01/01/2019
TERMS AND CONDITIONS
Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between you and Quirch Foods LLC. (the “Company”, “we” or “us”). Your access to, browsing of or use of this web site (the “Site”) is subject to the following terms and conditions (the “Terms and Conditions”) as well as all applicable laws. Please read the Terms and Conditions carefully. By accessing, browsing or using the Site, you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions and our Privacy Policy . If you do not agree to the Terms and Conditions or the Privacy Policy, then please do not access, browse or use the Site.
Changes to the Terms and Conditions
We may revise and update the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.
Copyright
All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Site are Copyright ©2019, Quirch Foods LLC., a Florida corporation. All rights reserved. You should assume that the underlying code and everything you see or read on the Site (collectively, the “Information”) is copyrighted unless otherwise noted. The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of the Company. The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non-commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company. You may not use any type of automated method of retrieving data from the Site, nor access, acquire, copy or monitor the Site or the Information, nor in any way reproduce or circumvent the navigational structure or presentation of the Site or the Information. You may not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site without the prior written consent of the Company.
Trademarks
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company or such third party
that may own the Trademarks displayed on the Site. The Trademarks displayed on the Site may not be used other than in accordance with the Terms and Conditions. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Prohibited Activities
The Information, as well as the infrastructure used to provide such Information, is proprietary to the Company or the Company’s suppliers and providers. You agree not to: (a) use the Site or the Information for any commercial purpose; (b) access, monitor or copy any Information using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of the Company; (c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site; (d) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; (e) deep-link to any portion of the Site for any purpose without the prior written consent of the Company; or (f) “frame,” “mirror” or otherwise incorporate any part of the Site into any other website without the prior written consent of the Company.
Errors and Omissions
Although the Company uses its best efforts to provide Information that is accurate and up to date at the time it is posted, the Company assumes no liability or responsibility for any errors or omissions in the Information. The Information may contain technical inaccuracies, typographical errors or information that may have become outdated over time. While the Company may revise the Information from time to time, the Company does not undertake, and hereby disclaims, the duty to correct, keep current or update the Information.
THE COMPANY IS PROVIDING THE SITE AND THE INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Liability
Your access to, browsing of or use of the Site is at your own risk.
NEITHER THE COMPANY NOR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER
LIABILITIES, INCLUDING, WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA, SOFTWARE OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR ACTION OR INACTION IN RELIANCE ON THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO OR HEREFROM.
Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.
Indemnification
As a condition to accessing, browsing or using our Site, you agree to indemnify and hold harmless the Company, its affiliates and its and their respective directors, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with claims resulting from or otherwise in connection with your access to or use of our Site, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the Terms and Conditions.
Products and Services on the Site
The products and services described on the Site may not be available in all geographic areas. Not all persons or entities are eligible for all of the products and services described on the Site. The Company reserves the right to determine, in its sole discretion, the eligibility for any such product or service. The Company may at any time and without notice make changes in, temporarily suspend or permanently discontinue the products or services described on the Site.
Cookies
The Company may set and access cookies on your computer. A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Site to serve the user with specific information tied to the user and help facilitate ongoing access to our Site. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site.
Off-Site Links
The third-party sites hyperlinked to or from the Site are not under the control of the Company. The Company has not reviewed any or all of the third-party sites hyperlinked to or from the Site. The Company does not make any representations or warranties regarding, and is not responsible for, the content or accuracy of any third-party sites hyperlinked to or from the Site. The products and services which can be accessed, purchased or obtained through such third-party sites are from persons or entities other than the Company. The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products. If you chose to hyperlink to or from any third-party site hyperlinked to or from the Site, then doing so shall be at your own risk and the Company recommends that you carefully review such third-party sites’ terms and conditions and security and privacy policies, as they may differ from those of the Company.
Information About You and Your Visits to the Site
All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and agree to it.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with the Terms and Conditions. You agree not to use the Site (i) in any way that violates any applicable federal, state, local, or international law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions, (iv) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, (v) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Prohibited Jurisdictions
The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Site to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.
Choice of Law, Jurisdiction, and Venue
The Site, the Information, the Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Site, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of Miami-Dade County, Florida or in the United States District Court situated in Miami, Florida. All parties hereby consent to personal jurisdiction in the State of Florida, acknowledge that venue is proper in the courts of Miami-Dade County, Florida or in the United States District Court situated in Miami, Florida, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
Amendments
The Company may at any time and without notice revise the Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. You should also know that the Company continuously revises the Information.
Severability
In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.
Contact Information
If you have any questions, comments or concerns about the Terms and Conditions, then you may contact us in the following ways:
Mailing Address: Quirch Foods, LLC. Attn: Customer Service 2701 S. Le Jeune Road 12th Floor
Coral Gables, FL 33134
Email Address: info@quirchfoods.com
Phone Number: 1-800-458-5252