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Terms of Use

Please carefully read the following Terms of Use before using the www.passiongrowers.com website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to the these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

1. Intellectual Property
The data and materials on the Site, including without limitation text, graphics, logos, photos, music, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of Passion Growers LLC ("Passion Growers", "we", or "us"), our licensors and our suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.
You may only use the Content retrieved from this Site for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Site and the Content.

2. Accounts and Passwords
If you are a member of the trade and have been given a username and password in order to log in to certain portions of the Site, you agree to be responsible for: (i) maintaining the confidentiality of your username, password or other account identifiers and (ii) all activities that occur under such username, password or account identifiers. You agree to notify us of: (i) any loss of your username, password or account identifiers and (ii) any unauthorized use of your username, password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

3. Submitting Information to Passion Growers
Please see our Privacy Policy for general information regarding the collection and use of personal and aggregate information on our Site. Passion Growers does not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with Passion Growers related to the sharing of such information. Any information that Passion Grower's receives through its Site, other than your personally information and aggregate information covered by Passion Grower's Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO PASSION GROWERS INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH PASSION GROWERS RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT PASSION GROWERS MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU AUTOMATICALLY GRANT PASSION GROWERS, ITS AFFILIATES, AND SUBSIDIARIES AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE. YOU ALSO WARRANT THAT, TO THE EXTENT THAT YOU ARE NOT THE EXCLUSIVE HOLDER OF ALL RIGHTS IN CONTENT YOU SUBMIT, THE HOLDER OF ANY RIGHTS HAS COMPLETELY AND EFFECTIVELY WAIVED ALL SUCH RIGHTS AND VALIDLY AND IRREVOCABLY GRANTED TO YOU THE RIGHT TO GRANT THE LICENSE STATED ABOVE. YOU ALSO PERMIT ANY USER TO ACCESS, DISPLAY, VIEW, STORE AND REPRODUCE SUCH CONTENT THAT YOU HAVE MADE PUBLIC.

4. Links to Other Websites
This Site may contain links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. We do not have any responsibility for those websites, and we provide the links solely for the convenience of our visitors.

5. Privacy Policy
We are committed to protecting the privacy of users of the Site. For information on how information is collected, used or disclosed by us in connection with your use of this Site, please consult our Privacy Policy.

6. Disclaimer
CONTENT, ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
PASSION GROWERS AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASSION GROWERS AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF PASSION GROWERS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PASSION GROWERS', AND OUR OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Limitation of Liability
IN NO EVENT WILL PASSION GROWERS OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
PASSION GROWERS RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT ON THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PASSION GROWERS OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PASSION GROWERS', AND OUR OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT PASSION GROWERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnification
You agree to indemnify, defend and hold harmless Passion Growers, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use and (ii) your use of and access to the Site.

9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

10. Choice of Law and Forum
The Terms of Use shall be governed and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within the County of Dade in the State of Florida, and you hereby submit to the personal jurisdiction of such courts.
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