Terms & Conditions

TERMS OF USE

Thank you for visiting the Avocado Administrative Committee website (‘Site’), which is owned by the Avocado Administrative Committee (‘AAC’, ‘we’, ‘us’, and ‘our’). These terms and conditions govern your use of this Site and any other AAC-owned website on which they are posted. To make this Site useful and safe, we have established certain guidelines below. The AAC reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the AAC Site shall be subject to the current guidelines.

Our Privacy Policy describes our data practices as they relate to information collected through this Site. Our Privacy Policy is an integral part of and is incorporated into these Terms and Conditions.

The Avocado Administrative Committee Provides This Site And Related Services Subject To Your Compliance With The Terms And Conditions Set Forth Below. Your Use Of This Site Results In An Agreement As Fully Described In The Section Entitled To The Agreement. Please Read The Following Information Carefully:

DEFINITIONS

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site. The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the information and services we make available through this Site. The terms “AAC”, “we”, “us”, and “our” refer to the Avocado Administrative Committee. The term “Terms and Conditions” refers to this Site’s Terms and Conditions. The terms “User-Generated Content” or “UGC” refer to all of the content that you post using the social networking tools and AAC social links we make available to you, and that does not constitute Feedback.

SITE CONTENT COPYRIGHT

The contents of the Avocado Administrative Committee Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned, controlled, or licensed by AAC and contain the AAC’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about or evaluating AAC services. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted to you to use AAC icons, Site address, or other means to hyperlink other Internet sites with any page in the AAC Site, and the AAC assumes no responsibility for any other party’s site hyperlinked to the AAC Site or in which any part of the AAC Site has been hyperlinked.

WARRANTY

This Site, Including All Data, Software, Documentation, And Content Contained Within It And All Services Available On It, Are Provided “as Is” And On An “as Available” Basis Without Warranty Of Any Kind, Either Express Or Implied, Including, Without Limitation, The Implied Warranties Of Merchantability Or Fitness For A Particular Purpose, Or The Warrant Of Non-infringement. Without Limiting The Foregoing, The Avocado Administrative Committee Makes No Warranty That The Data And Services Available On This Site Will Meet Your Requirements; The Results That May Be Obtained From The Use Of The Data Or Services Will Be Effective, Accurate Or Reliable; Or The Quality Of Any Data Or Services Will Meet Your Expectations. Without Limiting The Generality Of The Foregoing, We Do Not Represent Or Warrant That This Site, Its Servers, Or Any Transmission Sent From Us Or Through This Site Will Be Free Of Any Harmful Component (Including Viruses). We Make No Representations Or Warranties As To Whether The Information Accessible Via The Site, Or Any Site With Which It Is Linked, Is Accurate, Complete, Or Current. We Are Not Responsible For Any Errors Or Omissions In Any Content Appearing On This Site. You Accept That Our Officers, Directors, Members, Employees, Agents, Suppliers, Licensors, Service Providers, And Other Representatives Shall Have Benefit Of This Clause. Neither The Avocado Administrative Committee Nor Any Of Its Contractors And Agents Assume Any Legal Liability Or Responsibility For The Accuracy, Completeness, Or Usefulness Of Any Data Or Information Disclosed; Nor Do They Represent That Its Use Would Not Infringe Privately Owned Rights.

NONENDORSEMENT

Reference To Any Specific Company, Products, Processes, Or Services By Trade Name, Trademark, Manufacturer, Or Otherwise Does Not Necessarily Constitute Or Imply Its Endorsement, Recommendation, Or Favoring By The Avocado Administrative Committee.

LIMITATION OF LIABILITY

The Avocado Administrative Committee And Its Contractors, Agents, And Affiliates Are Neither Responsible Nor Liable For Any Direct, Indirect, General, Incidental, Consequential, Special, Exemplary, Punitive Or Other Consequential Damages Arising Out Of Or Relating In Any Way To The Site, Site-related Services And/or Data, Content, Or Information Contained Within The Site. Such Loss Or Expense Includes Loss Of Use; Loss Of Data; Loss Caused By A Virus; Loss Of Income Or Profit; Loss Of Or Damage To Property; Claims Of Third Parties; Or Other Losses Of Any Kind Or Character, Even If We Have Been Advised Of The Possibility Of Such Damages Or Losses, Arising Out Of Or In Connection With The Use Of This Site Or Any Website With Which It Is Linked. You Assume Total Responsibility For Establishing Such Procedures For Data Backup And Virus Checking As You Consider Necessary.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the Avocado Administrative Committee is not liable for your defamatory, offensive, infringing, or illegal materials or conduct, or that of third parties, and the AAC reserves the right to remove such materials from the AAC Site without liability.

INDEMNITY

Each User shall indemnity, hold harmless and defend Avocado Administrative Committee and its officers, directors, employees, agents and affiliates from and against all claims, demands, or liability arising out of or related to such user’s violation of any of the provisions of this agreement.

CURRENTNESS OF INFORMATION

The information published on this Site is valid at the time of publication. The Avocado Administrative Committee reserves the right to make changes and improvements at any time and without notice and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.

LINKS

The Avocado Administrative Committee site may contain links to and frames of sites which are not maintained by the AAC. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the AAC’s Site does not imply the AAC’s endorsement of the linked or framed sites or their content.

LINKS TO SITES OPERATED BY THIRD PARTIES

This Site may provide links to websites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any Site, you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.

TRADEMARKS

The AAC names and logos, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site are trademarks (whether registered or not), service marks and/or trade dress of the Avocado Administrative Committee or are included with the permission of the rights owner (the “Marks”). You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks is expressly prohibited.

RECIPE CONTENT RESPONSIBILITY

Our Site may include recipes featuring ‘Florida Avocados’ created by third parties. While we strive to show pictures of the actual recipes, this may not always be possible. On such occasions, we reserve the right to show pictures of a similar nature for illustrative purposes only.

If you choose to send in a recipe to the Avocado Administrative Committee, you agree and acknowledge that:

  • The recipe or material is your own original work and has not been reproduced or copied from any published source. If you choose to adapt a recipe, please specify this and include the original source when entering the details.
  • We reserve the right to correct spelling and grammatical errors, reproduce, transmit, distribute, create, display, and otherwise use, at no charge, any recipe or other material submitted by you for any commercial or other purpose.

When sending in a recipe, please ensure that ‘Florida Avocados’ are featured in the dish. All recipes sent to us will be checked by the AAC team to ensure that they contain avocados and will be added to the Site at our discretion.

We cannot be held responsible for any allergy, injury, damage to equipment or failure to achieve the expected results, while preparing or cooking any of the recipes shared on our Site.

YOUR CONSENT TO OTHER AGREEMENTS

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of this special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I Agree”. This type pf agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms and Conditions, the terms od the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matter governed by the click-through agreement.

EMAIL AND MESSAGE BOARDS

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Avocado Administrative Committee’s Site, you agree to grant the AAC a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing right granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You also agree not to use the AAC’s email service to send spam or to use the website’s domain name when sending email from another destination. The AAC Site may include message boards which allow feedback to the AAC and real-time interaction between users of the site. The AAC does not control the messages, information, or files delivered to the message boards. It is a condition of your use of the message boards and this Site that you do not:

• Restrict or inhibit any other user from using and enjoying the message boards;

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;

• Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

• Post or transmit any information, software or other material which contains a virus or other harmful program; or

• Post or transmit or in any way exploit any information, software, or other material for commercial purposes or which contains advertising.

If you have knowledge that infringing content has been posted on the AAC’s Site, please notify:

Avocado Administrative Committee

PO BOX 900188

Homestead, FL 33090

info@floridaavocado.org

You understand that the Avocado Administrative Committee has no obligation to monitor the message boards. The AAC reserves the right at all times, however, to disclose any information as necessary or proper to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the AAC’s sole discretion are objectionable or in violation of these Terms of Use, or for the purposes of clarity or conciseness. Violators of this policy may be barred from access to our message boards.

REMOVAL OF CONTENT

In general: You can report objectionable UGC or content by contacting us using the information provided below. While we do not have any obligation to remove UGC or content from this Site merely because of a removal request, we will review all such requests and will remove UGC or content that we determine should be removed, in our sole discretion and in accordance with these Terms and Conditions and that which is applicable by law.

Violation of copyrights: AAC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. After notification, AAC reserves the right to request the authorization of permissions if available by the copyright owner(s).

If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitutes copyright infringement, please notify us immediately.

Your notice must be in writing and include the following:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Sites (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Avocado Administrative Committee
PO BOX 900188
Homestead, FL 33090
info@floridaavocado.org
AGREEMENT
Except as expressly provided in a particular “legal notice” on the Avocado Administrative Committee Site, these Terms and Conditions constitute the entire agreement between you and AAC with respect to the use of the AAC Site, and Content. If you have any questions about these Terms and Conditions, please contact us by mail at:

Avocado Administrative Committee

PO BOX 900188
Homestead, FL 33090
info@floridaavocado.org
SEVERABILITY

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

GOVERNING LAW, JURISDICTION, AND VENUE

AAC’s headquarters is located in Homestead, Florida. These Terms and Conditions shall be governed under the laws of the State of Florida without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions shall be venue exclusively in the county of Miami-Dade and the state or federal court in Florida. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and any applicable privacy notice or click-through agreement, contain the entire understanding and agreement between you and us with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and us with respect to this Site.