Reservation of Right to Modify These Terms.
Paragon Fruits reserves the right to modify these Terms at any time. In the event that Paragon Fruits modifies these Terms, Paragon Fruits' revised Terms shall be effective immediately upon the posting of such revised Terms. Your continued use of any Site following the posting of any revised Terms shall be deemed to conclusively indicate your acceptance of such revised Terms. Accordingly, you should periodically re-review these Terms.
Usage Restrictions & Limited License.
This Site contains material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks (collectively "Content”), which is derived in whole or in part from material supplied by Paragon Fruits and other sources, and may be protected by international copyright, trademark, trade secret, patent, privacy, publicity, communications and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Paragon Fruits' prior permission.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Terms of Ordering, Shipping and Returns.
The nochtli.net Site may be used to order a selection of products from Paragon Fruits online through the Internet from the United States ("U.S.A.”) only. You may also place an order by telephone by dialing our number (763) 255-1160 from Monday to Friday, 11AM to 5:30pm CST, from anywhere within the U.S.
Only U.S. residents may order products on the nochtli.net Site, and the delivery zone for Paragon Fruits products ordered via the Site is restricted to the United States.
Paragon Fruits reserves the right to cancel any order placed by a customer Paragon Fruits has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate reason.
Products purchased on the Site may only be shipped to locations in the U.S. Any delivery address situated outside the U.S. will be refused during the ordering process. [The Site will accept any delivery address within the U.S. during the ordering process, including PO Box and FPO/APO military addresses.]
If you are unsatisfied with your order, you may return any full price or regular sale item ordered on the Site within the thirty (30) calendar days following the date of delivery minus shipping costs. Returns must be sent in their original condition and packaging to the following address: 8670 Monticello Lane North, Suite B, Maple Grove, MN 55369. You must enclose the original packing slip with your returns or a copy if you are returning part of your order.
Final sale or clearance items may not be returned or exchanged upon receipt of merchandise.
Paragon Fruits will not be responsible or liable if any product you wish to return is delivered late or lost.
Using the Paragon Fruits / Nochtli Logo.
Paragon Fruitsdoes not permit the use of its name or its products names in advertising, as an endorsement for any product or service or for any other commercial purpose without express prior written permission. Similarly, graphics, logos and content created by Paragon Fruits are the property of Paragon Fruits and may not be used without express prior written permission.
Acceptable Use of the Site.
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, the patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity, including Paragon Fruits and its employees and agents;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates these Terms or any other guidelines or policies posted on the Site;
could damage, disable, overburden, or impair Paragon Fruits' servers or networks, or interfere with the operation, or any other party's use and enjoyment, of the Site.
You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.
You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about Paragon Fruits' users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
Information Available on the Site.
Paragon Fruits does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Paragon Fruits. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your User Account.
In the event that you create an account or profile and are provided with user identification names, numbers or codes and/or passwords ("Access Credentials”) in connection with your use of this Site, you agree to keep your Access Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one else uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Paragon Fruits if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Paragon Fruits may terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
THE CONTENT AVAILABLE ON THE SITE IS PROVIDED "AS IS”AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARAGON FRUITS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARAGON FRUITS DOES NOT WARRANT THAT THE SITE OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED. PARAGON FRUITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT PARAGON FRUITS) ASSUME THE ENTIRE COST OF ALL NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. NOCHTLI.NET HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Paragon Fruits, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PARAGON FRUITS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE OR THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify, and hold harmless Paragon Fruits and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney's and expert's fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party's patent, trademark, trade secret, copyright, publicity/privacy or other proprietary rights of any third party; and/or (iv) any use or misuse of your Access Credentials. Paragon Fruits will give you notice in the event of an indemnifiable event. Paragon Fruits reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Paragon Fruits in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms and your license to use the Site.
These Terms are, as between you and Paragon Fruits, effective from the first time you use the Site until terminated by Paragon Fruits. You agree that Paragon Fruits may, for any reason, at any time, with or without notice, terminate your Paragon Fruits account, or access to the Site. In the event of termination, you agree that you are no longer authorized to use or access the Site. Termination of your Paragon Fruits account may include (1) removal of access to all Paragon Fruits services / offerings, (2) deletion of your password, related information, files and content associated with your account, and (3) prohibiting further use of the Site. You agree that Paragon Fruits has sole discretion to terminate your access to the Site and account for cause, and that Paragon Fruits shall not be liable to you or any third party for any termination of your account or access to the Site. You further acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.
Paragon Fruits makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site Content is illegal is strictly prohibited. Those who choose to access the Site from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws.
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of Minnesota, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Minnesota for all disputes, cases and controversies regarding this Site, your use of this Site, and your relationship with Paragon Fruits.
YOU AND Paragon Fruits AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Paragon Fruits' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Paragon Fruits with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Paragon Fruits with respect to subject-matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. In any case, you affirm that you are at least 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Paragon Fruits without restriction.