Welcome to the TempleofThai.com web site (the "TempleofThai.com Site"), a web site owned and operated by Produce Professionals LLC ("TempleofThai.com").
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.
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.
When Temple of Thai.com acts as a distributor of Content, including Digital Content, supplied by third parties and Users, Temple of Thai.com has no editorial control over such Content. Temple of Thai.com is not obligated to review Content, including Digital Content and User Created Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not ofTemple of Thai.com, unless expressly stated otherwise. Temple of Thai.com makes no representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the Temple of Thai.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall Temple of Thai.com be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Temple of Thai.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Temple of Thai.com Site.
The price for an item on the Temple of Thai.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 Temple of Thai.com Site. If the price for the item on the Temple of Thai.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Temple of Thai.com, Temple of Thai.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
The items offered for sale on the Temple of Thai.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Temple of Thai.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM TEMPLE OF THAI.COM THAT IS NOT AS DESCRIBED ON THE TEMPLE OF THAI.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.
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
Temple of Thai.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Temple of Thai.com Site, whether caused by Users of the Temple of Thai.com Site or by any of the equipment or programming associated with or utilized in the Temple of Thai.com Site, including the Temple of Thai.com . Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Temple of Thai.com. Profiles and third party applications created and posted by Users on the Temple of Thai.com Site may contain links to other websites. Temple of Thai.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Temple of Thai.com. Inclusion of any linked website on Temple of Thai.com does not imply approval or endorsement of the linked website by Temple of Thai.com. When you access these third party sites, you do so at your own risk. Temple of Thai.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Temple of Thai.com Site, nor does it take any responsibility for the goods or services provided by its advertisers. Temple of Thai.com is not responsible for the conduct, whether online or offline, of any User of the Temple of Thai.com Site . Temple of Thai.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Temple of Thai.com is not responsible for any problems or technical malfunction of the Temple of Thai.com or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Temple of Thai.com Site or Services. Under no circumstances shall Temple of Thai.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Temple of Thai.com Site, from any Content, including Digital Content and User Created Content, from the Temple of Thai.com , or from the conduct of any Users of the Temple of Thai.com Site or , whether online or offline.
The Temple of Thai.com Site and the Temple of Thai.com are provided by Temple of Thai.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, Temple of Thai.com disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, Temple of Thai.com make no representation or warranty of any kind, express or implied: (i) as to the operation of the Temple of Thai.com Site, or the information, Content, including Digital Content and User Created Content, the Temple of Thai.com and materials or products included thereon; (ii) that the Temple of Thai.com Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the Temple of Thai.com , or merchandise provided through the Temple of Thai.com Site; or (iv) that the Temple of Thai.com Site, its servers, or e-mails sent from or on behalf of Temple of Thai.com are free of viruses, scripts, trojan horses, worms or other harmful components.
Temple of Thai.com does not guarantee the continuous, uninterrupted or secure access to the Temple of Thai.com Site or any related services. The operation of the Temple of Thai.com Site may be interfered with by numerous factors outside the control of Temple of Thai.com.
Under no circumstances shall Temple of Thai.com be liable for any damages that result from the use of or inability to use the Temple of Thai.com Site, including but not limited to reliance by a User on any information obtained from the Temple of Thai.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Temple of Thai.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, merchandise, and services available through the Temple of Thai.com Site.
Temple of Thai.com will not be liable for any indirect, incidental, special or consequential damages arising from the use of the Temple of Thai.com Site or the purchase or download of any Content, including Digital Content, or product therefrom, even if Temple of Thai.com have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XI. APPLICABLE LAW; JURISDICTION
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
* Privacy and Security Policies: http://templeofthai.com/store/security_privacy.php
XIII. DISPUTE RESOLUTION
Alternatively, at Temple of Thai's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Carroll, Iowa.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Temple of Thai.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XIV. DIGITAL MILLENNIUM COPYRIGHT ACT.
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 hosted by Temple of Thai.com, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Temple of Thai.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Temple of Thai.com to locate the material on the Temple of Thai.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Temple of Thai.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Karla Baumhover, Temple of Thai.com, 14525 SW Millikan Way, RCM#10102, Beaverton, Oregon 97005 and at contact us . Temple of Thai.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.