Restrictions on use of materials
In the event you download software from this Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you, on a personal, non-exclusive, non-assignable and non-transferable basis by IVFH or the applicable affiliated entity, as applicable, for your personal, noncommercial home use only. Neither IVFH, nor the applicable affiliated entity, transfers title to the Software to you. You may own the medium on which the Software is recorded, but we retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Users of this Website shall not use this Website: (a) for commercial or political purposes; (b) for collection of information or content by technological devices such as robots, spiders, spyware, software extraction tools, etc.; (c) for collection of meta tags or hidden text utilizing trademarks; (d) in an illegal manner; or (e) in a way that interferes with enjoyment of this Website by others.
Registration and Use
Some services on this Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by this Website’s registration processes (the “Registration Data”). You shall not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph nor will you give permission to any other person to impersonate you, or use your username, password or other account information, or your name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Website. In addition, you agree to exit from your account at the end of each session.
You must be at least eighteen years old in order to register for this Website and each person may only establish one account. The use of any links to this Website from any other website is absolutely forbidden unless establishment of the link is approved in advance by us in writing. Similarly, you may not frame any elements of this Website with any other website without our prior written consent.
We control and operate this Website from our offices in the State of Florida, U.S.A. We make no representations that materials on this Website are appropriate or available for use in any particular location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The supply of services and software through this Website may be subject to United States export control and economic sanctions requirements. By acquiring any such items through this Website, you represent and warrant that your acquisition comports with, and your use of the item will comport with, those requirements. Without limiting the foregoing, you may not acquire services or software through this website if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or (b) you intend to supply the acquired services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Limitations on messages and their ownership
The information and opinions expressed in any Message Boards, Chat Rooms or any other area located on this Website where information or opinions are expressed or discussed (collectively, “Forums”) are not necessarily those of IVFH or any affiliated entities, and we make no representations or warranties regarding that information or those opinions. Moreover, we are not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such Forums. You irrevocably agree not to upload, transmit, distribute or otherwise publish through such Forums any content that we determine, in our sole discretion, is inappropriate, derogatory, indecent, obscene, pornographic, rude, abusive, threatening, hateful, tortious, defamatory, slanderous or libelous, or which violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights (including but not limited to copyrights and trademark rights), or which promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or which is in fact, unlawful, illegal, or in violation of or contrary to the laws or regulations of any applicable jurisdiction (all of the above collectively, “Unauthorized Material”).
While we do not and cannot review every message posted by users in the Forums and we are not responsible for the content of these messages, we reserve the right to delete, move, or edit messages that, in our sole discretion, we deem Unauthorized Material or otherwise unacceptable. However, you understand and agree (by your continued presence on the Site) that you may nonetheless be exposed to such inappropriate material and you accept that risk. To the extent any visitor to the Site posts a message on a Forum, we will own such message and we shall have the absolute right, throughout the universe, in perpetuity, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute the submission or incorporate the submission into any form, medium, product or technology now known or later developed.
Disruption of Service
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this Website. Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things, (i) hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; (ii) software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; (iii) overload of system capacities; (iv) damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; (v) interruption (whether partial or total) of power supplies or other utility of service; (vi) strike or other stoppage (whether partial or total) of labor; (vii) governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or (viii) any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, we will not be liable for any loss you may suffer as a result thereof.
Disclaimer of warranties
THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS ARISING IN TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE LEGAL THEORY, SHALL IVFH OR ANY OF THEIR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR MATERIALS OR FUNCTIONS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and governing law
If you believe that any material on this Website violates your intellectual property rights, please notify us as soon as possible by sending an email to email@example.com, or by contacting our agent (listed below) with the following information in accordance with Section 512(c) of the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our agent may be contacted at:
Innovative Food Holdings, Inc.
28411 Race Track Road
Bonita Springs, Florida 34135
We reserve the right to remove, at our sole discretion, any and all content on our Website alleged to be infringing or otherwise illegal without prior notice.