The Last Harvest Terms of Use

Effective: [8.31.16]

Your use of thelastharvestfilm.com and our affiliated websites, applications, and online services on which these terms are posted (collectively, the "Sites"), and all of the features on the Sites, are subject to these Terms of Use ("Terms"), which is a legally binding contract between you and Driscoll's, Inc. ("Driscoll's"). Please read these Terms carefully before using the Sites. If you do not agree to these Terms, then you may not use the Sites.

Your use of the Sites, including browsing through the Sites, constitutes your acknowledgement that you have the legal authority to enter into a contract on your own behalf, or on behalf of any party you represent, and is your acceptance of these Terms. This includes, but is not limited to, conducting this transaction electronically and accepting the disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of California law. Information collection and use, including the use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.[WH2] You acknowledge that you have read and agree to be bound by these Terms and to comply with all applicable laws, regulations and/or rules with regard to your use of the Site.

From time to time, we may update the Sites and these Terms. It is your responsibility to check these Terms each time you use the Sites. Your continued use of the Sites following the posting of changes to the Terms means that you accept and agree to the changes. Driscoll's may, in its sole discretion, and at any time, discontinue the Sites or any part of them, 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 Driscoll's will have no liability to you if the Sites are discontinued or your ability to access the Sites or any content you may have posted on the Sites is terminated.

YOU MAY NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO THE SITES MAY BE TERMINATED IMMEDIATELY IN DRISCOLL'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS AND/OR ANY ADDITIONAL TERMS REGULATING YOUR USE OF THE SITES, OR FOR ANY OTHER REASON, OR FOR NO REASON.

1. OWNERSHIP AND LICENSE GRANT.

1.1 "Driscoll's Content" means all visual, written, audible or otherwise perceivable data, information or material including, without limitation: any text, images, logos, trademarks, service marks, slogans, graphics, photos, animation, music, sound, artwork, video, layouts, recipes, files, products or program names, compilations thereof, or the coordination, selection and arrangement thereof, or any other material contained within the Sites that is provided by Driscoll's or its licensors. Driscoll's Content is owned by Driscoll's, its licensors, its agents, or its content providers and is protected by United States and international copyright, trademark and other intellectual property laws. All marks, logos, and designs appearing on the Sites are registered trademarks or trademarks of Driscoll's, unless otherwise indicated.

1.2 License to Driscoll's Content. Subject to these Terms, Driscoll's grants you a limited, non-exclusive, non-transferable, revocable license, without the right to sub-license, to use the Sites for your own personal and non-commercial use. Except as expressly provided herein, you are not granted any rights or licenses with respect to any of the Driscoll's Content, and Driscoll's reserves all rights not expressly granted hereunder. The unauthorized copying, reproduction, transmitting, displaying, performing, sales or distribution of the Driscoll's Content and all derivative works based on Driscoll's Content, in whole or in part, either commercially or publicly, is a violation of the law and is prohibited. Driscoll's makes no representation that the Sites or the Driscoll's Content is appropriate or available for use in particular locations.

You expressly agree that you will not download, display or use any Driscoll's Content located on the Sites for use (i) in any publications, (ii) in public performances, (iii) for public display including on websites other than the Sites, (iv) for any other commercial purpose, (v) in connection with products or services that are not affiliated with Driscoll's, (vi) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Driscoll's and/or its licensors, that dilutes the strength of Driscoll's or its licensor's property, or (vii) that otherwise infringes Driscoll's or its licensors' intellectual property rights or the rights of third parties. You further agree to not misuse any Driscoll's Content or other content that appears on the Sites in any other way.

1.3 "Submission" means all content, information, ideas, comments, suggestions, photos, recipes, posts, concepts or other materials you submit to Driscoll's in any manner including but not limited to submission to the Sites or to any Driscoll's social media page, conversation or hashtag. You acknowledge and agree that other than a thank you that you may receive, you will not receive any additional consideration by Driscoll's for any Submission. The information that you provide to Driscoll's through the use of the Sites or through any Submissions are governed by Driscoll's Privacy Policy. You understand and agree that any ideas or other communications you transmit to Driscoll's in any manner, including by using the Sites, or for any reason will not be treated as confidential or proprietary. You also acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to Driscoll's may be used by Driscoll's anywhere, anytime, and for any reason whatsoever.

By submitting, publishing, or otherwise posting any Submission to or through the Sites, you hereby grant Driscoll's a non-exclusive, irrevocable, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute the Submission in any and all current or future forms of media without further consideration or the need to seek third party permission. This license includes the right to host, index, cache, distribute, and tag any Submission, as well as the right to sublicense Submissions to third parties, including other users, for use on other current or future forms of media or platforms, such as for use on mobile phones, in video or computer programs. You continue to retain all ownership rights in your Submission, and you continue to have the right to use your Submission in any way you choose, subject to these Terms and the license described in this paragraph. You represent and warrant that you own the material contained in the Submission or that you have the right to grant the license in this paragraph, and that displaying, publishing or posting the Submission, and Driscoll's use of the Submission as allowed by this license does not and will not violate the privacy rights, publicity rights, or intellectual property rights of any person or entity. Driscoll's has no obligation to use any Submission.

2. YOUR OBLIGATIONS & CONDUCT.

2.1 Posting Rules. Use of the Sites and all Submissions are governed by these Terms and subject to the following rules ("Posting Rules"). Driscoll's may terminate your account if it believes, in its sole discretion, that you have violated any of these Posting Rules, these Terms, any law or for no reason at all. Driscoll's reserves the right to monitor, though it may not necessarily do so, any and all messages, postings, or other Submissions sent or posted to the Sites, and reserves the right to remove or to refuse to post anything that Driscoll's, in its sole discretion, views to be in violation of these Posting Rules, the law, or is otherwise inappropriate.

You understand and acknowledge that you will not:

  • transmit software viruses, worms, Trojan horses, or any other computer code, files, or programs to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment, or use the Sites to do so;
  • harm or threaten to harm Driscoll's, Driscoll's personnel, any other user of the Sites or any other individual;
  • pretend to be Driscoll's, Driscoll's personnel, or otherwise misrepresent your identity or affiliation in any way;
  • link to another website, unless you receive Driscoll's prior express written consent;
  • violate or infringe anyone's intellectual property rights, rights of publicity or rights of privacy;
  • interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, invasive of another's privacy, vulgar, obscene, pornographic, hateful, or racially, ethnically, or otherwise objectionable or harmful as determined by Driscoll's in its sole discretion; or
  • upload, post, email, transmit or otherwise communicate any content that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing users to a location for more information about a product or service.

2.2 Claim of Intellectual Property Infringement. Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Driscoll's has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by filling out, signing and submitting a Proprietary Rights Complaint Process and Notification Form to our designated agent. You may Contact Us to request a copy of this form, or call our 24 hour toll-free number at 1-800-871-3333. You may reach our Designated Agent at Driscoll's, Attn: DMCA Agent, P. O. Box 50045, Watsonville, CA 95077-5045. The Notification Form must be fully completed to be effective.

3. ACCOUNTS, PASSWORDS, AND SECURITY. Certain areas of the Sites 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.

You understand 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 loyalty and rewards programs. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control. You also understand and agree that certain offers, services and features may be made available on the website version(s) of the Sites and not on mobile app version(s) of the Sites, and vice versa.

If the Sites requires you to create an account or otherwise submit information, you must complete the specified process by providing Driscoll's with current, complete, and accurate information as requested by the applicable registration form. 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. During the registration process, you may be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including all transactions and other activities undertaken with your device, whether authorized or unauthorized. You agree to notify Driscoll's immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Sites. Driscoll's 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. Driscoll's 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 activity associated with the Sites.

Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You agree that Driscoll's and Driscoll's 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 software updates, product support, and other services to you (if any) related to the Sites. You grant Driscoll's the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Driscoll's believes you may be interested, including working with third parties who provide targeted advertising content.

4. DISCLAIMERS.

Driscoll's and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, "Driscoll's Affiliates") make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness, or adequacy of any information, facts, views, opinions, statements, or recommendations contained on the Sites. Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by Driscoll's or the Driscoll's Affiliates.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITES AND THE DRISCOLL'S CONTENT. DRISCOLL'S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE SITES (INCLUDING ANY SITES UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES, (INCLUDING ANY SITES UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES (INCLUDING ANY SITES UPDATES) WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH US FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE DRISCOLL'S CONTENT OR THE SITES IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.

5. LIMITATION OF LIABILITY

5.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRISCOLL'S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITES.

5.2 Links To Third Party Sites. Any links to the internet sites of third parties are provided solely for your convenience and such sites are not owned, controlled, or operated by Driscoll's. Driscoll's has no control over any linked third party sites, is not responsible for the content of such sites, and makes no representations or warranties with respect to such sites. If you click through to a third party site, you do so at your own risk.

5.3 Performance Limitations. Driscoll's and the Driscoll's Affiliates are not responsible for any resulting damage to any user's device or computer from any virus, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure, or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure and you should consider this before e-mailing Driscoll's or the Driscoll's Affiliates any information or posting information to the Sites. Driscoll's and the Driscoll's Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability, or operation of the Sites. The Sites may be temporarily unavailable due to maintenance, malfunction of computer equipment, or other reasons.

5.4 INDEMNITY. BY ACCESSING THE SITES, REGISTERING WITH THE SITES, AND/OR ACCEPTING OR PROVIDING ANY INFORMATION FROM OR TO THE SITES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DRISCOLL'S AND THE DRISCOLL'S AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SITES OR THE DRISCOLL'S CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE, COMPUTER, OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SITES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD OR OTHER ACCOUNT DETAILS; OR (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD; OR (I) DRISCOLL'S USE OF THE SUBMISSIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DRISCOLL'S DEFENSE OF ANY CLAIM. DRISCOLL'S RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DRISCOLL'S.

5.5 NOT MEDICAL ADVICE. INFORMATION PROVIDED ON THE SITES ABOUT TESTS, CONDITIONS, DIAGNOSES, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE SITES DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION. USE OF THE SITES IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE SITES SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITES.

6. MISCELLANEOUS.

6.1 These Terms constitute the entire agreement between you and Driscoll's and governs your use of the Sites, superseding any prior agreements between you and Driscoll's, whether written or oral, relating to the foregoing.

6.2 If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms. In the event that any provision of these Terms shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of these Terms shall continue in full force and effect. The failure of Driscoll's to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the Sites and/or these Terms will be resolved individually, without resort to any form of class action.

6.3 By using the Sites, you agree that these Terms and the relationship between you and Driscoll's is governed by the laws of the State of California, without regard to its conflict of law principles, to the extent such principles would require or result in the application of another state's laws. All disputes in relation thereto shall be subject to the non-exclusive jurisdiction of the federal courts located in the State of California.

6.4 In the event that you have a dispute with another user or other party related to the Sites, you release Driscoll's (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.5 Driscoll's is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

6.6 If these Terms or your permission to use the Sites is terminated by Driscoll's for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Sites and anything relating to or arising from such use. If you are dissatisfied with the Sites or with these Terms or the Privacy Policy, then your sole and exclusive remedy is to discontinue using the Sites.

6.7 In the event of a complaint or concern regarding these Terms or the Sites, or for more information, please contact Driscoll's by email at webmaster@driscolls.com or write us at P. O. Box 50045, Watsonville, CA 95077-5045.

All rights not granted herein are expressly reserved to Driscoll's, Inc.

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