Your access to and continued use of the UltimateCitrus.com, LLC web site at www.ultimatecitrus.com ("Site") constitutes your acceptance of and compliance with the following provisions. If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. The last revision date for these terms and conditions is January 3, 2007.
1. Reserved Rights and Grant of Limited License
a. Copyright © 2007 UltimateCitrus.com, LLC All rights reserved
b. As a user of the Site, you are granted a limited license to use (display or print) short extracts of the data and information available on the Site (collectively, the "Information") for your own personal noncommercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished or redisseminated in any manner or form without the prior written consent of UltimateCitrus.com, LLC
c. UltimateCitrus.com, LLC will take appropriate legal action to enforce its rights.
2. No Endorsement
a. The Site may contain links to other sites. These links are provided as references to help you identify and locate Internet resources that may be of interest. These other sites were independently developed by parties other than UltimateCitrus.com, LLC, and UltimateCitrus.com, LLC does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, UltimateCitrus.com, LLC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
b. A link to another site should not be construed to mean that UltimateCitrus.com, LLC is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link, the description of the link to such other sites, or any intellectual property at or referred to at such other site.
c. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.
3. No Advice or Warranties
a. Information provided on the Site is believed to be reliable when posted. However, UltimateCitrus.com, LLC does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. UltimateCitrus.com, LLC assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice.
b. ULTIMATECITRUS.COM, LLC AND ITS SUPPLIERS PROVIDE THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ULTIMATECITRUS.COM, LLC AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UltimateCitrus.com, LLC assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
c. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ULTIMATECITRUS.COM, LLC MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4. No Liability
a. UltimateCitrus.com, LLC is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the Information, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.
b. UltimateCitrus.com, LLC disclaims any liability for unauthorized use or reproduction of any portion of the Site. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
a. Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of UltimateCitrus.com, LLC or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by UltimateCitrus.com, LLC or other entities.
6. Confidentiality Warning
a. Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. UltimateCitrus.com, LLC will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information or personal data that you make to UltimateCitrus.com, LLC through the Internet, or that you expressly or implicitly authorize UltimateCitrus.com, LLC to make, or for any errors or any changes made to any transmitted information.
b. All information submitted to UltimateCitrus.com, LLC via the Site shall be deemed to be and remain the property of UltimateCitrus.com, LLC and UltimateCitrus.com, LLC shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to UltimateCitrus.com, LLC through the Site or sent through email. UltimateCitrus.com, LLC shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by UltimateCitrus.com, LLC or required by law.
7. Personal Information
b. UltimateCitrus.com, LLC respects your privacy. UltimateCitrus.com, LLC will not sell, rent or distribute information collected about you from the Site to third parties.
c. UltimateCitrus.com, LLC will use the information to provide you with personalized services and experiences and may use the information to offer specific promotions or relevant information, including the delivery of samples of UltimateCitrus.com, LLC products as and when you may request.
8. Computer Viruses
a. While every effort is made to ensure that all Information does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of Information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word procession documents is loaded into certain word procession programs.
9. Responsibility for Content and Use of Site
a. All information, data, text, messages or other materials ("Content"), whether privately transmitted or otherwise, are the sole responsibility of the person from which such Content originated. This means that you, and not UltimateCitrus.com, LLC, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. Under no circumstances will UltimateCitrus.com, LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted by you via the Site.
b. You agree to not use the Site to:
I - upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
II - harm minors in any way;
III - impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
IV - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
V - upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
VI - upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
VII - upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
VIII - upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
IX - disrupt or otherwise act in a manner that negatively affects other users' ability to use the Site;
X - interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
XI - intentionally or unintentionally violate any applicable local, provincial, federal, or international law, any rules of any national or other commodities or securities exchange, and any regulations having the force of law;
XII - "stalk" or otherwise harass another; or
XIII - store personal data about UltimateCitrus.com, LLC employees or agents or other users.
c. You acknowledge and agree that UltimateCitrus.com, LLC may preserve Content which you post, email or transmit via the Site and may also disclose such Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any such Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of UltimateCitrus.com, LLC, the Site's users and the public.
d. You understand that the technical processing and transmission of the Site, including Content which you post, email or transmit via the Site, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
e. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of the country in which you reside in connection with the Site.
f. You agree that UltimateCitrus.com, LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content which you have posted, emailed or transmitted, for any reason, including, without limitation, for lack of use or if UltimateCitrus.com, LLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. UltimateCitrus.com, LLC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that UltimateCitrus.com, LLC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that UltimateCitrus.com, LLC shall not be liable to you or any third party for any termination of your access to the Site.
10. Choice of Law
a. The laws of the State of Florida shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws, provisions of your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the Federal and State courts located in the County of Lee, Fort Myers, in any action or proceeding instituted under or related to this Agreement.
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