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Terms of Use
Before using this web site please read the terms of use set forth below. By using this web site you agree to be bound by these terms of use. The washington apple commission (“we”) reserves the right to revise the terms of use at any time without notice and, by using this site subsequent to the revision of the terms of use, you agree to be bound by such changes. If you find the terms of use to be unacceptable, you must immediately terminate your use of this web site.
1. No Representation or Warranty
1.1 The documents, graphics and images published at this web site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this web site without notice. We make no commitment, however, to update the information contained in this web site. Consequently to the extent permitted by law, information on this web site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
1.2 This site may contain links to other Web sites which are completely independent of this Web site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.
1.3 Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web sites.
2. Confidentiality
2.1 Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
3. Limitation of Damages
3.1 In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, special or other consequential damages for any use of this web site, or use of any other linked website, even if we are expressly advised of the possibility of such damages. The term “damages” includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information handling system.
4. Ownership
4.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. A list of trademarks owned by us is set forth in Section 9 of these Terms of Use. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
5. License
5.1 Except as expressly provided in clause 5.2, nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. For permission to use the Apple Logo on unprocessed apples, please see the Washington Apple Commission Trademark Rules and Regulations notice. For permission to use the Apple Logo on other products and services and for permission to use our other trademarks, please review that notice and then send an e-mail requesting a license to legal@waapple.org identifying the trademark, the product or service, the geographic area in which you wish to use the trademark, and the name, address and e-mail address of your company or organization and your name and title.
5.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.
6. Linking to this Web Site
6.1 You may provide links to this Web site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web site, (b) you give us notice of such link by sending an e-mail to legal@bestapples.com and (c) you discontinue providing a link to this site if instructed to do so by us.
7. Governing Laws in Case of Dispute
7.1 These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Washington and jurisdiction for such disputes shall rest solely in Washington, USA.
8. Severability
8.1 These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
9. Trademarks
9.1 The following is a partial list of trademarks owned by us.
- The best apples on earth®
- The original health food®
- The world’s finest apples®
- The best apple flavors on earth®
- Images of “Crispy” (below)
All rights not expressly granted herein are reserved.