Terms of use


These Terms set out the conditions upon which you may access the Site.

Becoming a Registered User
Becoming a Registered User is free. You may only apply to become a Registered User if you can form a legally binding contract that is enforceable against you. In submitting your application to become a Registered User, you warrant that you can form a legally binding contract.

Accurate Information
You warrant that you will provide complete, accurate and current information when applying to become a Registered User. You must maintain and update your information held by Ocean Spray to ensure it is kept current at all times. Ocean Spray may phone or email you to verify these details.

You must not register as a Register User under multiple identities or personas (whether false or not). This requirement does not prevent related persons or companies from registering, provided they disclose their relationship to Ocean Spray at the time of registration.

Access
Acceptance of the Terms, and provision of the information above, will enable you to access further information in relation to CranberryAuction. It does not impose any obligation:

  • on you to apply to become a Qualified Bidder; or
  • on Ocean Spray to accept any application you may make to become a Qualified Bidder, or to sell you any cranberry products via CranberryAuction.

Once you have submitted this Registration Form and your registration has been accepted by Ocean Spray, you will have access to a summary of the Qualification Process.

Material on the Site may contain general information about Ocean Spray's products and the electronic trading platform and trading processes. This information is intended only as an introductory guide to Ocean Spray's products and CranberryAuction, and this information does not constitute an offer or inducement to enter into a legally binding contract.

The Site may not always be available for use. Maintenance, repairs, changes or updates to the Site may occur without notice.

The Site is an information website and it is not possible to purchase any products using the Site. The Site provides information on the timing of future Trading Events and will describe how to access the trading system prior to the Trading Event. Participation in any mock or trial Trading Events through the Site or the trading system does not entitle you to purchase any products from Ocean Spray.

Changes
These Terms may be amended in whole or in part by Ocean Spray from time to time. Amendments will be effective immediately upon posting of the amended Terms on this Site. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Site represents your agreement to be bound by the Terms as amended.

Ownership
Ocean Spray (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, business names, trade names, icons and sound recordings) and the software and other material underlying and forming part of the Site. You may not without prior written permission, in any form or by any means:

  • adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
  • commercialize, copy, or on-sell any information or items obtained from any part of this Site.

Use of the Site and termination of use
You are prohibited from using the Site for any unlawful purpose.

Without limiting any other rights and remedies available to Ocean Spray, Ocean Spray may limit your activities on the Site, remove you from the Site, issue a warning to you, suspend or terminate your status as a Registered User, or refuse to provide any other services to you, if you breach these Terms or the Confidentiality Agreement, or where Ocean Spray considers it appropriate.

No warranties
Your use of the Site is at your own risk. The materials and information on this Site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by law, Ocean Spray does not warrant that the Site will be uninterrupted, secure or error free.

While Ocean Spray has endeavored to supply accurate information on this Site, Ocean Spray, its officers, employees, advisors and agents do not warrant its accuracy, adequacy, currency or completeness, or that it is suitable for your intended use. The Site, content and materials are provided on an “as is” and “as available” basis. Under no circumstances, including but not limited to negligence, shall Ocean Spray be liable for your reliance on any such information nor shall Ocean Spray be liable for any direct, incidental, special, consequential, indirect or punitive loss or damages that result from the use of, or the inability to use, this Site

You agree that no advice or information that is obtained by you from the Site or anyone else shall create any warranty by Ocean Spray that is not expressly stated in the Terms.

Exclusion of liability
Ocean Spray will use its reasonable endeavors to ensure the availability of the Site, subject to any downtime required for maintenance. However, Ocean Spray takes no responsibility for any Site unavailability, or for any loss that is incurred as a result of the Site or any services contained on the Site being unavailable. Further, Ocean Spray assumes no responsibility for the corruption of any data or information held by Ocean Spray.

To the fullest extent allowed by law, Ocean Spray and its officers, employees, advisors and agents do not accept responsibility, and shall not be responsible for, any loss or damage arising from, or as a consequence of, use of, or reliance upon, any information, data or material and expressly disclaim any liability which is based on, or arises out of, the information, data or material contained on this Site.


Force majeure
Ocean Spray has no liability for any lack of performance, unavailability or failure of the Site, or any failure of Ocean Spray to comply with these Terms, where the same arises from any cause reasonably beyond the control of Ocean Spray.

Indemnity
You agree to indemnify, defend and hold harmless Ocean Spray and its officers, employees, advisors, agents and suppliers from any liability, loss, claim and expense (including solicitor costs) related to your breach of these Terms or the Confidentiality Agreement.

Security
Ocean Spray will use commercially reasonable methods to keep your personal information secure in our files and systems. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.

You are responsible for keeping your login information, including your password, secret and secure. Without limiting the foregoing, you agree:

  • not to permit any other person (other than one of your authorised representatives) to use your user name; and
  • not to disclose, or provide to any other person (other than one of your authorised representatives), your password, or any other information in connection with your status as a Registered User, that may allow them to gain access to the Site.

You must not damage, interfere with or harm the Site, or any network or system underlying or connected to them, or attempt to do so.

 

General
Ocean Spray assumes no responsibility for sites linked to this Site. Ocean Spray provides links only as a convenience, and the inclusion of any link does not imply the endorsement, investigation or verification by Ocean Spray of the linked site.

If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, or in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

If Ocean Spray does not exercise or enforce any right available to it under these Terms, it does not constitute a waiver of those rights.

Those who access the Site from locations outside the United States are responsible for compliance with local laws. Massachusetts law governs the Site and all who use it submit to the non-exclusive jurisdiction of the Massachusetts Courts.

Emails and newsletters
Ocean Spray may send you emails relating to your activities on the Site, and for promoting and marketing CranberryAuction. Ocean Spray may also send you regular electronic newsletters. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.



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