Terms & Conditions

 

California Artichoke & Vegetable Growers Corporation, a California corporation, doing business as Ocean Mist Farms (“Ocean Mist Farms”), is pleased to maintain this Web site for your personal use. Please browse this Site with the express condition that you agree to the terms set forth below (“Terms of Use”), which may be modified from time to time. Your use of this Site constitutes your acknowledgement and acceptance of the Terms of Use. You may download material displayed for non-commercial, personal use only, provided that you comply with the Terms of Use and the trademark, copyright and other proprietary notices contained on this Site. You may not distribute, modify, transmit, reuse, reprint content of this Site, including the text, images, audio or visual for public or commercial purposes, without prior written permission by Ocean Mist Farms.

 

DISCLAIMER

The information on this Site is provided “as is” for general information only. This Site does not offer technical, medical, or other professional advice or recommendations. You should not rely on the information posted on this Site as a substitute for consultations with qualified professionals. You assume total responsibility and risk for your use of this Site.

While Ocean Mist Farms will use reasonable efforts to include accurate information on this Site, Ocean Mist Farms specifically disclaims any warranties, including but not limited to implied or express warranties of merchantability of fitness for any particular usage, application or purpose, as well as any warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose, or any warranty that this Site, or the server making it available, are free of viruses, worms, Trojans, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.

 

COPYRIGHT AND TRADEMARK

Unless otherwise noted, assume that everything you see or read or hear on this Site is subject to trademark, copyright and/or proprietary protection. The following, among others, are trademarks of Ocean Mist Farms and/or its affiliates and may not be used or reproduced with prior written consent: “CASTROVILLE GREEN GLOBE,” “CLASSIC GREEN GLOBE,” “DELICA-SEA,” “DESERT MIST,” “FROST-KISSED,” “GO FOR THE GLOBE,” “MISTKIST,” “OCEAN MIST,” “ORGANIC MIST,” “SEA MIST,” “SHOR FRESH,” “SURPASSING THE REST WITH ONLY THE BEST, ARTICHOKES AND FRESH VEGETABLES,” “THE ANTIOXIDANT POWERHOUSE,” “VALLEY MIST,” and (Artichoke only design logo). These and other trademarks, service marks and logos on this Site are the property of Ocean Mist Farms. Any use of these images, without prior permission is prohibited.

 

LINKING

Ocean Mist Farms makes no representation, warranty or endorsement, express or implied, as to any of the Web sites accessible through a hyperlink on this Site and is not responsible for the information or materials contained on Web sites linking to this Site. Ocean Mist Farms has not reviewed all such Web sites linked to this Site. Links are provided for convenience only. Ocean Mist Farms does not necessarily endorse the linked Web sites. Ocean Mist Farms may grant the owner of a Web site permission to use a hyperlink to this Site from its Web site. Links to this Site are provided for convenience of reference only and are not intended as an endorsement or warranty by Ocean Mist Farms of the host Web site.

 

NO LIABILITY

You agree that you will hold harmless Ocean Mist Farms and its officers, directors, agents, employees, affiliates, and distributors, from all claims arising out of or related to your access or use of, or your inability to access or use, this Site or the information, services, products or messages contained in this Site or other Web sites to which is it linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Site or another Web site to which it is linked. In no event will Ocean Mist Farms or the contributors of information to this Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages.

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OCEAN MIST FARMS, OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES AND DISTRIBUTORS, FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS SITE.

 

GOVERNING LAW

This Site (excluding linked Web sites) is controlled by Ocean Mist Farms, headquartered in Monterey County, California, USA. By accessing this Site both you and Ocean Mist Farms agree that the laws of the State of California will apply to all matters arising from or relating to use of this Site. You and Ocean Mist Farms also agree to and hereby submit to the exclusive personal jurisdiction and venue of Monterey County, California and the U.S. District Court for the Northern District of California with respect to all such matters. Ocean Mist Farms makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations act on their own initiative and are responsible for compliance with local laws. In the event that any of the provisions stated herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

 

PRIVACY RIGHTS

Ocean Mist Farms is and always has been built on trust. We’re proud to provide products you can trust, and we view our Site as an extension of our products. We are committed to protecting your privacy. The information we collect on this Site is to advise you of new products, give you ideas about how to use our current product, improve the services and functions on this Web site and to provide a communications service to all our consumers. It is our policy not to sell, trade or rent personal information about our users and we will, within our reasonable abilities, seek to maintain your information secure. Except as otherwise required by law, any and all information we collect from you will be used only to support your relationship with us. We do not intend to send unsolicited communications via e-mail, except if we deem it necessary under appropriate circumstances. You can unsubscribe from our services at any time.

 

SOCIAL MEDIA DISCLAIMERS 

If any user of the Ocean Mist Farms Web site follows Ocean Mist Farms on Facebook, Twitter, Pinterest, You Tube, LinkedIn or any other social media sites (“SM Sites”), or posts or causes to be uploaded any comments, text or other writings (including recipes), photos, audio, videos, slides, graphics, artwork, or any other information or other content of any kind (“Content”) on the Ocean Mist Farms Web site or any SM Site where Ocean Mist Farms has a page, is a user or has any other presence, you are agreeing to the following:

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.  Ocean Mist Farms may not monitor or control the Content posted or otherwise uploaded on any SM Site, and Ocean Mist Farms cannot take responsibility for such Content.  Any use or reliance on any Content or materials posted or communicated via any SM Site or obtained by you through any SM Site is at your own risk.

Ocean Mist Farms does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted or communicated via any SM Site or obtained by you through any SM Site, nor do we necessarily endorse any opinions expressed via any SM Site.  You understand that by using any SM Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or deceptive or otherwise fraudulent.  Under no circumstances will Ocean Mist Farms be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via any SM Site or broadcast or otherwise communicated elsewhere.

You agree not to post or submit any Content which infringes or violates someone else’s rights or otherwise violates the law, and agree that Ocean Mist Farms can remove any Content or any other materials you post or submit to the Ocean Mist Farms Web site and/or any SM Site if Ocean Mist Farms believes it violates it terms and conditions of use.  As far as Ocean Mist Farms is concerned, you retain your rights to any Content you submit, post or display on or through the Ocean Mist Farms Web site and/or any SM Site.  However, by submitting, posting or displaying Content on or through the Ocean Mist Farms Web site and/or any SM Site, you grant Ocean Mist Farms a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Ocean Mist Farms makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your digital device, computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content; and (iv) whether any Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  No advice or information, whether oral or written, obtained from Ocean Mist Farms or through the Content, will create any warranty not expressly made herein.

THE OCEAN MIST FARMS WEB SITE IS NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES OCEAN MIST FARMS KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13.  IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO OCEAN MIST FARMS.