WELCOME TO GELARDIPRODUCECOMPANY.COM!
YOUR GELARDI PRODUCE COMPANY ACCOUNT
By completing the Gelardi Produce Company registration process, you represent that you are at least 18 years old. Upon acceptance of your account registration, Gelardi Produce Company will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by Gelardi Produce Company and the password provided to you or that you select for your account. You agree that the use of your Gelardi Produce Company user ID and password (collectively, the "Password") shall be considered the equivalent of your written signature. Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us) and may not be shared with third parties. Sharing the Password with third parties violates the business relationship between you, the Customer, and Gelardi Produce Company. You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. Your account may be terminated if you or anyone else uses it in violation of this Agreement or any Gelardi Produce Company usage policies that may be posted on the Site, which policies are hereby made part of this Agreement. You agree to notify Gelardi Produce Company immediately of any unauthorized use of your account or any other breach of security of which you become aware. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. Gelardi Produce Company reserves the right to add additional security measures related to passwords. Gelardi Produce Company may deactivate accounts that are inactive and reject any application for a Gelardi Produce Company account for any reason.
USING OUR SERVICES
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may not use the Site in any manner that could disable, overburden, or impair any Gelardi Produce Company server, or interfere with any other person's use and enjoyment of the Site, other computer systems or networks connected to any Gelardi Produce Company server or to the Site, through hacking, password mining or any other means. You agree that you will not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You may use our Services only as permitted by law, including local, state, federal or international laws or regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Access to the Site may be denied or limited by Gelardi Produce Company, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at Gelardi Produce Company' discretion, and Gelardi Produce Company shall have no liability for such occurrences.
You agree that any order to purchase products and/or services from Gelardi Produce Company placed using the Site constitutes a binding offer to purchase which Gelardi Produce Company may accept or reject. Gelardi Produce Company will provide you with an electronic notice confirming receipt of your order. Gelardi Produce Company acceptance of an order will be indicated by the order invoice. Gelardi Produce Company reserves the right to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
PAYMENT FOR ORDERS
Should collection activities be undertaken by Gelardi Produce Company to collect amounts owed by you on a delinquent account, you will be responsible for all fees and costs associated with such collection activities, including reasonable attorney fees, court costs, and as liquidated damages, the amount charged by a collection agency for its collection services in an amount not to exceed fifty percent (50%) of the delinquent account balance.
TERMINATION AND CANCELLATION
This Agreement will continue to be effective until you or Gelardi Produce Company terminates it. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. Gelardi Produce Company may terminate this Agreement immediately and without notice if Gelardi Produce Company decides that you have failed to comply with any term or condition of this Agreement or if Gelardi Produce Company decides to modify the terms and conditions governing future use of the Site.
OWNERSHIP, TRADEMARK, AND COPYRIGHT
You agree and acknowledge that Gelardi Produce Company is the owner of the Site and its materials. You will not do anything that might impair or damage those rights. The Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of material on the Site may violate such laws. No links may be established to any part of the Site and no information on the Site may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on this Site (collectively, the "Marks"), are registered and unregistered trademarks of, and owned by, Gelardi Produce Company. You may not use any of the Marks displayed on the Site, or any other content on the Site except as provided in the Terms. Any other use is strictly prohibited. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in the Terms. If you modify or use the Marks for any other purpose you will be violating the intellectual property rights of Gelardi Produce Company.
HOW GELARDI PRODUCE COMPANY TREATS YOUR INFORMATION
We do not disclose or sell personal information about users of the Site (such as name, address or e-mail address) to third parties; however, Gelardi Produce Company may disclose aggregate information regarding its users, including information regarding their usage of the Site to third parties. Further, Gelardi Produce Company may disclose personal information regarding its users if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on the Site; (b) protect or defend the rights or property of Gelardi Produce Company, the Site, or the users of the Site, and/or (c) protect the personal safety of users of the Site or the public under exigent circumstances.
Gelardi Produce Company will take commercially reasonable steps to protect and secure any user-specific information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GELARDI PRODUCE COMPANY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. WHEN PERMITTED BY LAW, GELARDI PRODUCE COMPANY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF GELARDI PRODUCE COMPANY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW.
UPDATES TO POLICY
INDEMNIFICATION, ARBITRATION, AND GOVERNING LAW
By accessing and using the Site, you agree to indemnify, defend and hold Gelardi Produce Company from any and all liabilities, claims, losses - including attorney fees - due to use of the Site or your violation of the Terms or any local, state, federal or international laws or regulations. Gelardi Produce Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association (AAA) under their rules and procedures. The arbitration shall be held telephonically or at a location determined by the AAA. The number of arbitrators shall be one. Your claim shall be arbitrated on an individual basis. If any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then the same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including the warranty disclaimers and liability limitations set forth in this Agreement, 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 shall continue in effect. Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site, or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues. Any failure by Gelardi Produce Company to enforce any of its rights under the Terms or under applicable law shall not constitute a waiver of such rights.
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