Terms and Conditions

By using the efrutti.com and herbertsbest.com websites (“Sites”) in any way, including, without limitation, browsing the Sites, using any information, and/or submitting information to Mederer of North America, Inc. (“Mederer of North America”) through the Sites, you agree to the following terms, conditions, policies and notices contained on this page, together with any documents or policies they reference, incorporate or link to (“Terms”) and assume total responsibility and risk for your use of the Sites and any services contained herein. This includes, but is not limited to, conducting any transactions electronically, disclaimers of warranties, indemnification, damage and remedy exclusions and limitations, and choice of Illinois law. If you do not agree to these terms, you should immediately discontinue use of the Sites. Your decision to use the Sites shall be deemed as your acknowledgement that none of the terms are unconscionable or unreasonable to you in any manner, whatsoever. Please read these terms carefully before using the Sites.

You also acknowledge that content on the Sites, including these Terms, may change at any time, without any obligation on the part of Mederer of North America to notify you of such changes. All changes are effective immediately when posted. It is your responsibility to review these Terms for any changes. Your use of the Sites following any amendment or modification of these Terms will signify your agreement to and acceptance of its revised Terms. Mederer of North America may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that Mederer of North America will have no liability to you if the Sites is discontinued or your ability to access the Sites or any content you may have posted on the Sites is terminated. If you have any concerns regarding these Terms, please contact Mederer of North America at [email protected].

This Sites is to be used for lawful purposes only. Use of the Sites to access, transmit, communicate, deliver, or store any information, data, content, or material in violation of any federal, state, or international regulation or law (including material protected by copyright, trademark, and confidential information) is strictly prohibited. You may not use the content or features available at the Sites for any commercial purpose without permission from Mederer of North America. This Sites is intended for, offered, and made available only to users who are 13 years of age or older. By using the Sites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Sites.

Using the Sites and Your Account

Certain areas of the Sites, including without limitation the Candy Cart checkout page, may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Sites or any features at all. If the Sites requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Mederer of North America; that you will only submit information about yourself or those for whom you are authorized to submit information; and that you will otherwise comply with these Terms, including the Submissions Policy set forth below. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Sites. Creating an account or opting in to receive newsletters, notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized, and you must keep your user account, username, and password secure. You must notify Mederer of North America immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any username, password, or other information which provides you access to the Sites. Mederer of North America is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Mederer of North America shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Sites. You agree to exit from your account at the end of each session on the Sites. You should be very careful if accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information.

You understand and acknowledge that you have no ownership rights in your account or other access to the Sites or features therein. Mederer of North America may terminate your access to the Sites, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Mederer of North America, at any time, and without notice, for any reason, including if Mederer of North America deems that you have violated these Terms, the law, or for any other reason. Mederer of North America assumes no liability for any information removed from our Sites, and reserves the right to permanently restrict access to the Sites or a user account.

You understand and acknowledge that certain offers, services and features that may be available on the Sites may be subject to additional specific terms and conditions. This may include, but is not limited to, promotions, contests, and sweepstakes. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.

You agree that Mederer of North America and its third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Sites access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of Products and other services to you (if any) related to the Sites. You grant Mederer of North America the permission to use this information to improve its Products or to provide services to you, as well as to provide advertising content in which Mederer of North America believes you may be interested, including working with third parties who provide targeted advertising content, unless you expressly opt out of receiving such communications.

Content and Intellectual Property Ownership

All rights, title and interest in and to the information, content, data, photographs, images, graphics, videos, audio, trademarks, service marks, logos, and other material (collectively, the “Mederer of North America Content”) available at the Sites, including, without limitation, any copyrights in or to the Mederer of North America Content, belong to Mederer of North America and its content providers or their licensors, and is protected in the United States and internationally under trademark, copyright, privacy, and other intellectual property laws. “Mederer of North America” and all other trademarks, service marks, trade names and logos of Mederer of North America appearing on the Sites are the property of Mederer of North America. All uses of such marks shall inure solely to the benefit of Mederer of North America. The use of Mederer of North America’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. Mederer of North America’s trademarks, service marks, trade names and logos may not be used without Mederer of North America’s permission.

The Mederer of North America Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without Mederer of North America’s permission. This includes, but is not limited to, downloading, displaying or using any Mederer of North America Content located on the Sites in whole or in part for use in any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of Mederer of North America, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mederer of North America and/or its licensors, that dilutes the strength of Mederer of North America’s or its licensor’s property, or that otherwise infringes Mederer of North America’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Mederer of North America Content or third party content that appears on the Sites.

Any unauthorized use of the Mederer of North America Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Sites, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any Mederer of North America Content, available at the Sites. You agree not to display or use any Mederer of North America Content in any manner, or for any commercial purpose, without permission from Mederer of North America.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated on the Sites, please write to Mederer of North America’s designated agent at Mederer of North America, Attn.: Marketing, 1700 W Higgins Rd., Suite 680, Des Plaines, Illinois 60018.

Submission Policy

From time to time on certain areas of our Sites you may be able to submit photos, written posts and certain other materials (“User Content”). If you submit User Content intended for display on the Sites, you agree not to submit any User Content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, harmful, tortious, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable, injurious or inappropriate as may be determined by Mederer of North America in its sole discretion. You further agree that you will not infringe the privacy rights of third parties and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of Mederer of North America, nor will you post any content that contains a business solicitation.

All User Content you submit to Mederer of North America becomes the property of Mederer of North America and may not be acknowledged. You hereby grant to Mederer of North America a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, reformat, publicly perform, publicly display, reproduce, and distribute any User Content in which you may be deemed to continue to hold any ownership right as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or control the content submitted, displayed, published or posted by you on the Sites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and that our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Mederer of North America may cancel your account and delete all User Content associated with your account at any time, and without notice, if Mederer of North America deems that you have violated these Terms, the law, or for any other reason. Mederer of North America assumes no liability for any information removed from our Sites, and reserves the right to permanently restrict access to the Sites or a user account.

By using the Sites, creating an Mederer of North America account, and otherwise posting or submitting User Content to the Sites or otherwise to Mederer of North America, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will be treated as non-confidential and non-proprietary.

You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Sites. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts, (“Unsolicited Information”), such Unsolicited Information shall be deemed to be, and shall remain, the property of Mederer of North America, and Mederer of North America shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and Mederer of North America shall not be liable for any use or disclosure of any Unsolicited Information.

You agree to indemnify and hold Mederer of North America, its owners, shareholders, parents, subsidiaries, directors, members, officers, employees, agents, licensors, representatives, third party providers and websites contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Submission Policy, or any violations thereof by you or anyone using your account information or which arises from the use of User Content or Unsolicited Information you submitted, posted, or otherwise provided to Mederer of North America or the Sites.

Transactions and Product Availability

Through the Sites, you may be able to order and/or pay for Mederer of North America products (“Products”). To be able to order and pay for such products, you must supply certain information relevant to your transaction, including, without limitation, your name, phone number, email address, your credit or debit card number, the expiration date of your credit or debit card, the security code on your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Mederer of North America and/or any required third parties, such as its vendors, the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

All descriptions, images, features, specifications, products, and prices of Products are subject to change at any time without notice. The inclusion of any Products on the Sites does not imply or warrant that these Products will be available. Mederer of North America reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product. You agree to pay all charges incurred by you, on your behalf, or by your account through the Sites, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

ANY PRODUCTS DESCRIBED ON THE SITES ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

You understand and agree that you are charged at the time you place your order for Products. You further understand and agree that the transaction for the purchase of Products is final and complete on the day you place the order. After you have submitted your order on the Sites or you have otherwise directed Mederer of North America to begin preparation of your order by means designated by Mederer of North America and communicated to you in Mederer of North America’s sole discretion, you may not cancel your order. Mederer of North America may restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.

Despite Mederer of North America’s best efforts, occasional pricing and other errors may occur on the Sites. Access to the Sites does not constitute the right to purchase products featured. Mederer of North America is not responsible for typographical, pricing or other errors. Mederer of North America reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit or debit card has already been charged for the purchase and your order is cancelled, Mederer of North America will issue a credit to your credit or debit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Mederer of North America reserves the right to limit quantities of products purchased.

Geographic Restrictions

Mederer of North America is based in the State of Illinois in the United States. This Sites is intended for use by persons located in the United States. Mederer of North America makes no claims that the Sites is accessible, usable or suitable for use outside of the United States. Access to the Sites may be illegal outside the United States. If you access the Sites from outside the United States, you are fully responsible for your compliance with local laws.

Disclaimer of Warranties & Limitation of Liability

You understand and acknowledge that Mederer of North America cannot and does not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other malicious code. You are responsible for using anti-virus protection and for the accuracy of data input and output, and backing up your data. MEDERER OF NORTH AMERICA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A RANSOM-WARE ATTACK, DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

Mederer of North America strives to ensure that the information contained in the Sites is accurate and reliable. However, neither Mederer of North America nor the world wide web (or Sites host) is infallible, and errors may sometimes occur. Therefore, Mederer of North America HEREBY NOTIFIES YOU THAT THIS SITES IS STRICTLY PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITES OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MEDERER OF NORTH AMERICA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITES, NOR SHALL MEDERER OF NORTH AMERICA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MEDERER OF NORTH AMERICA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITES’S RECORDS, PROGRAMS, OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You acknowledge that any reliance on the Sites or any content will be at your own risk. Mederer of North America also makes no representations regarding the amount of time that any content will be preserved. Mederer of North America may from time to time revise the information, services and the resources contained in the Sites and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall Mederer of North America be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that Mederer of North America may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without prior notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that Mederer of North America will have no liability to you if the Sites is discontinued or your ability to access the Sites or content available at the Sites is terminated.

Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy Policy

Mederer of North America has created a privacy policy setting forth how information about you is collected, used and stored. Please read our Privacy Policy for more information about Mederer of North America’s information collection and use practices. Your use of the Sites constitutes acknowledgement and agreement with our Privacy Policy. You further acknowledge and agree that the Sites may use your personal information in the manner described herein and in our Privacy Policy.

Third Party Websites

The Sites may be linked to third-party websites which are not maintained by Mederer of North America. Mederer of North America does not sponsor, endorse, approve, certify, or control those websites and is not responsible for the contents of such websites. If Mederer of North America links to social media websites with certain content, you may take such actions as are enabled by such features on those websites, but Mederer of North America has no responsibility for any actions taken on those websites. Mederer of North America may disable links to any social media features at any time without notice. Those third party websites may contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Mederer of North America. Mederer of North America makes no representations or warranties about the content, completeness, or accuracy of those third-party Sites or information located on such Sites. Such links do not constitute or imply endorsement, recommendation, or favoring by Mederer of North America. Furthermore, Mederer of North America is not responsible for the privacy practices of such other Sites. The information you submit at a third-party Site accessible from the Sites is subject to the terms of that Site’s privacy policy, and Mederer of North America has no control over how your information is collected, used, or otherwise handled. Access to any other websites linked to or from the Mederer of North America Sites is at your own discretion and risk.

Indemnification

You agree to indemnify and hold Mederer of North America, its owners, shareholders, parents, subsidiaries, officers, directors, members, employees, agents, licensors, representatives, third-party providers and website contractors and each of their officers, employees and agents, harmless from any claims, damages and, expenses, including reasonable attorneys’ fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by any person who uses your account.

Miscellaneous

Both you and Mederer of North America acknowledge and agree that no partnership is formed and neither of you nor Mederer of North America has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Mederer of North America, and is accepted by you upon your use of the Sites. These Terms constitute the entire agreement between you and Mederer of North America regarding the use of the Sites. By using the Sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

This Agreement will be governed by and construed in accordance with the internal laws of the United States and the State of Illinois without regard to conflicts of laws principles. By using the Sites, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Illinois. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that term will be enforced to the fullest extent permitted by applicable law and is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Mederer of North America to comply with these Terms because of an act of God, war, fire, riot, terrorism, insurrection, earthquake, pandemic, quarantine, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Mederer of North America, shall not be deemed a breach of these Terms.

Although Mederer of North America will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mederer of North America or others due to such unauthorized use. If Mederer of North America fails to act with respect to your breach or anyone else’s breach on any occasion, Mederer of North America is not waiving its right to act with respect to future or similar breaches.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and Mederer of North America relating to the Sites, and replace any prior understandings or agreements (whether oral or written) regarding the Sites. Any promotions contained herein are void where prohibited.

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