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Terms of Use

Welcome to naumesfruitgifts.com (“Website”). This Website is owned by Naumes, Inc. (“Naumes”).

When you visit this Website, you are agreeing that these Terms of Use govern both your access to the Website and your use. If you do not agree to these Terms of Use, please do not use this Website.

We reserve the right to refuse any order you place with us at any time.

Change In Terms
Naumes reserves the right to update or modify these Terms of Use at any time without prior notice. When we make changes we will post them in the Terms of Use section of the Website. We encourage you to review these Terms and Conditions every time you visit this Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.

Intellectual Property
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by Naumes or one of its affiliates.  The users of the Site intend the Contents, and the Site as a whole, solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only provided that you do not delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as expressly provided within these Terms of Use you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.  The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by Naumes.

User Content & Conduct
All comments, feedback, suggestions, ideas, emails, data, text, music, sound, photos, graphics and other submissions disclosed, submitted or offered to Naumes on or by the Website, Blog, Social Media or otherwise disclosed, submitted or offered to Naumes (collectively, "User Generated Content") shall be and remain Naumes's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Naumes of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Naumes is and shall be under no obligation to maintain any Submissions in confidence or to pay to user any compensation for any Submissions.

You agree that no User Generated Content submitted by you to Naumes will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary
right(s). You are and shall remain solely responsible for the content of any Comments you make.

You may not pose as a person or entity who you do not legally represent or conduct yourself in an unlawful, harmful, obscene, profane, or threatening manner in any User Generated Content or any message sent to a third-party through the use of Website, including, without limitation, gift messages, greeting cards, and messages sent when forwarding product information. Naumes in its sole and absolute discretion will determine if your language, content or conduct is inappropriate.

Naumes takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Naumes liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Naumes customers, or any third party.

Product Information
The products displayed on the Website are representations of what the products may look like. We do our best to fairly represent our products but due to the nature of fresh fruit the size, shape, and quantity of each gift varies according to availability. We only provide fruit to the consumer produced from properties owned and operated by Naumes. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

Colors
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Inaccuracy Disclaimer
From time to time there may be information on the Website, in an email to you or in our literature that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Naumes reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Password Security
If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Third Party Content
This Website may contain links, e-mails, contact information, and information to websites, services, and resource not owned or controlled by Naumes (collectively “Third Party Content”). The Third Party Content is being provided to you only as a convenience and its inclusion does not imply or constitute an endorsement by Naumes or the Third Party. You agree that Naumes is not responsible for Third Party Content and any transmission received from Third Party Content providers.

Disclaimer of Warranty
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED BY NAUMES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAUMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NAUMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAUMES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NAUMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER NAUMES, ITS AFFILATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL 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, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Termination of Usage
Naumes may terminate your access, or suspend your access to all or part of the Website, without notice, in Naumes's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Naumes, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Naumes, or its affiliates.

Privacy and Your Information
Your information is subject to Naumes’s Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Indemnification
You agree to defend, indemnify, and hold harmless Naumes and its affiliates, and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.

Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of Oregon, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Naumes must be resolved by a court located in Jackson County, Oregon. You agree to submit to the personal jurisdiction of the courts located within Jackson County, Oregon for the purpose of litigating all claims or disputes.

Waiver
The failure of Naumes to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severability
I f any provision of these Terms of Use is determined to be unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Browsing Requirements:
Cookies
In order to use the naumesfruitgifts.com website, your Web browser must be set to accept cookies. To set your browser to accept cookies, look under “Preferences” or “Options” in your browser.

Java Scripting
In order to use the naumesfruitgifts.com website, your Web browser must be configured to use “Java Scripting.” To set your browser to use Java Scripting, look under “Preferences” or “Options” in your browser.

Flash
In order to use some aspects of the naumesfruitgifts.com Website, you will need to have Adobe Flash Player installed.
You may download the latest version by clicking the button below:
Flash

© NAUMES, INC. 2010