Effective Date: January 1, 2020
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
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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 firstname.lastname@example.org or write us at P. O. Box 50045, Watsonville, CA 95077-5045.