or distribute in any way any content unless you get our written consent first.
• You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material 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 any court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.
• You cannot use the Site to advertise or perform any commercial solicitation.

All remarks, suggestions, ideas, graphics, or other information that you communicate to us through this Site become and remain our property, even if you later discontinue using the Site. This means that:

• We don't have to treat any such submission as confidential.
• You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
• If we use them ― or anything like them ― we don't have to pay you or anyone else for them.
• We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make ― in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs.

It's very important for you to read the next two sections carefully -- so important, in fact, that the law actually requires us to put this material in capital letters.

LIABILITY

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS SITE. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

• USE OF (OR INABILITY TO USE) THE SITE,
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES,
• FAILURE OF PERFORMANCE,
• ERROR,
• OMISSION,
• INTERRUPTION,
• DEFECT,
• DELAY IN OPERATION OR TRANSMISSION,
• COMPUTER VIRUS,
• LINE FAILURE.

KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:

• DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
• DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
• OTHER MISCELLANEOUS DAMAGES AND/OR EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ―OR BOTH.

EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.

DISCLAIMER

THE MATERIAL IN OUR SITES IS PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW), WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.

THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:

• THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
• THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
• THAT DEFECTS WILL BE CORRECTED.
• THAT OUR SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN ADDITION TO THE ABOVE, YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

These Terms of Use are effective until terminated by either party. You may terminate this agreement at any time, by ceasing use of the Site and destroying all materials obtained from the Site, along with all related documentation and all copies and installations.

We may terminate these Terms of Use at any time and without notice to you if, in our sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from the Site, along with all related documentation and all copies and installations. In addition, by providing material on our Site, we do not in any way promise that the materials will remain available to you. And we are entitled to discontinue access to all or part of any of the Site at any time, without notice to you.

We may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you.

These Terms of Use and your use of the Site are governed by the laws of the State of Delaware, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.