Terms of Use

1. You Agree to These Terms by Using this Site

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and
Fortunato Fruits are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

2. Ownership of Content

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Fortunato Fruits or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of
Fortunato Fruits or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that
Fortunato Fruits will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. Your Use of the Site

Fortunato Fruits grants you permission to use the Site as follows:

• with the exception of images or graphics, you may download Content, but only for non-commercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
• you may not use images or graphics without Fortunato Fruits' written permission;
• you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Fortunato Fruits' written permission;
• you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law - Fortunato Fruits will fully cooperate with any law enforcement authorities or any court order requesting or directing Fortunato Fruits to disclose the identity of anyone posting or transmitting any such information or materials; and
• you are prohibited from using the Site to advertise or perform any commercial solicitation.

4. Privacy

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Fortunato Fruits in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing,
Fortunato Fruits neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Fortunato Fruits assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

6. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE FORTUNATO FRUITS COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

7. Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than The Fortunato Fruits Company. Such links are provided for your convenience only. Fortunato Fruits does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Fortunato Fruits specifically disclaims any responsibility if such sites:

• infringe any third party's intellectual property rights;
• are inaccurate, incomplete or misleading;
• are not merchantable or fit for a particular purpose;
• do not provide adequate security;
• contain viruses or other items of a destructive nature; or
• are libellous or defamatory.

Neither does Fortunato Fruits endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of The Fortunato Fruits Company.

8. Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements". Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Fortunato Fruits historical experience and our present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Fortunato Fruits undertakes no obligation to publicly update or revise any forward-looking statements.

9. Revisions to the Terms

Fortunato Fruits may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

10. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the Province of British Columbia, Canada, without regard to its choice of law provisions. The law courts of the Province of British Columbia, Canada, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.