BINDING AGREEMENT

Please read carefully these Terms of Use, the Privacy Policy and any other terms and conditions on the Website that govern features of the Website (e.g. the Store and the online store) (the “Additional Terms”), all of which collectively govern your use of, and access to, the Website and all content, data, information and materials contained therein. (The Terms of Use, the Privacy Policy, the Products Policy, and the Additional Terms are referred to collectively herein as the “Terms”).

BY ACCESSING, BROWSING AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, THE PRIVACY POLICY, THE PRODUCTS POLICY AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR MODIFIED PERIODICALLY IN ACCORDANCE WITH THE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SITES.

These Terms set forth the entire, final and exclusive agreement between Fruits For Thoughts and you with respect to your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the Website and any and all content, data, information and materials contained therein and transactions completed thereon.

Fruits For Thoughts reserves the right to amend the Terms at any time. You are responsible for staying informed of any changes. IF YOU DO NOT AGREE TO THESE TERMS, YOUR ONLY RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE.

Fruits For Thoughts makes reasonable efforts to provide accurate and timely information on the Website. While we believe the information is reliable, we provide no warranty that the information is always up to date or contains all the relevant information available.
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 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. By submitting information or content on the Website you represent that you meet this age restriction and\provides you access to the Website subject to your compliance with these Terms.

PRIVACY

View our Privacy Policy which also governs your visits to the Website, to understand our privacy practices. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE PRIVACY POLICY, IN ADDITION TO THESE TERMS OF USE

PRODUCTS

Please see individual product pages and our Products Policy Page, which also governs your purchase of products through the Website, for more information on the terms and conditions of purchase of our Fruits For Thoughts products. Prices are in US dollars unless otherwise noted. Fruits For Thoughts 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.

COPYRIGHT

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 Fruits For Thoughts or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.

LICENSE, LIMITATIONS ON USE OF WEBSITE ACCESS

Fruits For Thoughts grants you a limited license to access the Website for normal browsing only, and to download (for caching purposes only) 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 us; (c) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by FFT); and (d) do not make any modifications to the material. Except as expressly provided in this paragraph or as provided below entitled ” Further Limitations on Use

INFRINGEMENT

If you believe that any third party has infringed upon/violated these Terms of Use please immediately contact Fruits For Thoughts by e-mail at f4thoughts@yahoo.com

COMMENTS, REVIEWS AND OTHER COMMUNICATIONS

Fruits For Thoughts users are granted the liberty to post reviews and comments or send communication in the form of suggestions, comments or even ideas through/on this website. However users must agree not to make posts or submit e-mails or act in any way we deem inappropriate. Further that on this Fruits For Thoughts Website you will abstain from engaging in any act that is:

(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 using programs which contain software viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the proper functioning of any computer software or hardware or telecommunications;
(c) Whether implied or expressed denotes political campaigning, commercial solicitation, “pyramid” or similar schemes; surveys, chain letters, junk email, mass mailings, or any form of “spam” (commercial or otherwise);
(d) In any way seeks to exploit or harm children by exposing them to inappropriate content, seeking for information, asking for information that personally identifies them or any detail that can bring harm to them.
(e) violates any law or the Terms, as is set forth.
(f) engages in or illicit illegal activity;
(g) misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers with the intent to to disguise the origin of the content;
(h) engages in unauthorized commercial activity such as, conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) on this website.
(i) seeks to or solicits funds, advertisers or sponsors;
(j) involves impersonation of any person/entity, including, without limitation, any other users or any FFT personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(l) copies any other pages or images on the Website except without proper authority;
(m) includes MP3, audio, or other media format files;
(n) amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites;
(o) disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website;
(p) contains links to other sites that contain the kind of content, which falls within the parameters guidelines described in sections out at in (a) to (p) above. Fruits For Thoughts reserves the right (but not the obligation) to review, remove or edit such content or any Submission which FFT in its discretion considers illegal, offensive, in violation of a third party right or otherwise in violation of these Terms. 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 such Submissions published by you or any other Website user. Fruits For Thoughts takes no responsibility and assumes no liability for the content of any Submission made or posted by you or any third party. Fruits For Thoughts reserves the right to terminate your access to this Website and the ability to post or communicate a Submission at any time, without notice, for any reason whatsoever. Fruits For Thoughts also reserves the right at all times to disclose any information
Fruits For Thoughts deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Fruits For Thoughts’ sole discretion. Always use caution when giving out any personally identifiable information in any Submission. Fruits For Thoughts does not control or endorse the content, messages or information found in any Submission and, therefore, is not liable or responsible with regard to the content of any such Submissions.
If you do post or make a Submission, you hereby grant Fruits For Thoughts a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your Submission (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such Submission) in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. Fruits For Thoughts will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fruits For Thoughts operations. Without limitation, Edible will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You hereby grant Fruits For Thoughts the right to use the name that you submit in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the Submission.

EMAIL AND OTHER COMMUNICATIONS AND SIGNATURES

In connection with your use of the Website, you consent to Fruits For Thoughts recording any communication, electronic or otherwise, between you and Fruits For Thoughts and retaining any Submission you make while using the Website. Please do not send time-sensitive Submissions or other communications by e-mail to Fruits For Thoughts as we cannot be responsible for responding to any such communications.

Further, visiting the Website, sending us emails, and completing online forms, or signing up for promotional programs on-line or via a mobile device all constitute electronic communications between you and Fruits For Thoughts. By engaging in these activities, you consent to receive such electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic.

INDEMNIFICATION

You agree to indemnify and hold harmless Fruits For Thoughts its affiliates and subsidiaries, and all of their respective managers, Directors, officers, agents, employees, suppliers, vendors, 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.

LINKS

You expressly acknowledge that the Website may contain links to other websites not controlled, operated or owned by Fruits For Thoughts. Unless otherwise expressly provided by FFT, FFT 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 FRUITS FOR THOUGHTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRUITS FOR THOUGHTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED 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, FRUITS FOR THOUGHTS DISCLAIMS ALL WARRANTIES, EXPRESSED 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. FRUITS FOR THOUGHTS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FRUITS FOR THOUGHTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. FRUITS FOR THOUGHTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRUITS FOR THOUGHTS MAY MAKE IMPROVEMENTS AND/OR MODIFICATIONS TO THE WEBSITE AT ANY TIME, ITS AFFILIATES AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, 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.

TERMINATION

Fruits For Thoughts reserves the right, in its sole discretion, to terminate or suspend any password, account, access, or ability to use the Website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately (a) discontinue use of the applicable Website and (b) discontinue use of and destroy or return to us any materials, unless otherwise agreed to in writing by Fruits For Thoughts).

INVESTIGATIONS

Fruits For Thoughts may seek to gather information from users of the Website who are suspected of violating this Agreement, and from any other user. FFT may suspend access or use of the Website. of users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If FFT 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. Fruits For Thoughts will fully cooperate with any law enforcement authorities or court order requesting or giving directives regarding the disclose of the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement.

YOU WAIVE AND HOLD HARMLESS FRUITS FOR THOUGHTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EDIBLE OR LAW ENFORCEMENT AUTHORITIES.

RESOLVING DISPUTES

In the unlikely even that a problem may arise relating to your use of this site and these Terms of Use, Fruits For Thoughts would like to address these issues/concerns without requiring a formal legal case or proceeding. Before filing a case against Fruits For Thoughts, we ask that you try to resolve the dispute informally by contacting us at f4thoughts@yahoo.com and we will try to resolve the dispute informally by contacting you via email

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
You and Fruits For Thoughts agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Fruits For Thoughts’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, Fruits For Thoughts may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. Arbitration under this agreement shall be held in the United States county where you live or work.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitrators are not allowed.

WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event, any litigation should arise between you and Fruits For Thoughts in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FRUITS FOR THOUGHTS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THESE TERMS

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing notice to f4thoughts@yahoo.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Arbitration Provision; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

GOVERNING LAW AND JURISDICTION

The website (excluding linked web sites) is controlled by Fruits For Thoughts from its office within United States. Fruits For Thoughts makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States.

If you are using or accessing the Website from locations other than in the U.S., you are responsible for adhering to Texas and United States laws, as well as local laws in countries from which you are accessing the Website, if and to the extent applicable.

In any circumstances where the Arbitration Agreement permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in Texas, in each case located, in the City of San Antonio in Bexar County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

AMENDMENT

We reserve the right to make changes, modifications, amendments, and/or updates to the Website and these Terms at any time with or without prior notice and for any reason. Changes to these Terms shall be effective when posted. You are responsible for reviewing these Terms, including without limitation, the Privacy Policy and the Additional Terms, each time you use or access the Website. YOU AGREE THAT CONTINUED USE OF THE WEBSITE IS AN ACKNOWLEDGMENT AND CONSENT TO ANY AND ALL TERMS AND CONDITIONS CONTAINED IN THE TERMS, INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY AND THE ADDITIONAL TERMS, AS EACH MAY BE AMENDED OR MODIFIED PERIODICALLY BY FRUITS FOR THOUGHTS

WAIVER

Our failure to exercise or enforce any right or provision of these Terms, including without limitation, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision.

SEVERABILITY

The provisions of this Terms of Use, the Privacy Policy, and the Additional Terms expressly identified are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event, any provision of the provisions is found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

QUESTIONS

Questions or comments regarding the Website or these Terms, including the Privacy Policy and/or the Additional Terms, should be directed to: f4thoughts@yahoo.com