Terms & Conditions
As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Amafruits.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Amafruits.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If amafruits.com becomes aware of any communication that allegedly does not conform to these Terms and Conditions, Amafruits.com may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. Amafruits.com has no liability or responsibility to you for performance or nonperformance of such activities. Amafruits.com reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Third Party Links
We may provide online links to third party web sites; however, these links are provided as a convenience only and should not be considered as an Amafruits LLC endorsement of the site, the party that maintains the site or the Products, service or information on the site. Such links to third party sites will take you out of our website. We are not responsible for the contents of any linked site, or any link contained in a linked site, any changes or updates to such sites, or the use of your information by the operators of such site. You agree that Amafruits LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with any third party site that you find or link to through amafruits.com.
Ordering Information and Payment Methods
We are not liable for orders that we cannot fulfill due to causes beyond our control or for incomplete or inaccurate information being supplied by you or someone acting for you, including your Internet service provider, at the time your order is placed. Such information includes but is not limited to partial or incorrect credit card or payment information. For your convenience, we accept the following forms of payment for your online purchases at amafruits.com: MasterCard, Visa, Discover and American Express. You may purchase multiple Products in a single order.
Your use of this website is at your risk. Amafruits.com does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. Amafruits.com does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. Amafruits.com reserves the right to correct any errors on this website. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, amafruits.com is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. Amafruits.com makes no warranties about the accuracy, reliability, completeness, or timeliness of the material contained on this website, or about its software, text, graphics, and links, or results to be obtained from using the website. Amafruits.com does not make any representation about the quality of any Product, services, information or other material purchased or obtained by you via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
Neither amafruits.com nor any other party involved in creating, producing, or delivering this website shall be liable for any direct, special, incidental, consequential, or indirect damages resulting from your access to, or use of, or inability to use this website and our content, whether based on warranty, contract, tort or any other legal theory, and whether or not amafruits.com is advised of the possibility of such damages. Please note that some jurisdictions ay not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Errors on Our Website
We make every effort to ensure that the information on amafruits.com is accurate, complete and current. Despite our efforts, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product’s price or availability. Amafruits LLC makes no warranty or guarantee that the information on amafruits.com is error-free, complete, or current. We reserve the right to correct errors and/or update the content on amafruits.com at any time without notice. Amafruits LLC also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
Limitations and Exclusions
We reserve the right to change prices, terms, specifications and warranties without notice. Online sales are intended for, and limited to, personal use and domestic sales only. For any online purchase of a tax-exempt item during a sales tax holiday period, by completing the purchase, you certify that the item is being purchased for personal use only and you agree to assume liability for the applicable tax if the item is used for other than personal use. If you are purchasing Products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. We will not ship to foreign locations. Warranties for exported Products may vary or be null and void. We reserve the right to limit the number of Products sold, including the right to prohibit sales to re-sellers. Prices do not include shipping, tax and insurance. In no event shall Amafruits LLC, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
Use of Materials on This Website
Amafruits.com maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) (“Content”) is the property of Amafruits.com and its licensors and partners. Without amafruits.com’s prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page.
Amafruits.com controls and operates this website from its home offices in Orland Park, Illinois, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Cook County, Illinois, and you hereby agree to submit to the personal jurisdiction of such courts.
We may revise these terms and conditions at any time by updating the Amafruits.com Web site. These terms will be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Cook County, California, and you hereby agree to submit to the personal jurisdiction of such courts.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of Amafruits LLC and others. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Amafruits LLC or such third party that may own the Trademarks displayed on this website. Your use of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
You agree that amafruits.com may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of amafruits.com or any third party, or for any reason with or without notice to you. You agree that amafruits.com may modify or discontinue this website, with or without notice to you. You agree that amafruits.com will not be liable to you or any third party as a result of such modification or discontinuation. The provisions within this Agreement will survive termination of this Agreement to use our website.
All content on this site is the property of Amafruits LLC or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of Amafruits LLC or its software suppliers and protected by U.S. and international copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Copyright 2010 Amafruits LLC. All Rights Reserved. Rev. 7/1/2010.