Terms and Conditions
Last revised: June 2020
1. Ownership of the Site
2. Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
In the event access to the Site or a portion thereof is limited requiring a user ID and password, you agree to access protected areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause.
3. Accuracy and Integrity of Information; Typographical Errors and Incorrect Pricing
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
4. Modifications to Products and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.
5. Online Payments
We may allow you to sign up for recurring subscriptions, which consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.
When you register for a recurring subscription, you expressly acknowledge and agree that (a) Company (or our third-party payment processor) is authorized to charge you on a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.
To cancel your subscription at any time, you may (i) log on to your account and follow the cancellation procedures there, (ii) send us a message at firstname.lastname@example.org and we will do it for you, (iii) Call +1 469 353 2707 and talk to one of our associates who can help you cancel, or (iv) send a cancellation request with your information to: DEFRUT USA Customer Service, 47460 Warren Pkwy, Frisco, TX 75034, EE. UU. If you cancel, you may use your subscription until the end of your then-current subscription term. If your subscription is cancelled for either of these reasons prior to your monthly renewal date you will not be charged for that month’s shipment. If your subscription is cancelled on or after your monthly renewal date you will not receive a refund for that month but will no longer be charged following your cancellation.
6. Order Acceptance; Order Cancellations
You can purchase products on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, then Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in you credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are
the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
7. Exchanges and Refunds, Quantity Limits and Sale Restrictions
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or
other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
8. Commercial Users
Exchanges and refunds are subject to our Exchange and Refund Policy. Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Company and its services.
9. Sales of Products in California
If you are a commercial entity or individual, such as a wholesaler, visiting the Site and/or purchasing products for purposes other than for personal use or consumption, and you share any personal information with the Company, then you hereby represent, warrant and covenant that:
(a) you have the authorization to share someone else’s personal information with us;
(b) all sharing of any information, including personal information, by you with Company is done in compliance with all applicable privacy and data security laws.
10. User Generated Content, Reviews, Feedback and other Postings to the Site
In accordance with California Business and Professions Code Section 17538 et al., Company’s return and refund policy is available here, the legal name under which Company conducts business is Insurgent Brands, and Company’s business address is DEFRUT USA LLC, 7460 Warren Pkwy, Frisco, TX 75034, EE. UU.. Within five (5) days of Company’s receipt of your request, California residents may receive verification of this information by email by contacting us at email@example.com.
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set
forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company reserves the right to monitor, edit, or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
Separate and apart from the User Generated Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Company, our Site and our products (collectively, "Ideas") either through a formal submission process or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Ideas are not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Ideas and have the authority to grant the rights to Company that you grant herein.
By submitting your Idea, you grant Company and its designees a worldwide, perpetual,
irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce,
prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license the Ideas and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Ideas, you hereby release Company and its agents and employees from any claims that such use violates any of your rights. Company shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Ideas or a similar ideas of its own.
From time to time, Company may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as an online personality, television or radio show host, please note that such individuals may have been compensated by Company for their statements.
12. Claims of Copyright Infringement
aim any responsibility or liability for copyrighted materials posted on the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending us a notice complying with the following requirements.
Identify the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material
is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to our General Counsel:
DEFRUT USA LLC (d/b/a DEFRUT USA)
7460 Warren Pkwy, Frisco, TX 75034, EE. UU.
13. Links to Other Websites
Company makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk.
14. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY
15. Limitation of Liability Regarding Use of Site
COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE (INCLUDING USER GENERATED CONTENT), AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH
RESPECT TO YOUR USE OF THE SITE IS $100 (ONE HUNDRED DOLLARS).
As permitted by applicable law, you agree to, and you hereby, defend (if we request),
or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity,
privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) third-party claims, damages, and expenses; (viii) access by anyone accessing the Site using your user ID and password; and (vii) Company’s use of the information that you submit to us (including your User Generated Content). You will cooperate as fully required by Company in the defense of any claims and losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all claims and losses. Company reserves the right to assume the exclusive defense and control of any claims and losses. You will not settle any claims and losses without, in each instance, the prior written consent of an officer of Company.
17. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
18. Applicable Law
These Terms will be governed by and construed in accordance with, and any dispute and will be resolved in accordance with, the laws of the State of Illinois without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
19. Investigations; Cooperation with Law Enforcement; Termination; Survival
21. International Issues
23. Severability; Interpretation