TERMS AND CONDITIONS OF USE OF OUR WEBSITE

Thank you for visiting the Josie’s Organics website (“Site”). Our lawyers have asked us to communicate a few key areas to you regarding terms and conditions. “Josie’s Organics” is also referred to as “we,” “us” or “our” in these Terms and Conditions of Use. Your use of our website is expressly conditioned on your acceptance of these Terms and Conditions of Use. By using this Site, you signify your agreement to these Terms and Conditions of Use. If you do not agree with any part of these Terms and Conditions of Use, do not use this Site.

We may revise the information on this Site or otherwise change or update the Site, including these Terms and Conditions of Use, without notice. We may also make improvements and/or changes to the products and/or services described on or offered through this Site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions of Use to see if there have been any changes to our policies that may affect you. Your continued use of this Site will signify your continued agreement to these Terms and Conditions of Use as they may be revised from time to time.

THIRD-PARTY SITES, PRODUCTS AND SERVICES

This Site contains links to other Internet Sites (“Third-party Sites”) that are not operated or maintained by us. These links are provided for your convenience. We make no warranties or representations about the content of, any products or services offered by, or the privacy or intellectual property compliance of, such Third-party Sites. We also recommend that you take the time to read the privacy policies, terms and conditions of use and user agreements of these Third-party Sites.

USING “SUBMIT A RECIPE” FEATURE

If you choose to use the “Submit a Recipe” feature of our Site, you agree to the following terms and conditions:

I am submitting a recipe for consideration by Josie’s Organics for use in promotional materials. I hereby irrevocably consent and agree to web, social media, or other nonexclusive use by Josie’s Organics of the recipe and/or photographic image or any portion thereof which has been submitted by me. I hereby give Josie’s Organics, its successors and assignees, my permission to use the recipe and/or photographic image for web, social media, print and any other purpose. This also encompasses all electronic and motion picture media. I waive the right of prior approval and hereby release Josie’s Organics and their legal representatives, successors and assignees from any and all claims and damages of any kind based on the use of said recipe and/or photographic image or any portion thereof. I further waive claim to any compensation of any nature whatsoever. I represent and warranty that the material being submitted by me is under no copyright protection by any third party and I have authority and unrestricted rights to submit said recipe and/or photographic image for Josie’s Organics to use for any and all promotional purposes. I further understand that Josie’s Organics makes no promise or guarantee of any kind that materials I submit will be used. It is understood and agreed that all materials I choose to submit or portion thereof, as well as all materials connected therewith and rights arising thereunder, become the nonexclusive property of Josie’s Organics.

TRADEMARKS

All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or on Site Content are registered or unregistered Trademarks of Josie’s Organics, Braga Fresh Family Farms, and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Site or on the Site Content, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.

HOW YOU MAY USE OUR MATERIALS

You may download, use and copy the materials found on the Josie’s Organics Site for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the Site which pertain to the material being copied.

DIGITAL MILLENNIUM COPYRIGHT ACT

Except as otherwise indicated, all content on this Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, forms, documents, agreements, questionnaires, and software, is the property of Josie’s Organics and Braga Fresh Family Farms or its licensors and is protected by United States and international copyright laws. We allow you to view and use the Site solely for your personal, noncommercial use. Unless specifically authorized in writing by us, any other use of these materials, or of any materials contributed to this Site by entities other than us, on any other Site or networked computer environment is prohibited. Any rights not expressly granted by these Terms and Conditions of Use are reserved by us worldwide. Content and functions, features and services are subject to change or termination without notice.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Site, currently located at http://www.copyright.gov.

In accordance with the DMCA, We have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Ms. Jayme Fields
Josie’s Organics: Internet Copyright Matter
P.O. Box 425
Soledad, CA 93960
831-678-3835

Please note: If you materially misrepresent that online material, products, services or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

DISCLAIMER OF WARRANTY

This Site and its content and all functions, features or services are provided “as is, with all faults,” with no representations or warranties of any kind, either express or implied. You assume total responsibility and risk for your use of this Site, all Site-related functions, features and services, and for your use of any third party websites linked to from our Site. No information or advice given by us or our authorized representatives shall create a warranty of any kind. Any references to specific third-party products or services on this Site do not constitute or imply a recommendation or endorsement by us.

LIMITATION OF LIABILITY

Josie’s Organics and our parent company, Braga Fresh Family Farms, and its officers, directors, employees and shareholders, and other third parties mentioned or linked to or from this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from lost profits, lost data, injury to reputation or business interruption) arising out of or relating in any way to this Site, Site-related functions, features or services or products, content or information contained within this Site, and/or any third party Site, whether based on warranty, contract, tort, or under any other legal theory and whether or not we has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with this Site, Site-related services, and/or third party Sites is to stop using this Site and/or those functions, features, services or third party Sites. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

JURISDICTION, ENFORCEABILITY, GOVERNING LAW, ETC.

Should any provision of these Terms and Conditions of Use or our Privacy Policy be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. These Terms and Conditions of Use and our Privacy Policy shall be governed by and enforced in accordance with the laws of the State of California, excluding its conflict of laws rules. Any claim or dispute between the parties governed by, subject to, relating to or implicating theses Terms and Conditions of Use or our Privacy Policy shall be litigated solely in the Superior Court of the State of California located in Salinas, California or in the Federal District Court located in San Jose, California, and you agree to the exclusive jurisdiction of the said courts.

Last Updated: June 20, 2014