Welcome to Fruityworld. LLC/ Bearrys® website. We own and operate the www.bearrys.com. Fruityworld. LLC/ Bearrys® provides the website and our products and services by the following conditions.
Please read carefully all the conditions on the website that govern particular features of the website related to franchise section and the online store. Which collectively govern your use of, and access to, the website and any and all content, data, information and materials contained therein.
You must be 18 years or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the website. If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing the website, you may use the website only with consent of a parent or guardian.
Fruityworld. LLC/ Bearrys® reserves the right to change prices on any product or products, and to discontinue any services or products provided through the website at any time.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Fruityworld. LLC/ Bearrys® or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
Fruityworld LLC/Bearrys®, Fruit and Chocolate Designs®, and the Bearrys® bear Logo are registered trademarks of Fruityworld LLC. This is not intended to be a complete list of all of Fruityworld LLC/Bearrys® trademarks, and Fruityworld LLC/Bearrys® owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. The www.bearrys.com, domain name is also property of Fruityworld LLC / Bearrys®. All Fruityworld LLC / Bearrys® trademarks, copyrights, trade dress and/or intellectual property used on the website may not be used in connection with any product or service that is not offered for sale or otherwise provided by Fruityworld LLC / Bearrys®, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Fruityworld LLC / Bearrys® or the Website.
Fruityworld LLC/Bearrys® grants you a limited license to access the website for normal browsing only, and to download or print a copy of the materials on the website for your personal use only provided that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Fruityworld LLC/Bearrys®; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products; and (d) do not make any modifications to the material.
In addition, you agree not to:
(e) Use or access the website for any purpose that is unlawful or prohibited by these Terms;
(f) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fruityworld LLC/Bearrys®
(g) Use any meta tags or any other "hidden text" utilizing Fruityworld LLC/Bearrys® trade names, trademarks, service marks or logos without the express written consent of Fruityworld LLC/Bearrys®;
(h) Use or access the website in a manner that could damage, disable, overburden, or impair any Fruityworld LLC/Bearrys® server or the networks connected to any Fruityworld LLC/Bearrys® server;
(i) Interfere with any third party's use and enjoyment of the website;
(j) Attempt to gain unauthorized access to the website, accounts, computer systems, or networks connected to any Fruityworld LLC/Bearrys® server through hacking, password mining, or any other means;
(k) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the website unless specifically authorized in writing by the owner of the software to do so.
REVIEWS & COMMENTS
Users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on or through the website. You agree not to post e-mails or submit to or publish through the website or otherwise make available on the website any content or act in a way, which in our opinion:
(a) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive, stalking, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties or objectionable;
(b) includes programs which contain or consist of software viruses;
(c) amounts to political campaigning, commercial solicitation, "pyramid" or similar scheme; surveys, chain letters, junk email, mass mailings, or any form of "spam" (commercial or otherwise);
(d) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(e) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(f) violates any law or the Terms, or may be considered to violate any law or the Terms;
(g) transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) solicits funds, advertisers or sponsors;
(j) includes MP3, audio, or other media format files;
Fruityworld LLC/Bearrys® reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Fruityworld LLC/Bearrys® in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Website users. Fruityworld LLC/Bearrys® takes no responsibility and assumes no liability for the content of any Submission made or posted by you or any third party. Fruityworld LLC/Bearrys® reserves the right to terminate your access to any or all of the website and the ability to post or communicate a Submission at any time, without notice, for any reason whatsoever.
You agree to indemnify and hold harmless Fruityworld LLC/Bearrys®, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, arising out of claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Website. This provision does not apply to personal injury, and only indemnifies for the specific situations stated.
You expressly acknowledge that the website may contain links to other websites not controlled, operated or owned by Fruityworld LLC/Bearrys®. Fruityworld LLC/Bearrys® provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites. We do not make any warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE INFORMATION AND MATERIALS CONTAINED ARE PROVIDED BY FRUITYWORLD LLC/BEARRYS® ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRUITYWORLD LLC/BEARRYS® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRUITYWORLD LLC/BEARRYS®DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
LIMITATION OF LIABILITY
FRUITYWORLD LLC/BEARRYS® , ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, FRANCHISEES AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE WEBSITE OR THE DELAY OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
TO BE CLEAR, THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITE, AND DOES NOT APPLY TO PERSONAL INJURY.
Fruityworld LLC/Bearrys® may seek to gather information from the user of the Website who is suspected of violating this agreement, and from any other user of the website. Fruityworld LLC/Bearrys® may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Fruityworld LLC/Bearrys® believes, in its sole discretion, that a violation of this agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Fruityworld LLC/Bearrys® will fully cooperate with any law enforcement authorities or court order requesting or directing Fruityworld LLC/Bearrys® to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this agreement.
GOVERNING LAW & ARBITRATION
The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all products and services of the Company and its Affiliates, through all merchandising channels, including but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the State of New York without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties.
ACKNOWLEDGMENT AND CHANGES
Effective Date: 01 June 2017. Fruityworld LLC/Bearrys LLC. All rights reserved.