Terms of Use

1. Acceptance and Modification of the Terms of Use  

1.1 Your access and use of the websites (the “Websites”) of Smartfruit Inc. (“Smartfruit”), which may includes Smartfruit’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us. 

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarize yourself with any changes.

2. Copyright and Intellectual Property 

2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Smartfruit or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. 

2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

3. Use of the Websites 

3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Smartfruit. 

3.2 Smartfruit neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

4. Information Deemed Non-Confidential 

4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Smartfruit invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information. 

4.2 Any other information or material communicated to Smartfruit through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Smartfruit and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Smartfruit is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else. 

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Smartfruit’s use will not violate any third party’s rights. Smartfruit is under no obligation to use the information provided.

5. Disclaimer of Warranties 

5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 

5.2 Smartfruit DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR. 

5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

5.4 Any advise or information, be it oral or written, obtained from Smartfruit or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability 

6.1 You access, use, browse and navigate on our Websites at your own risk and peril. 

6.2 YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Smartfruit, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Smartfruit), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT. 

6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Smartfruit assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems. 

6.4 Smartfruit reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Smartfruit accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Smartfruit or any third party.

7. Change of Information 

The content of our Websites may contain inaccuracies or errors. Smartfruit reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. Availability of Products / Services 

Our Websites may contain information on Smartfruit’s worldwide products and services, not all of which are available in every location. A reference to a Smartfruit product or service on the Websites does not imply that such product or service is or will be available at your location.

9. Links to Third Party Websites 

9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Smartfruit. Smartfruit shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions. 

9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Smartfruit.

10. Miscellaneous 

10.1 The present Terms of Use embody the entire agreement concluded between Smartfruit and yourself concerning the access and the use of the Websites and its content. Any other terms or conditions issued by Smartfruit and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use. 

10.2 The fact that Smartfruit tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights. 

10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Smartfruit. 

10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner. 

10.5 You agree that any dispute or claim arising out of your use of our Websites or any products sold on our Website, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

*There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use. *

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and Smartfruit agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.

To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Smartfruit by mailing it to insert address pursuant to the JAMS instructions. Smartfruit will bear the cost of your initial filing fee.

You and Smartfruit each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Smartfruit each waive any right to a jury trial. You and Smartfruit also both agree that you or Smartfruit may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

© 2019 Smartfruit, Inc. All rights reserved.