TempleofThai.com Terms of Use

Welcome to the TempleofThai.com web site (the "TempleofThai.com Site"), a web site owned and operated by Produce Professionals llc ("TempleofThai.com").

The terms and conditions stated below, along with the policies and guidelines located throughout the TempleofThai.com Site (collectively herein the "Terms of Use") identify what users of the TempleofThai.com Site (each a "User") can expect from TempleofThai.com, TempleofThai.com Providers (as defined below) and the TempleofThai.com Site and what we expect from Users. By visiting any area on the TempleofThai.com Site or making a purchase via the TempleofThai.com Site, a User is deemed to have accepted the Terms of Use.

I. LICENSES AND RESTRICTIONS
TempleofThai.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with TempleofThai.com) of the TempleofThai.com Site. TempleofThai.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of TempleofThai.com so long as the link does not portray TempleofThai.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing does not include any rights to:

* modify, download (other than page caching), reproduce, copy, or resell the TempleofThai.com Site, the Content or any portion or derivative thereof;
* commercially use the TempleofThai.com Site, the Content or any portion derivative thereof (unless User has a business relationship with TempleofThai.com);
* enable high volume, automated, electronic processes that apply to the TempleofThai.com Site or its systems;
* use any robot, spider, data miner, scraper or other automated means to access the TempleofThai.com Site or its systems for any purpose;
* interfere or attempt to interfere with the proper working of the TempleofThai.com Site;
* bypass any TempleofThai.com measures used to prevent or restrict access to any portion of the TempleofThai.com Site;
* frame or utilize framing techniques to enclose any logo, or other proprietary information (including images, text, page layout, or form) of TempleofThai.com;
* use TempleofThai.com name, services marks or logos in any meta tags or any other "hidden text" or
* compile, repackage, disseminate or otherwise use data extracted from the TempleofThai.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require TempleofThai.com's express written consent (which may include a written agreement signed by an authorized representative of TempleofThai.com). Any unauthorized use of the TempleofThai.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by TempleofThai.com.

II. CONTENT
Proprietary Rights
User acknowledges that the TempleofThai.com Site contains Content that are protected by copyrights, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and TempleofThai.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Third-Party Content
TempleofThai.com is a distributor and not a publisher of Content supplied by third parties and Users. TempleofThai.com has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, are those of the respective authors or distributors and not of TempleofThai.com or any TempleofThai.com Provider, unless expressly stated otherwise. Neither TempleofThai.com nor any TempleofThai.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the TempleofThai.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either TempleofThai.com or any TempleofThai.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the TempleofThai.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the TempleofThai.com Site.

III. PRICES
The price for an item on the TempleofThai.com Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the TempleofThai.com Site. If the price for the item on the TempleofThai.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of TempleofThai.com, TempleofThai.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.

IV. RISK OF LOSS
The risk of loss and title for all items purchased via the TempleofThai.com Site pass to the User upon delivery of the item to the carrier.

V. PRODUCT DESCRIPTION
IF A USER PURCHASES AN ITEM FROM TempleofThai.COM THAT IS NOT IS NOT AS DESCRIBED ON THE TempleofThai.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

VI. AGE OF USERS
TempleofThai.com does not intend the TempleofThai.com Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). TempleofThai.com relies upon Guardians to determine if any Content or items available on the TempleofThai.com Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the TempleofThai.com Site only under the supervision of Guardian.

VII. INDEMNITY
User agrees to indemnify and hold each TempleofThai.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

IIX. NOTICES
User consents to receive electronic communications from TempleofThai.com addressed to the e-mail address posted on the TempleofThai.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this TempleofThai.com Site satisfies any legal requirement that such communications be made in writing.

IX. DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR USE OF TEMPLEOFTHAI.COM IS ENTIRELY AT YOUR OWN RISK. TEMPLEOFTHAI.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TempleofThai DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TempleofThai DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY TEMPLEOFTHAI.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TEMPLEOFTHAI.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER TEMPLEOFTHAI NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE TEMPLEOFTHAI.COM OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH TEMPLEOFTHAI.COM TEMPLEOFTHAI.COM's LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY TEMPLEOFTHAI.COM AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

X. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XI. APPLICABLE LAW; JURISDICTION
The TempleofThai.com Site is created and controlled by TempleofThai.com in the State of Iowa. The laws of the State of Iowa will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of TempleofThai.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Carroll County, Iowa and waives any objection to the laying of venue of any litigation in said courts.

XII. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the TempleofThai.com Site, the following policies are incorporated into the Terms of Use:

* Privacy and Security Policies: http://www.templeofthai.com/privacy_policy.php (also accessible via a link on the bottom of the TempleofThai.com Site pages)

XIII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and TempleofThai.com regarding User's relationship with TempleofThai.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the TempleofThai.com Site or making a purchase via the TempleofThai.com Site, a User is deemed to have accepted the Terms of Use.

XIV. MODIFICATION
TempleofThai.com reserves the right to make changes to the TempleofThai.com Site, posted policies and Terms of Use at any time without notice. These terms and conditions were last revised on September 26, 2006.