B.F. MAZZEO Website Terms of Use and Notices

Last Updated: July 2007

1. THIS IS AN AGREEMENT BETWEEN YOU AND B.F. MAZZEO  

This is an agreement ("Agreement") between you and B.F. Mazzeo Corporation ("B.F. Mazzeo"). This Agreement governs your use of any Web site or Web page operated by B.F. Mazzeo (each, a "B.F. MAZZEO Web Site," and collectively, the "B.F. MAZZEO Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
B.F. MAZZEO OFFERS THE B.F. MAZZEO WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE B.F. MAZZEO WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW B.F. MAZZEO MAY MODIFY THIS AGREEMENT

B.F. Mazzeo reserves the right to change the terms, conditions, and notices under which it offers the B.F. MAZZEO Web Sites, including any charges associated with the use of the B.F. MAZZEO Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any B.F. MAZZEO Web Site. Your continued use of the B.F. MAZZEO Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any B.F. MAZZEO Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that B.F. MAZZEO Web Site, including without limitation, particular features or offers, If any terms contained in this Agreement conflict with any terms contained within a B.F. MAZZEO Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE B.F. MAZZEO WEB SITES

The B.F. MAZZEO Web Sites are only for your personal use. You will not use the B.F. MAZZEO Web Sites for commercial purposes. You will not use the B.F. MAZZEO Web Sites in any way that is unlawful, or harms B.F. Mazzeo, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "B.F. Mazzeo Party" and collectively, the "B.F. Mazzeo Parties") or any customer of a B.F. Mazzeo Party, as determined in B.F. Mazzeo's sole discretion. B.F. Mazzeo may tell you about certain specific harmful uses in a code of conduct or other notices available through a B.F. MAZZEO Web Site, but has no obligation to do so. You may not use the B.F. MAZZEO Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the B.F. MAZZEO Web Sites. Without limiting the generality of this section, you may not use the B.F. MAZZEO Web Sites in any manner that could damage, disable, overburden, or impair any B.F. MAZZEO Web Site (or the network(s) connected to any B.F. MAZZEO Web Site) or interfere with any other party's use and enjoyment of the B.F. MAZZEO Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the B.F. MAZZEO Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to B.F. Mazzeo related to the B.F. MAZZEO Web Sites (a "Submission"), you grant B.F. Mazzeo permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the B.F. MAZZEO Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. B.F. Mazzeo will not pay you for your Submission. B.F. Mazzeo may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, B.F. Mazzeo may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the B.F. Mazzeo Parties or any customer of a B.F. Mazzeo Party.

7. INFORMATION AVAILABLE FROM THE B.F. MAZZEO WEB SITES

B.F. Mazzeo and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the B.F. MAZZEO Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the B.F. MAZZEO Web Sites. B.F. Mazzeo and its suppliers do not authorize the use of information available from the B.F. MAZZEO Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. B.F. Mazzeo is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the B.F. MAZZEO Web Sites constitute an offer or solicitation to buy or sell any security. B.F. Mazzeo does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the B.F. MAZZEO Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

8. B.F. MAZZEO MAKES NO WARRANTY

B.F. MAZZEO PROVIDES THE B.F. MAZZEO WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE B.F. MAZZEO PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE B.F. MAZZEO PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE B.F. MAZZEO WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY B.F. MAZZEO PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE B.F. MAZZEO WEB SITES, EVEN IF SUCH B.F. MAZZEO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE B.F. MAZZEO WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY B.F. MAZZEO PARTY WITH RESPECT TO THIS AGREEMENT OR THE B.F. MAZZEO WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE B.F. MAZZEO WEB SITES.

10. CHANGES TO THE B.F. MAZZEO WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE B.F. MAZZEO PARTIES MAY CHANGE THE B.F. MAZZEO WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the B.F. MAZZEO Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by B.F. Mazzeo and persons other than B.F. Mazzeo (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE B.F. MAZZEO PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT B.F. MAZZEO IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE B.F. MAZZEO WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE B.F. MAZZEO WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE B.F. MAZZEO WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE B.F. MAZZEO WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

11. TERMINATION; ACCESS RESTRICTION

B.F. Mazzeo may terminate this Agreement, or terminate or suspend your access to the B.F. MAZZEO Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the B.F. MAZZEO Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE B.F. MAZZEO WEB SITES MAY NOT BE RETRIEVED LATER.

12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with B.F. Mazzeo Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a B.F. Mazzeo affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such B.F. Mazzeo affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject B.F. MAZZEO Web Sites are directed. If this Agreement is with B.F. Mazzeo Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA in all disputes arising out of or relating to the use of the B.F. MAZZEO Web Sites. If this Agreement is with a B.F. Mazzeo affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such B.F. Mazzeo affiliate in all disputes arising out of or relating to the use of the B.F. MAZZEO Web Sites.

13. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. B.F. Mazzeo may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the B.F. MAZZEO Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and B.F. Mazzeo with respect to the B.F. MAZZEO Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and B.F. Mazzeo with respect to the B.F. MAZZEO Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND B.F. MAZZEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE B.F. MAZZEO WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the B.F. MAZZEO Web Sites are Copyright © 2007 B.F. Mazzeo Fruit & Produce, Inc. and/or its suppliers, P.O. Box M, Chestnut Ave & New Rd, Northfield , NJ 08225 U.S.A. All rights reserved. B.F. Mazzeo, B.F. MAZZEO, B.F. MAZZEO logo (boy and dog), and/or other B.F. Mazzeo products and services referenced herein may also be either trademarks or registered trademarks of B.F. Mazzeo in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. All rights reserved.

16. THIRD PARTY ACCOUNT INFORMATION

By using the "My Account" service through the B.F. MAZZEO Web Sites, you authorize B.F. Mazzeo and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint B.F. Mazzeo and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting B.F. Mazzeo and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c )(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.