|
Edible
Ojai
Welcome
to our Edible Ojai website. Following are the terms and conditions
that govern your use of this site. THESE TERMS AND CONDITIONS
OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Edible
Ojai. PLEASE READ THIS AGREEMENT ("AGREEMENT") IN
ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD
ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE YOU MUST IMMEDIATLY DISCONTINUE USING THE SITE.
Ownership
of This Website This website is owned and operated by Edible
Ojai, a division of Elements Omnimedia, LLC. All of the content
featured or displayed on this website, including, but not
limited to, text, graphics, photographs images, illustrations
and software ("Content"), is owned by Edible Ojai,
its licensors and its content providers. All elements of Edible
Ojai websites, including, but not limited to, the general
design and the Content, are protected by trade dress, copyright,
moral rights, trademark and other laws relating to intellectual
property rights. Except as explicitly permitted under this
or another agreement with Edible Ojai, no portion or element
of this website or its Content may be copied or retransmitted
via any means and this website, its Content and all related
rights shall remain the exclusive property of Edible Ojai
or its licensors unless otherwise expressly agreed. You shall
indemnify Edible Ojai, its subsidiaries, its affiliates and
licensors against any losses, expenses, costs or damages incurred
by any or all of them as a result of your breach of the terms
of this Agreement or your unauthorized use of the Content
and related rights.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS"
AND Edible Ojai EXCLUDES TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Edible Ojai WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF,
THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT
ERROR. YOU, Edible Ojai, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise required
by applicable law, neither Edible Ojai nor its directors,
employees, licensors, content providers, affiliates or other
representatives will be liable for damages of any kind (including,
without limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability to use,
or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages,
Edible Ojai uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make no
representations or warranties as to the Content's accuracy,
correctness or reliability. There may be links to other websites
from the Edible Ojai website; however, these other websites
are not controlled by Edible Ojai and we are not responsible
for any content contained on any such website or any loss
suffered by you in relation to your use of such websites.
You waive any and all claims against Edible Ojai regarding
the inclusion of links to outside websites or your use of
those websites. Some US states and foreign countries do not
permit the exclusion or limitation of implied warranties or
liability for certain categories of damages. Therefore, some
or all of the limitations above may not apply to you to the
extent they are prohibited or superseded by state or national
provisions.
Governing
Law and Venue This Agreement shall be interpreted, construed
and governed by the laws of the State of California, USA,
without reference to its laws relating to conflicts of law
and not including the provisions of the 1980 United Nations
Convention on Contracts for the International Sale of Goods.
Venue for all disputes arising under this Agreement shall
lie exclusively in the Courts of the State of California in
Los Angeles County or the Federal District Courts of the District
of California (as permitted by law) and each party agrees
not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, however, Edible Ojai shall
have the right to commence and prosecute any legal or equitable
action or proceeding before any non-US court of competent
jurisdiction to obtain injunctive or other relief in the event
that, in the opinion of Edible Ojai, such action is necessary
or desirable. No Waiver, Severability No action of Edible
Ojai, other than an express written waiver or amendment, may
be construed as a waiver or amendment of any of these Terms
and Conditions of Use. Should any clause of these Terms and
Conditions of Use be found unenforceable, wherever possible
this will not affect any other clause and each will remain
in full force and effect. We reserve the right to change these
Terms and Conditions of Use prices, information and available
contractual license terms featured on this website without
notice. These conditions set out the entire agreement Edible
Ojai and you relating to your use of this website.
|
