Privacy & Terms

DRISCOLL’S PRIVACY POLICY

Effective Date: [1.1.20]

Driscoll's, Inc., and its affiliated companies (“Driscoll’s,” “we,” “us,” or “our”) values the trust you place in us when you use Driscolls.com and our affiliated websites, mobile applications, and online services (collectively, the “Sites”). 
 
This privacy policy (“Privacy Policy” or “Policy”) explains how we collect, use, share and protect data and information about you when you visit the Sites that link to it. It also describes your choices and rights related to the information that we collect or is provided to us. This Policy does not cover how Driscoll's treats personal information obtained from other sources, such as offline, from other websites, or through email or written communications with us. This Policy also does not apply to the practices of companies that Driscoll's does not own or control, or to people that Driscoll's does not employ or manage.
 
By using the Sites or by otherwise giving us your information, you agree to this Privacy Policy.  If you do not agree to this Privacy Policy, do not use the Sites or provide us with any of your information.  In addition, please click here to review the Driscoll’s Terms of Use which govern your use of any of the Driscoll’s Sites. 
 
HOW WE COLLECT PERSONAL INFORMATION
 
We Collect Information Directly From You.
We collect personal information directly from you, such as when you register for our Sites, download our mobile apps, subscribe to receive our communications, update your account information, enter contests or sweepstakes, respond to surveys, rate or review products, contact us with questions or comments, apply for a job, connect with us through social networks, submit user generated content or participate in our online forums, promotions and social media platforms. This personal information can include your full name, username, password, email address, telephone number, physical or mailing addresses, month of birth and other information you may provide to us. It may also include other information, such as your attitudes and opinions about our products and the Sites or information you submit in connection with a job application. 
 
We Collect Information Automatically.
When you visit the Sites, we automatically collect certain types of information from you, including computer and connection information such as statistics on your page views, traffic to and from our Sites, referral URL, ad data, your IP address, and device identifiers. This information also may include your browsing history, transaction history, and your web log information. We may also collect information using tracking technologies such as cookies, web beacons, pixel tags and similar technologies. Learn more about these tracking tools and how you can control them in the "Tracking Technologies and Interest-Based Advertising" section, below.
 
We Collect Information About Your Location.
When you download or use our mobile apps or visit our Sites, we may receive information about your location and your mobile device, including a unique identifier for your device. Location information allows us to provide location-based services, such as advertising, search results, and other personalized content. Learn more about how to limit this collection in "Your Choices"
 
We Collect Information You Provide About Third Parties.
If you send someone else a communication from the Sites, such as sending an invitation to a friend, the information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise.  Please be aware that if you use any send-to-a-friend functionality through the Sites, your email address may be included in the communication sent to your friend. Please do not disclose any personal information relating to other people to us or to our service providers unless you have the authority to do so.
 
We Collect Information From Social Media.
When you interact with us or our Sites on a social media platform, we may collect the personal information that you make available to us on that page, including your account ID, username and other information included in your posts, such as your profile picture and comments and photos you post. We will only use such information for the same types of purposes described  in this Privacy Policy, however, your use of social media sites is primarily governed by the site operators’ privacy policies and terms of service, and the information you share with us and with others is largely controlled by the privacy settings you have established at those sites.
 
We Collect Information From Other Sources.
In some instances, we may combine your personal information with other information about you, such as combining your name with your geographic location or your browsing history. We also may combine personal information with information we receive about you from outside sources. For example, we may obtain publicly and/or commercially available demographic or profile information about you from third parties or receive device information from mobile applications. 

HOW WE USE YOUR INFORMATION.

We use the information we obtain about you for a variety of commercial and business purposes as described below. We may use the information from one portion of the Sites on other portions of the Sites, and we may combine information gathered from multiple portions of the Sites into a single record. We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. For information about how to manage your information and the choices you have, see "Your Choices" below.
 
We Use Information To Contact You.
We use the information we collect to respond to your questions and requests, to communicate with you about our relationship, to contact you about content you submit such as a job application or resume, or to share updates or notify you of events. We may use the information we collect to notify you of a promotion or to contact you if you are the winner of a contest or sweepstakes.
 
We Use Information To Improve Our Products And Services.
We use the information we collect to make our Site better or to customize your experience on our Site. We may occasionally ask you to complete surveys and opinion polls about your attitudes and interests so that we can provide better products and service.
 
We Use Information For Marketing Purposes.
We may use your information to send you information about features and enhancements on or to our Sites, or other advertisements, newsletters or other materials about our products and services, such as special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party. We may also use your information to administer contests, sweepstakes, promotions, and surveys. We will not send you unsolicited emails unless you have opted in for marketing communication or we are contacting you to follow-up on a specific request, issue, or communication you have initiated with us.
 
We Use Collected Information For Analytical Purposes.
We may aggregate and/or de-identify the information we collect to perform statistical, demographic, and marketing analyses of users of the Sites and their viewing usage patterns, but we do not match this data to any personally identifiable information. 
 
We Use Collected Information For Security Purposes Or Other Lawful Purposes.
We may use the information we collect to protect our company, our employees, our customers, and our Sites.
 

WHEN WE SHARE YOUR INFORMATION.

We share your personal information with third parties as described below. In addition, we may share information that does not specifically and personally identify you, such as aggregate information, device identifiers or other unique identifiers to third parties. For information about how to manage your information and the choices you have, see “Your Choices” below.

We Do Not Rent Or Sell Your Personal Information.
Driscoll's is not in the business of renting or selling information that you provide on the Sites and that personally identifies you to other people or to nonaffiliated companies.

We Share Information With Third Parties Who Perform Services On Our Behalf.
We work with trusted business partners who do work on our behalf, such as send emails for us, operate our Sites, or run promotions or surveys for us. We also engage service providers to perform a variety of services on our behalf, such as our sweepstakes and contest administrators, email and texting providers, loyalty program operators, technical support providers, customer service providers, delivery services, research and analytics providers, and employment-related services. Some of these entities may be located outside of the United States. If we share personal information with these third parties, we will require these third parties to maintain the confidentiality and security of your personal information, and they will be restricted from using or sharing such personal information in any way other than to provide the requested services to the Sites or as otherwise required by law.

We Share Information If Required By Law Or To Protect Our Rights.
We may share your information to respond to a court order or subpoena, or to otherwise cooperate with government or law enforcement agencies or officials. We may share your information to protect and defend our legal rights. We may also share your information if we believe it is necessary to investigate or prevent illegal activities, such as fraud, threats to the safety of any person, violations of this Policy or Driscoll's Terms of Use, or as otherwise required by law.

We May Share Information In The Case Of A Sale, Assignment, Or Change Of Control.
We may change our ownership or corporate organization while providing the Sites. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Under such circumstances, we would request the acquiring party to follow the practices described in this Policy. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

When You Post Content On The Sites, It May Be Shared With The Public.
Content that you post on the Sites, such as articles, recipes, blog posts, or survey answers may be publicly available and able to be seen, collected, and used by others. You should use care before posting information about yourself online. 
 
THIRD PARTY LINKS AND WEBSITES
 
We may provide links to other websites, services, and applications (e.g. Facebook, Twitter) that are not operated or controlled by us (“Third Party Sites”). These Third Party Sites also may include activity feed, social media buttons and widgets, such as “Like” or “Share This” buttons. This Policy does not apply to your use of Third Party Sites. You should review and understand the privacy practices of any Third Party Sites before using them and providing them with your information.
 
YOUR CHOICES
 
How to Access and Modify Your Information.
If you would like to correct or update the personal information that you have provided to us, please contact us. We cannot delete your personal information without removing you from rewards programs or other programs that for which you have signed up or entered. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
 
You Can Opt Out Of Receiving Our Marketing Emails.
When you sign up for our newsletter or rewards programs, you are required to provide us with an accurate e-mail address through which we may contact you. Such registration through our Sites constitutes your express acknowledgment that we may use your e-mail address to communicate with you about product offerings. To stop receiving our promotional emails, email us at unsubscribe@driscolls.com or follow the instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we may still contact you through email in response to your questions.
 
You Can Opt Out Of Some Location Tracking.
Most mobile devices allow you to control or disable the use of location services by any application on your mobile device through the device’s settings’ menu.
 
You Can Control Certain Cookies and Tracking Tools.
To learn how to manage cookies and other tracking tools used by Driscoll’s or on the Sites, see the "Tracking Technologies and Interest-Based Advertising"section below.
 
TRACKING TECHNOLOGIES AND INTEREST-BASED ADVERTISING
 
We Use Common Tracking Technologies.
Like many websites, we use tracking technologies such as cookies, web beacons and similar technologies to record your preferences, and track the use of our Sites. We may also use these technologies to monitor traffic, improve the Sites, and make the Sites easier to use and more relevant.
 
We partner with third-party advertising companies who also use these tracking tools to provide analytics about Sites or provide advertisements on other websites. These third parties may use these technologies to collect information about you when you use the Sites. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond the Sites. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. To learn more about the third-party collection and use of your information, please visit the  Network Advertising Initiative and the Digital Advertising Alliance.
 
Your Choices With Respect To Tracking Technologies And Interest-Based Ads.
You also have choices to limit some tracking mechanisms that collect information when you use the Sites. Your browser or device may include “Do Not Track” functionality. Our Sites are not built to respond to such Do Not Track signals. That means that even if your browser is set to “Do Not Track,” our information collection and disclosure practices (including the choices that we provide to customers) will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received. You may, however, limit online tracking as described in this section.
 
Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Sites, including the Sites themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.
 
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on our Sites. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Sites, compile reports on the Sites’ activity, and provide other services related to activity and usage on the Sites. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Sites do not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.
 
Many of the third party advertisers that place tracking tools on our Sites are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the websites for the  Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook’s ad preferences tool and privacy policy.
Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:
 
 
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Sites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. Choices you make are both browser and device-specific.
 
HOW WE SECURE YOUR INFORMATION
 
Driscoll's uses commercially reasonable organizational, technical and administrative means to protect your information, however, we cannot guarantee that your information will be 100% safe. You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information and/or any personal information that you transmit to us or view, download, or otherwise access when using unencrypted, public or otherwise unsecured networks.
 
OTHER IMPORTANT INFORMATION
 
Children Under 13:  Our Sites are intended for users over 13. If you are under 13, do not use or provide any information on the Sites. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
 
Users Outside of the United States: If you use our Sites outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the United States and elsewhere. The laws in the U.S. and these countries regarding personal information may be different than the laws of your state or country. The transfer of personal data from a Driscoll’s entity in the European Union to Driscoll’s,  Inc. is governed by the Privacy Shield to which Driscoll’s, Inc. shall adhere. See Driscoll’s Privacy Shield Policy for more details. 
 
Your California Privacy Rights: If you are a California resident, please see the Privacy Notice for California Residents for an explanation of additional rights you may have.  
 
QUESTIONS
 
If you have any questions related to this Policy or how your information is treated, please contact us via the Driscolls.com website or you may reach us directly by email at webmaster@driscolls.com; or by letter addressed to:
Driscoll’s
Attn: Customer Relations - Website
P.O. Box 50045
Watsonville, CA 95077-5045
 
UPDATES TO OUR PRIVACY POLICY
Please note that Driscoll’s may make changes to this Policy at any time. You should check back for the most current version before relying on any of the provisions in this Policy. We will provide notice of material changes to the Policy, either by posting a notice on the Sites, by sending an email, or some other reasonable method. Continuing to use the Sites after an updated Policy is posted means that you accept and consent to the changes.
 
 
 

DRISCOLL'S TERMS OF USE - UPDATED
Effective Date: January 1, 2020
Acceptance of the Terms of Use

 
Your use of the Driscolls, Inc. family of affiliated websites, applications, and online services on which these terms are posted (collectively, the “Sites”), and all features on the Sites, are subject to these Terms of Use (“Terms”), which is a legally binding contract between you and Driscoll’s, Inc. (“Driscoll’s”). These Terms govern your use of the Sites and do not apply to any offline activities by Driscoll’s (unless specifically stated).
Please read these Terms carefully before using the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by this reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Sites.  
 
In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to certain services, features, and programs offered via the Sites (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
 
Changes to the Terms and Sites
 
We may revise and update the Sites and these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Sites thereafter. It is your responsibility to check these Terms each time you use the Sites. Your continued use of the Sites following the posting of changes to the Terms means that you accept and agree to the changes. 
 
Driscoll’s may, in its sole discretion, and at any time, discontinue the Sites or any part of them, with or without notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that Driscoll’s will have no liability to you if the Sites are discontinued or your ability to access the Sites or any content you may have posted on the Sites is terminated.
 
Your Warranties and Responsibilities 
 
You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction where you reside and to comply with these Terms; (ii) all information you provide to Driscoll’s is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
 
YOU MAY NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO THE SITES MAY BE TERMINATED IMMEDIATELY IN DRISCOLL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS AND/OR ANY ADDITIONAL TERMS REGULATING YOUR USE OF THE SITES, OR FOR ANY OTHER REASON, OR FOR NO REASON.
 
Ownership of Driscoll’s Content
 
The Sites and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Driscoll’s Content”) are owned, controlled or licensed by Driscoll’s, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by U.S. and international copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Driscoll’s, no rights (either by implication, estoppel or otherwise) are granted to you. The Driscoll’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks or service marks of Driscoll’s or its affiliated companies or licensors. You must not use such marks without Driscoll’s prior written permission.  
 
License to Driscoll’s Content
 
Subject to your compliance with these Terms, Driscoll’s grants you a limited, non-exclusive, non-transferable, revocable license, without the right to sub-license, to use the Sites for your own personal and non-commercial use. Except as expressly provided herein, you are not granted any rights or licenses with respect to any of the Driscoll’s Content, and Driscoll's reserves all rights not expressly granted hereunder. The unauthorized copying, reproduction, transmitting, displaying, performing, sales or distribution of the Driscoll’s Content and all derivative works based on Driscoll’s Content, in whole or in part, either commercially or publicly, is a violation of the law and is prohibited. Driscoll’s makes no representation that the Sites or the Driscoll’s Content is appropriate or available for use in particular locations.
 
You expressly agree that you will not download, display or use any Driscoll’s Content located on the Sites for use (i) in any publications, (ii) in public performances, (iii) for public display including on websites other than the Sites, (iv) for any other commercial purpose, (v) in connection with products or services that are not affiliated with Driscoll’s, (vi) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Driscoll’s and/or its licensors, that dilutes the strength of Driscoll's or its licensor’s property, or (vii) that otherwise infringes Driscoll’s or its licensors’ intellectual property rights or the rights of third parties. You further agree to not misuse any Driscoll’s Content or other content that appears on the Sites in any other way.
 
Interactive Services and Submissions
 
The Sites may contain message boards, forums, profiles, recipe submission and review pages and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or persons content or materials, on or through the Sites or to Driscoll’s social media pages (“Submissions”). You acknowledge and agree that other than a thank you that you may receive, you will not receive any additional consideration by Driscoll’s for any Submission. The information you provide to Driscoll’s through your use of the Sites or any Interactive Services therein is governed by Driscoll’s Privacy Policy. Except as otherwise described in the Privacy Policy, you understand and agree that your Submissions will not be treated as confidential or proprietary and will not be returned. You also acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to Driscoll’s may be used by Driscoll’s anywhere, anytime, and for any reason whatsoever.
 
Driscoll’s License to User Submissions
 
By submitting, publishing, or otherwise posting any Submission to or through the Sites, you hereby grant Driscoll’s a non-exclusive, irrevocable, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Submission in any and all current or future forms of media without further consideration or the need to seek third party permission. This license includes the right to host, index, cache, distribute, and tag any Submission, as well as the right to sublicense Submissions to third parties, including other users, for use on other current or future forms of media or platforms, such as for use on mobile phones, in video or computer programs. You continue to retain all ownership rights in your Submission, and you continue to have the right to use your Submission in any way you choose, subject to these Terms and the license described in this paragraph. You represent and warrant that (i) that you own the material contained in the Submission or that you have the right to grant the license in this paragraph; (ii) displaying, publishing or posting the Submission, and Driscoll’s use of the Submission as allowed by this license does not and will not violate the privacy rights, publicity rights, or intellectual property rights of any person or entity; and (iii) your Submissions do and will comply with these Terms. Driscoll’s has no obligation to use any Submission.  
 
We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or another other user of the Sites. 
 
Posting Rules
 
Use of the Sites and all Submissions are governed by these Terms and subject to the following rules (collectively, the “Posting Rules”).  Driscoll’s may terminate your account if it believes, in its sole discretion, that you have violated any of these Posting Rules, these Terms, any law or for no reason at all. Driscoll’s reserves the right to monitor, though it may not necessarily do so, any and all messages, postings, or other Submissions sent or posted to the Sites, and reserves the right to remove or to refuse to post anything that Driscoll’s, in its sole discretion, views to be in violation of these Posting Rules, the law, or is otherwise inappropriate.
You understand and acknowledge that you will not:
• transmit software viruses, worms, Trojan horses, or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment, or use the Sites to do so;
• harm or threaten to harm Driscoll's, Driscoll’s personnel, any other user of the Sites or any other individual;
• pretend to be Driscoll's, Driscoll’s personnel, or otherwise misrepresent your identity or affiliation in any way;
• link to another website, unless you receive Driscoll's prior express written consent;
• violate or infringe anyone's intellectual property rights, rights of publicity or rights of privacy;
• interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, vulgar, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable or harmful as determined by Driscoll’s in its sole discretion; or
• upload, post, email, transmit or otherwise communicate any content that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing users to a location for more information about a product or service.

Copyright Complaints 
 
Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Driscoll’s has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy of this form, or call our 24 hour toll-free number at 1-800-871-3333. You may reach our Designated Agent at Driscoll’s, Attn: DMCA Agent, P. O. Box 50045, Watsonville, CA 95077-5045. The Notification Form must be fully completed to be effective. 
 
Account Registration 
 
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Sites or any features at all.  
 
If the Sites requires you to create an account or otherwise submit information, you must complete the specified process by providing Driscoll’s with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Driscoll’s immediately of any unauthorized use of your account. Driscoll’s is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Driscoll’s shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent activity associated with the Sites.
 
Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.
 
Promotions
 
The Sites may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of rules and may have eligibility requirements, such as certain age or geographic restrictions.  It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.  
 
Third Party Links and Content
 
There may be links from the Sites, or in communications you receive from the Sites, to third party websites. Accessing those third party sites requires you to leave the Sites. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. DRISCOLL’S ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF ANY THIRD PARTY SITE THAT YOU VISIT. DRISCOLL’S HEREBY DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.
 
Geographic Restrictions
 
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Driscoll’s to any registration requirement within such jurisdiction or country. Driscoll’s controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
 
Reliance on Information Posted

The information provided on or through the Sites is made available solely for general information purposes. Driscoll’s and its subsidiaries, affiliates and each of their employees, directors, officers, agents, contractors, licensors, and service providers (collectively, “Driscoll’s Parties”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Sites. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Driscoll’s or the Driscoll’s Parties. We disclaim all liability and responsibility arising from any reliance placed on such materials or information by you or any other visitor to the Sites or anyone who may be informed of their contents.
 
Disclaimer of Warranties
 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, INLCUDING, WITHOUT LIMITATION, ALL DRISCOLL’S CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE DRISCOLL'S PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITES AND THE DRISCOLL’S CONTENT. 
 
THE DRISCOLL’S PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE SITES (INCLUDING ANY SITES UPDATES) WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE SITES, (INCLUDING ANY SITES UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE SITES (INCLUDING ANY SITES UPDATES) WILL BE CORRECTED; OR THAT THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR MALWARE.   
 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
 
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE DRISCOLL’S CONTENT OR THE SITES IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.
 
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 
Limitation of Liability
 
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE DRISCOLL'S PARTIES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, INCLUDING ANY CONTENT OR SERVICES ON THE SITES OR WEBSITES LINKED TO THE SITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE
SITES.
 
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR THE DRISCOLL’S CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR CONTENT.
 
Indemnification
 
BY ACCESSING THE SITES, REGISTERING WITH THE SITES, AND/OR ACCEPTING OR PROVIDING ANY INFORMATION FROM OR TO THE SITES, YOU AGREE TO DEFEND (IF REQUESTED BY DRISCOLL’S), INDEMNIFYAND HOLD THE DRISCOLL’S PARTIES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SITES OR THE DRISCOLL’S CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SITES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; OR (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; OR (I) DRISCOLL’S USE OF THE SUBMISSIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DRISCOLL’S DEFENSE OF ANY CLAIM. DRISCOLL’S RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DRISCOLL’S.
 
Entire Agreement
 
These Terms constitute the entire agreement between you and Driscoll’s and govern your use of the Sites, superseding any prior agreements between you and Driscoll’s, whether written or oral, relating to the foregoing.
 
Waiver and Severability
 
If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms. In the event that any provision of these Terms shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of these Terms shall continue in full force and effect. The failure of Driscoll’s to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 
 
Limitation on Time to File Claims; No Class Action
 
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Sites and/or these Terms will be resolved individually, without resort to any form of class action.
 
Governing Law; Third Party Disputes
 
By using the Sites, you agree that these Terms and the relationship between you and Driscoll’s is governed by the laws of the State of California, without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state's laws. All disputes in relation thereto shall be subject to the exclusive jurisdiction of the federal courts located in the State of California.
 
In the event that you have a dispute with another user or other party related to the Sites, you release Driscoll’s (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 
Force Majeure
 
Driscoll’s is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
 
Termination
 
Driscoll’s reserves the right to terminate your access to and use of the Sites at any time, in its sole discretion, without notice and liability, including, without limitation, if Driscoll’s believes your conduct fails to conform with these Terms. Driscoll’s also reserves the right to investigate suspected violations of these Terms. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Sites, or upon demand from Driscoll’s, all rights granted to you under these Terms will cease immediately, and you agree that you will: (i) immediately discontinue use of the Sites, including links to the Sites; and (ii) destroy all Driscoll’s Content obtained from the Sites and all related documentation. If these Terms or your permission to use the Sites is terminated by Driscoll’s for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Sites and anything relating to or arising from such use.
 
Contact Us
 
In the event of a complaint or concern regarding these Terms or the Sites, or for more information, please contact Driscoll’s by email at webmaster@driscolls.com or write us at P. O. Box 50045, Watsonville, CA 95077-5045.

DRISCOLLS.COM TERMS OF USE

Effective: [8.31.16]

Your use of Driscolls.com and our affiliated websites, applications, and online services on which these terms are posted (collectively, the “Sites”), and all of the features on the Sites, are subject to these Terms of Use (“Terms”), which is a legally binding contract between you and Driscoll’s, Inc. (“Driscoll’s”). Please read these Terms carefully before using the Sites. If you do not agree to these Terms, then you may not use the Sites.

Your use of the Sites, including browsing through the Sites, constitutes your acknowledgement that you have the legal authority to enter into a contract on your own behalf, or on behalf of any party you represent, and is your acceptance of these Terms. This includes, but is not limited to, conducting this transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of California law. Information collection and use, including the use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.[WH2] You acknowledge that you have read and agree to be bound by these Terms and to comply with all applicable laws, regulations and/or rules with regard to your use of the Site.

From time to time, we may update the Sites and these Terms. It is your responsibility to check these Terms each time you use the Sites. Your continued use of the Sites following the posting of changes to the Terms means that you accept and agree to the changes. Driscoll’s may, in its sole discretion, and at any time, discontinue the Sites or any part of them, with or without notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that Driscoll’s will have no liability to you if the Sites are discontinued or your ability to access the Sites or any content you may have posted on the Sites is terminated.

YOU MAY NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO THE SITES MAY BE TERMINATED IMMEDIATELY IN DRISCOLL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS AND/OR ANY ADDITIONAL TERMS REGULATING YOUR USE OF THE SITES, OR FOR ANY OTHER REASON, OR FOR NO REASON.

1. OWNERSHIP AND LICENSE GRANT.

1.1 "Driscoll’s Content" means all visual, written, audible or otherwise perceivable data, information or material including, without limitation: any text, images, logos, trademarks, service marks, slogans, graphics, photos, animation, music, sound, artwork, video, layouts, recipes, files, products or program names, compilations thereof, or the coordination, selection and arrangement thereof, or any other material contained within the Sites that is provided by Driscoll’s or its licensors. Driscoll’s Content is owned by Driscoll's, its licensors, its agents, or its content providers and is protected by United States and international copyright, trademark and other intellectual property laws. All marks, logos, and designs appearing on the Sites are registered trademarks or trademarks of Driscoll's, unless otherwise indicated.

1.2 License to Driscoll’s Content. Subject to these Terms, Driscoll’s grants you a limited, non-exclusive, non-transferable, revocable license, without the right to sub-license, to use the Sites for your own personal and non-commercial use. Except as expressly provided herein, you are not granted any rights or licenses with respect to any of the Driscoll’s Content, and Driscoll's reserves all rights not expressly granted hereunder. The unauthorized copying, reproduction, transmitting, displaying, performing, sales or distribution of the Driscoll’s Content and all derivative works based on Driscoll’s Content, in whole or in part, either commercially or publicly, is a violation of the law and is prohibited. Driscoll’s makes no representation that the Sites or the Driscoll’s Content is appropriate or available for use in particular locations.

You expressly agree that you will not download, display or use any Driscoll’s Content located on the Sites for use (i) in any publications, (ii) in public performances, (iii) for public display including on websites other than the Sites, (iv) for any other commercial purpose, (v) in connection with products or services that are not affiliated with Driscoll’s, (vi) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Driscoll’s and/or its licensors, that dilutes the strength of Driscoll's or its licensor’s property, or (vii) that otherwise infringes Driscoll’s or its licensors’ intellectual property rights or the rights of third parties. You further agree to not misuse any Driscoll’s Content or other content that appears on the Sites in any other way.

1.3 "Submission" means all content, information, ideas, comments, suggestions, photos, recipes, posts, concepts or other materials you submit to Driscoll's in any manner including but not limited to submission to the Sites or to any Driscoll’s social media page, conversation or hashtag.  You acknowledge and agree that other than a thank you that you may receive, you will not receive any additional consideration by Driscoll’s for any Submission. The information that you provide to Driscoll’s through the use of the Sites or through any Submissions are governed by Driscoll’s Privacy Policy. You understand and agree that any ideas or other communications you transmit to Driscoll’s in any manner, including by using the Sites, or for any reason will not be treated as confidential or proprietary. You also acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to Driscoll’s may be used by Driscoll’s anywhere, anytime, and for any reason whatsoever.

By submitting, publishing, or otherwise posting any Submission to or through the Sites, you hereby grant Driscoll’s a non-exclusive, irrevocable, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Submission in any and all current or future forms of media without further consideration or the need to seek third party permission. This license includes the right to host, index, cache, distribute, and tag any Submission, as well as the right to sublicense Submissions to third parties, including other users, for use on other current or future forms of media or platforms, such as for use on mobile phones, in video or computer programs. You continue to retain all ownership rights in your Submission, and you continue to have the right to use your Submission in any way you choose, subject to these Terms and the license described in this paragraph. You represent and warrant that you own the material contained in the Submission or that you have the right to grant the license in this paragraph, and that displaying, publishing or posting the Submission, and Driscoll’s use of the Submission as allowed by this license does not and will not violate the privacy rights, publicity rights, or intellectual property rights of any person or entity. Driscoll’s has no obligation to use any Submission.

2. YOUR OBLIGATIONS & CONDUCT.

2.1 Posting Rules. Use of the Sites and all Submissions are governed by these Terms and subject to the following rules (“Posting Rules”). Driscoll’s may terminate your account if it believes, in its sole discretion, that you have violated any of these Posting Rules, these Terms, any law or for no reason at all. Driscoll’s reserves the right to monitor, though it may not necessarily do so, any and all messages, postings, or other Submissions sent or posted to the Sites, and reserves the right to remove or to refuse to post anything that Driscoll’s, in its sole discretion, views to be in violation of these Posting Rules, the law, or is otherwise inappropriate.

You understand and acknowledge that you will not:

  • transmit software viruses, worms, Trojan horses, or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment, or use the Sites to do so;
  • harm or threaten to harm Driscoll's, Driscoll’s personnel, any other user of the Sites or any other individual;
  • pretend to be Driscoll's, Driscoll’s personnel, or otherwise misrepresent your identity or affiliation in any way;
  • link to another website, unless you receive Driscoll's prior express written consent;
  • violate or infringe anyone's intellectual property rights, rights of publicity or rights of privacy;
  • interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, vulgar, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable or harmful as determined by Driscoll’s in its sole discretion; or
  • upload, post, email, transmit or otherwise communicate any content that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing users to a location for more information about a product or service.

2.2 Claim of Intellectual Property Infringement. Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Driscoll’s has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy of this form, or call our 24 hour toll-free number at 1-800-871-3333. You may reach our Designated Agent at Driscoll’s, Attn: DMCA Agent, P. O. Box 50045, Watsonville, CA 95077-5045. The Notification Form must be fully completed to be effective.

3. ACCOUNTS, PASSWORDS, AND SECURITY. Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Sites or any features at all.

You understand that certain offers, services and features that may be available on the Sites may be subject to additional specific terms and conditions. This may include loyalty and rewards programs. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Sites and not on mobile app version(s) of the Sites, and vice versa.

If the Sites requires you to create an account or otherwise submit information, you must complete the specified process by providing Driscoll’s with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Driscoll’s immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Sites. Driscoll’s is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Driscoll’s shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent activity associated with the Sites.

Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You agree that Driscoll’s and Driscoll’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Sites access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Sites. You grant Driscoll’s the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Driscoll’s believes you may be interested, including working with third parties who provide targeted advertising content.

4. DISCLAIMERS.

Driscoll’s and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Driscoll’s Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Sites. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Driscoll’s or the Driscoll’s Affiliates.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITES AND THE DRISCOLL’S CONTENT. DRISCOLL’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE SITES (INCLUDING ANY SITES UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES, (INCLUDING ANY SITES UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES (INCLUDING ANY SITES UPDATES) WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE DRISCOLL’S CONTENT OR THE SITES IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.

5. LIMITATION OF LIABILITY

5.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITES.

5.2 Links To Third Party Sites. Any links to the internet sites of third parties are provided solely for your convenience and such sites are not owned, controlled, or operated by Driscoll's. Driscoll's has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites. If you click through to a third party site, you do so at your own risk.

5.3 Performance Limitations. Driscoll’s and the Driscoll’s Affiliates are not responsible for any resulting damage to any user’s device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Driscoll’s or the Driscoll’s Affiliates any information or posting information to the Sites. Driscoll’s and the Driscoll’s Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Sites. The Sites may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.

5.4 INDEMNITY. BY ACCESSING THE SITES, REGISTERING WITH THE SITES, AND/OR ACCEPTING OR PROVIDING ANY INFORMATION FROM OR TO THE SITES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DRISCOLL’S AND THE DRISCOLL’S AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SITES OR THE DRISCOLL’S CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SITES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; OR (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; OR (I) DRISCOLL’S USE OF THE SUBMISSIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DRISCOLL’S DEFENSE OF ANY CLAIM. DRISCOLL’S RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DRISCOLL’S.

5.5 NOT MEDICAL ADVICE. INFORMATION PROVIDED ON THE SITES ABOUT TESTS, CONDITIONS, DIAGNOSES, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE SITES DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. USE OF THE SITES IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE SITES SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITES.

6. MISCELLANEOUS.

6.1 These Terms constitute the entire agreement between you and Driscoll’s and governs your use of the Sites, superseding any prior agreements between you and Driscoll’s, whether written or oral, relating to the foregoing.

6.2 If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms. In the event that any provision of these Terms shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of these Terms shall continue in full force and effect. The failure of Driscoll’s to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Sites and/or these Terms will be resolved individually, without resort to any form of class action.

6.3 By using the Sites, you agree that these Terms and the relationship between you and Driscoll’s is governed by the laws of the State of California, without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state's laws. All disputes in relation thereto shall be subject to the non-exclusive jurisdiction of the federal courts located in the State of California.

6.4 In the event that you have a dispute with another user or other party related to the Sites, you release Driscoll’s (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.5 Driscoll’s is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

6.6 If these Terms or your permission to use the Sites is terminated by Driscoll’s for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Sites and anything relating to or arising from such use. If you are dissatisfied with the Sites or with these Terms or the Privacy Policy, then your sole and exclusive remedy is to discontinue using the Sites.

6.7 In the event of a complaint or concern regarding these Terms or the Sites, or for more information, please contact Driscoll’s by email at webmaster@driscolls.com or write us at P. O. Box 50045, Watsonville, CA 95077-5045.

All rights not granted herein are expressly reserved to Driscoll’s, Inc.