Welcome. US Whole Food offers this website to you subject to the following terms and conditions (“Terms”). The Terms apply to this website located at www.US Whole Food.com and all other US Whole Food websites around the world (collectively, the “Site”). The Site (including its content, design, structure, and look-and-feel) is the property of 7 Seas International Inc and protected by copyright, trademark, and other intellectual property and unfair competition laws. By using the Site, you agree to these Terms. If you do not agree with any of these Terms, do not use the Site. If you have any questions about these Terms, please contact CORPORATE INFORMATION CENTER.
Privacy
Use of this Site is also subject to US Whole Food’s Privacy Statement, which is incorporated herein by reference. You also acknowledge and agree that transmission of information over the Internet is never completely private or secure, and there is the possibility that information you send or receive from the Site may be intercepted by others, even if there is a notice that a particular transmission is encrypted.
Terms of Use Revisions
US Whole Food may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.
General Use Restrictions
US Whole Food or third parties granting rights to US Whole Food hold all right, title, and interest in and to the materials on this site, which are the copyrighted work of US Whole Food or such third parties . US Whole Food grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials on this Site only on your personal computer or mobile device, and only for purposes of your interaction with this Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on this Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately delete and destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to this Site or any materials on this Site.
You agree not to “frame” or “mirror” this Site, or any material contained on or accessible from this Site, on any other server or Internet-based device without the advance written authorization of US Whole Food. You also agree not to use any “page-scrape” or other automatic device, algorithm, or program, or any similar manual process, to access, copy, or monitor any portion of this Site or the materials on this Site, to reproduce or circumvent the navigational structure of this Site, or to obtain any materials on this Site other than as intended by US Whole Food and made available through this Site.
You may not:
attempt by hacking, password mining, or any other illegitimate means to gain access to,
test, scan, or probe the vulnerability of, or
trace, seek to trace, reverse lookup, or reveal any information about another user of this Site, any feature or content on this Site, or any other US Whole Food system, network, or server.
You may not use this Site for a purpose that is unlawful or violates these Terms, or to solicit activity that is illegal or infringes the rights of US Whole Food or others.
US Whole Food does not routinely monitor your postings or other activity on the Site, but reserves the right so to do. However, if US Whole Food becomes aware of inappropriate use of the Site or any of its Services, US Whole Food will respond in any way that US Whole Food, at its sole discretion, deems appropriate. You acknowledge that US Whole Food will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, US Whole Food will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Availability
US Whole Food has several websites offering products, services, content, and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, regulatory status, shipment and other considerations. US Whole Food does not make any warranty or representation that a user in one region may obtain the Services in another region, and US Whole Food may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information US Whole Food publishes on the World Wide Web may contain references or cross-references to US Whole Food products, programs and services that are not announced or available in your region. Such references do not imply that US Whole Food intends to announce such products, programs or services in your region. Consult your local US Whole Food business contact for information regarding the products, programs and services that may be available to you.
Accounts and Security
Some Services offered through this Site may require that you register and establish a user name and password. You are responsible for maintaining the confidentiality of your user name, password, and other account information, as well as for any activity that occurs under your account as a consequence of your failure to keep this information confidential. You agree to inform US Whole Food immediately of any unauthorized use of your account or password, or any other breach of your account security. You may be liable to US Whole Food or others for unauthorized use of your account or password or as a consequence of your failing to keep your account information confidential.
Links
From US Whole Food to Third-Party Websites
This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by US Whole Food. Such links do not constitute an endorsement by US Whole Food of any such sites. You acknowledge that US Whole Food is providing these links to you only as a convenience, and you agree that US Whole Food is not responsible for the content or links displayed on such sites to which you may be linked. You further agree that US Whole Food has no liability, obligation, or responsibility for any correspondence, promotion, or purchase between you and the owner or operator of any such site.
From Third-Party Websites to US Whole Food
You may link to US Whole Food websites so long as:
You do not create frames or border environments around any page or materials on a US Whole Food website or use other techniques that alter in any way the visual presentation or appearance of any content within a US Whole Food website;
You do not create comparisons of US Whole Food products or services with competitive products or services;
You do not replicate any materials from a US Whole Food website or any US Whole Food logo or trademark;
You do not misrepresent your relationship with US Whole Food;
You do not imply that US Whole Food approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;
You do not present false or misleading impressions about US Whole Food or otherwise damage the goodwill associated with the US Whole Food name and trademarks;
The linked site does not contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law; and
The linked site does not contain content that could be construed as obscene, pornographic, or sexually explicit.
As a further condition to being permitted to link to US Whole Food websites, the linking party agrees that US Whole Food may at any time, at its sole discretion, terminate permission to link to US Whole Food websites. In such event, the linking party agrees to immediately remove all links to US Whole Food websites.
By linking to a US Whole Food website, the linking party agrees to defend, indemnify and hold US Whole Food and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses including (without limitation) attorney’s fees and costs of defense, arising from any such link. US Whole Food shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. US Whole Food makes no warranties of any kind, express or implied, with respect to such links.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by US Whole Food. US Whole Food does not warrant the accuracy or timeliness of the materials. US Whole Food has no liability for any errors or omissions in the materials, whether provided by US Whole Food or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. US WHOLE FOOD, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. US WHOLE FOOD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING (BUT NOT LIMITED TO) YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF US WHOLE FOOD HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, US WHOLE FOOD DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors. US Whole Food does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this Site may change without notice to you at any time at US Whole Food’s sole discretion.
US Whole Food shall have the right to refuse or cancel any orders placed for products listed with incorrect prices. US Whole Food shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, US Whole Food shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
US Whole Food controls and operates this Site from the United States of America. The materials and Services on this Site are subject in all respects to laws and regulations of the United States of America as shall from time to time govern the license and delivery of technology and products abroad, including the U.S. Export Control Regulations, and any successor legislation or regulations issued by the U.S. Department of Commerce, International Trade Administration, or Office of Export Licensing. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may they be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
If you use this Site from outside the United States of America, you are also responsible for compliance with applicable local laws, including local export and import regulations.
Trademarks
The US Whole Food Oval logo, US Whole foo, —-Parto f a Healthy Lifesytel™ and all products denoted with™ or ® are trademarks or registered trademarks of 7 Seas International Inc or its affiliates. US Whole Food trademarks may not be used in connection with any product or service that is not a US Whole Food product or service.
Unsolicited Ideas
While US Whole Food is always interested in ideas and suggestions, we have found that frequently an idea or suggestion submitted to us is already available from other sources, including publications or the work of our own staff. This can lead to confusion concerning the origin of the idea or suggestion. For this reason we prefer that only patented inventions be disclosed to us. If you nevertheless submit your ideas to US Whole Food, and notwithstanding anything you may say or write in connection with a submission, unless US Whole Food enters a separate written agreement covering a submission, any submission to US Whole Food or its affiliates, including ideas for new products or technologies, improvements or enhancements to existing products or technologies, processes, materials, marketing or promotional plans, or new product names, shall be made under the following terms and conditions:
US Whole Food shall be under no obligation to keep the submission secret or receive it on a confidential basis;
US Whole Food shall be under no obligation to review the submission or respond to the submitter;
Any intellectual property protection for the submission shall be solely based on patent or copyright protection;
US Whole Food shall be the sole judge as to what payment, if any, is made for the submission;
The submitter warrants that it is authorized to make the submission and that the submission does not violate any obligation that the submitter has to a present or former employer or to any other party.
Product and Site Comments
US Whole Food welcomes your comments about this Site and US Whole Food’s existing products so long as they are consistent with the above paragraph. You may provide your comments here or at other designated places on this Site. Any comments you provide are non-confidential, and US Whole Food may use them without restriction.
Applicable Law
Except for any mandatory application of local law, any action related to these Terms shall be governed by the law of the State of Arizona, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the c ourts located in the State of Arizona for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
Unauthorized Activities
Submissions to this Site or unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
As such, you shall defend, indemnify and hold US Whole Food and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses, including (without limitation) attorney’s fees and costs of defense,’ incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the site or the use of the site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
