Terms of Use - Boskovich Farms

TERMS AND CONDITIONS OF USE

BoskovichFarms.com

Last updated: June 11, 2021

Please read these terms and conditions carefully before using Our Website.

Legal Notices

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Boskovich Fresh Food Group, Inc. (“Boskovich”) makes available information, materials, and products on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. Boskovich reserves the right to change these terms and conditions from time to time at its sole discretion.

This site is controlled and operated by Boskovich from its offices within the County of Ventura, State of California, United States of America. Boskovich makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations within the U.S. or elsewhere do so on their own initiative and are responsible for compliance with all local laws, if and to the extent local laws are applicable. Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. By accessing this website, you and Boskovich agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof. You and Boskovich also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Ventura County and the United States District Court for the Central District of California with respect to such matters. Boskovich makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

Notices

Notices to you may be made via email, regular mail, notices posted on the BoskovichFrams.com website, or via changes to this Agreement from time to time.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: California, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Boskovich Fresh Food Group, Inc., PO Box 1352, Oxnard, CA 93032.

Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

Website refers to Boskovich Farms Website, accessible from “http://www.boskovichfarms.com/”

You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Links to Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website will cease immediately.

Disclaimers and Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or $10 USD if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

The information on this website is protected by copyright. This site is owned and operated by Boskovich. The works of authorship contained in this website in the domain “www.BoskovichFarms.com” (the “Boskovich Site”), including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by Boskovich, and may not be copied, reproduced, transmitted, displayed, performed, distributed, uploaded, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of Boskovich, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing Boskovich’s Copyright and Trademark Notices. Modification of the materials or use of the materials for any other purpose is a violation of Boskovich’s copyright and other proprietary rights.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Boskovich copyright, patent or trademark. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

Trademark Information

The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Boskovich or other third parties. You are not permitted to use the Marks without the prior written consent of Boskovich or such third party that may own the Marks. “Boskovich” is a registered trademark of Boskovich. Other product and company names mentioned herein may be the trademarks of their respective owners. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trademarks.

Privacy Statement

We take your privacy seriously. Please view our comprehensive privacy policy here: XXXXX.

BoskovichFarms.com may receive names, e-mail addresses and other personally identifying information only when personally submitted by users and customers of the BoskovichFarms.com website. These mechanisms allow users to ask specific questions (or make specific requests or merchandise orders) of Boskovich, or offer feedback, comments or suggestions about BoskovichFarms.com. This information is not gathered by Boskovich without users’ knowing, active permission and participation. The information submitted enables Boskovich to respond to user inquiries and fulfill users’ orders as well as obtain a measure of users’ needs, interests and ideas for future website development. Boskovich respects the privacy of users visiting BoskovichFARMS.com and does not sell any personally identifiable information to any third parties. However, Boskovich may contact users that provide information for market research. If you would like to change or delete any information that you have submitted to BoskovichFarms.com, please contact XXXX.

Use of Cookies

Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve the goods and services we offer. What are cookies? A cookie is a small data file that is transferred to your computer or mobile device. We may use both session cookies and persistent cookies to better understand how you interact with our website, to monitor aggregate usage by our users and web traffic routing on our website, and to customize and improve our goods and services. Although most web browsers automatically accept cookies, some browsers’ settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, some services may not function properly if you disable cookies. Cookies make web surfing easier for you by saving your preferences while you are at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard – you will find them at most major websites.

By showing how and when guests use a site, cookies help us see which areas of BoskovichFarms.comsystems.com are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our users needs.

Boskovich has two primary uses for its cookies. We use them to specify unique preferences. For example, users can specify keywords across several categories. This way you do not have to tell us more than once about the kinds of information you want to see. We also use cookies to track user trends and patterns. This helps us better understand and improve areas of the BoskovichFarms.comsystems.com website that our users find valuable. While both of these activities depend on the use of a “cookie,” visitors to the BOSKOVICH site always have the option of disabling cookies via their browser preferences.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of the BoskovichFarms.comsystems.com service will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences or you may have difficulty completing shopping transactions or entering contests.

You may occasionally get cookies from third parties. Boskovich does not control these cookies. The use of advertising cookies sent by third-party servers is typical in the Internet industry.

Links to Other websites

Users should be aware that when you go to BoskovichFarms.com, you may be able to link to other sites that are beyond our control. There are links to other sites from BoskovichFarms.com pages that take you outside our service. For example, if you “click” on a banner advertisement, the “click” removes you from the Boskovich site. This includes links from advertisers, sponsors and partners that may use Boskovich’s logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, or solicit personal information.

Boskovich makes no representation whatsoever regarding the content of any other websites that you may access from this site. When you access a non-Boskovich website, please understand that it is independent from Boskovich and that Boskovich has no control over the content on that website. A link to a non-Boskovich website does not mean that Boskovich endorses or accepts any responsibility for the content or use of such website. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Boskovich cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

BoskovichFarms.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from BoskovichFarms.com since they are owned and operated by independent retailers. BoskovichFarms.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Website.

You agree that the original English text shall prevail in the case of a dispute.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

If you have any questions about these Terms and Conditions, You can contact us:

By email: ContactPrivacyPolicy@boskovichfarms.com

By visiting this page on our website: “boskovichfarms.com/contact”

By phone number: XXX.XXX.XXXX

By mail: PO Box 1352, Oxnard, CA 93032

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Boskovich Fresh Food Group, Inc.

PO Box 1352, Oxnard, CA 93032