USER AGREEMENT AND DISCLAIMER
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and use of Ciruli Brothers, L.L.C.’s Internet and associated Intranet sites is subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis as they are subject to modification, alteration or update at any time and at Ciruli Brothers, L.L.C.s’ sole discretion. If you do not agree to any term or condition, you should not use this site.
I. COPYRIGHT NOTICE
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyrighted by Ciruli Brothers, L.L.C. (“Ciruli Brothers”). All rights reserved.
II. TRADEMARKS NOTICE
Ciruli Brothers and Champagne® Mango are trademarks. Ciruli Brothers does not authorize the use of any trade name, trademark, registered trademark, logo or any copyrighted material referenced herein.
III. RESTRICTIONS ON USE
Ciruli Brothers hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display one copy of any documents and related graphics available from this server, provided that: (1) this User Agreement and Disclaimer page is included therein; (2) use of the materials available from this server is for information purposes only; and (3) no graphics available from this server are used separate from accompanying text. Modification or use of the materials in any other context or for any other purpose violates Ciruli Brothers’ intellectual property rights. No permission is granted to you to use the materials to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason. Ciruli Brothers reserves all rights not expressly granted herein.
IV. THIRD PARTY SITES
Ciruli Brothers may from time to time provide links and pointers to Internet sites maintained by third parties (“third party sites”) and it may from time to time provide third party materials on this Web Site. These third party sites and any third party materials are provided for your convenience only. Ciruli Brothers does not operate or control in any respect any information, products or services available on these third party sites and Ciruli Brothers is not responsible for their content. Ciruli Brothers makes no representations whatsoever concerning the content of these sites and the fact that Ciruli Brothers has provided a link to such sites is NOT an endorsement, authorization, sponsorship or affiliation by Ciruli Brothers with respect to such sites, its owners or its providers. You access these sites at your own risk.
There are certain risks in using any information, software or products found on the Internet; and Ciruli Brothers cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet. Visitors to Ciruli Brothers’ Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. If misleading, inaccurate or otherwise inappropriate information is brought to the attention of Ciruli Brothers, a reasonable effort will be made to fix or remove it.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE’S CONTENT, CIRULI BROTHERS DOES NOT WARRANT OR REPRESENT THAT THIS SITE’S CONTENT IS ACCURATE, COMPLETE OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW CIRULI BROTHERS DISCLAIMS ALL WARRANTIEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VI. LIMITATION OF LIABILITY
Ciruli Brothers is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall Ciruli Brothers be liable for any special, direct, indirect, incidental or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the www.cirulibrothers.com, www.champagnemango.com, or www.iloveeggplant.com Web Sites. Notwithstanding the above, in no event shall Ciruli Brothers’ total liability to you for any and all claims, damages, losses and causes of action exceed the amount paid by you, if any, for accessing this site.
VII. COMMUNICATIONS AND SUBMISSIONS
Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, 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. You acknowledge that you are solely responsible for whatever material or communication you submit to this Web Site, and you, not Ciruli Brothers, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
VIII. JURISDICTION AND CHOICE-OF-LAW
Ciruli Brothers operates this Web Site from its offices located in Rio Rico, Arizona, United States of America. Any legal action regarding this Agreement or this Web Site shall be brought in Santa Cruz County, the State of Arizona or Federal Courts located within the State of Arizona and by using this site you consent to personal jurisdiction within theses courts.
Ciruli Brothers or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Ciruli Brothers may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from Ciruli Brothers’ Web Site(s).
The headings in this Agreement are for reference purposes only and have no legal effect. If any portion of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall remain in effect.
BY ENTERING THE WWW.CIRULIBROTHERS.COM, WWW.CHAMPAGNEMANGO.COM, OR WWW.ILOVEEGGPLANT.COM WEB SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF THESE WEB SITES, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. YOU ALSO AGREE TO HOLD CIRULI BROTHERS, L.C.C. AND ITS MEMBERS, AFILIATES, REPRESENTATIVES, AND AGENTS HARMLESS FROM ANY CLAIM, COMPLAINT OR DAMAGES ARISING OUT OF OR IN CONNECTIONS WITH YOUR USE OF WWW.CIRULIBROTHERS.COM, WWW.CHAMPAGNEMANGO.COM, OR WWW.ILOVEEGGPLANT.COM.