D´Fruta la vida
Terms of use and Conditions
Website URL: www.dfrutalavida.com
Company Name: Dfruta la vida LLC :
Address: 3739 W , Fullerton Ave., Chicago, Illinois, 60614
E-Mail: info@dfrutalavida.com
Phone: (773) 905-7155
The owner mentioned above includes its affiliated companies, websites, applications, software, and
tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and
obligations that you and all users share, as well as any other media form, media channel, mobile
website or mobile application related or connected thereto (collectively, the “website”), for the purpose
of making use of any of the content, software, or other tools on the website (“services”).
PAYMENTS.
All or a portion of the services offered by the Company on the website are paid in accordance with the
terms below:
a.) Forms of Payment. We accept payment through the methods offered at the time of purchase or
when a balance is due. The provider and method of payment are determined by your location, device,
and purchased item. We reserve the right, at any time, to reject payment for any reason.
b.) Currency. Payments will be accepted on the website in the currency based on your location and in
accordance with local laws.
c.) Refund Policy. Except when required by law, payments made by a user are not refundable by the
company. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole
discretion of the company.
d.) In-App Purchases. If the website’s services are offered on an Android, iOS, or other mobile
application (“mobile app”), this Agreement also applies to payments made on the mobile app. In
addition, payments made on the mobile app must also be in accordance with the terms of the mobile
app platform or “store.”
c.) Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall
be considered a one (1) time use based on the registering of a user’s e-mail. It is strictly prohibited for a
user to create and register more than one (1) e-mail solely to access another free trial on the website.
ACCESS.
Your access to and use of the website and the services is conditional upon your acceptance of and
compliance with this Agreement, which applies to all the website’s visitors. If for any reason, you do
not agree with any of the terms of this Agreement, you may not access the website or its services.
Additionally, your access to and use of the services is also conditional upon your acceptance of and
compliance with our privacy policy which describes our policies and procedures on the collection, use,
and disclosure of your personal information which is initiated by and commences when you use the
website. The privacy policy discloses details and discloses your privacy rights and protections under
applicable laws. It is advised to read our privacy policy prior to accessing the website or its services.
a.) Minors (under the age of 18).
If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their
parent or guardian to use the website. If a minor accesses the website, it is assumed that their parent or
guardian has read and agrees to this Agreement and has given permission to the minor to use the
website.
b.) Children (under the age of 13).
If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that
they have obtained permission and verifiable parental consent to use the website. Furthermore, this
Agreement allows the protections mentioned under the Children’s Online Privacy Protection,
specifically, 15 U.S. Code § 6502.
We do not claim that the website’s content is appropriate or suitable for you or any visitor. No
information, data, or information provided on the website is intended for distribution or use in any
location where such usage is prohibited or is contrary to any law or regulation which would subject the
Company to the legal liability of any type. Any such access or use of the website is to be utilized on
your own initiative, and you are solely responsible for any legal compliance.
Any supplemental amendments or documents posted on the website following the effective date of this
Agreement are to be considered expressly incorporated into this Agreement.
PROHIBITED ACTIVITIES.
As a user of our services, whether on the website or mobile app, it is prohibited to engage in the
following activities to:
-Systematically retrieve data or other content from the website or services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without our written permission;
-Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account
information such as user passwords;
-Circumvent, disable, or otherwise interfere with security-related features of the website or services,
including those that restrict the copying of content or protected marks;
-Disparage, tarnish, or otherwise harm the company, website, mobile app, or any other platforms where
the services are offered,
-Use any information obtained from the website or the service to harass, abuse, or harm another person
or group of people;
-Make improper use of our support services, specifically, our customer service representatives, or make
false reports of abuse or misconduct;
-Use the website or services in a manner that is inconsistent with its intended use or against any
applicable laws;
-Engage in spamming, linking, or referring to other websites for commercial or other purposes;
-Upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper
material, including the spamming or continuous posting of repetitive text, that has the potential to
interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the website or
its features, functions, operations, or maintenance;
-Attempting any unauthorized automated use of the website, such as using scripts to send comments
and messages, or using mining tools with the intention of gathering, injecting, or extracting data;
-Deleting copyrights, trademarks, disclaimers, or any other marks from the website or its content;
-Impersonating another user or person by use of a username, e-mail, personal name, or in any other
manner;
-Upload or transmit, or the attempt of such act, any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices, also known as “spyware,” “passive
collection mechanisms” or “pcms;”
-Interfering with, disrupting, or creating an undue burden on the website, services, networks, and other
connections;
-Harassing, annoying, intimidating, or threatening any of the other users, employees, agents,
contractors, or any other individual affiliated with the company;
-Disabling or attempting to disable restrictions implemented by the website that prohibits access to
certain areas;
-Copying or adapting the software of the website, including but not limited to Flash, PHP, HTML,
JavaScript, or other code;
-Deciphering, decompiling, disassembling, or reverse engineering any of the software on the website;
-Except as may be the result of standard search engine or internet browser usage, to use, launch,
develop, or distribute any automated system, including without limitation, any crawlable spider, robot
or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or
launching any unauthorized script or other software;
-Using a buying or purchasing agent to make purchases on the website;
-Making any unauthorized use of the website or the services, such as collecting usernames, e-mail
addresses, or personal names of users by electronic or other means to send unsolicited e-mails or create
user accounts by automated means or under false pretenses;
-Using the website or services as part of any effort to compete with us or otherwise using the website,
services, marks, content, data, or any part thereof for any revenue-generating endeavor, commercial
purpose, or for personal benefit;
-Using the website or services to advertise or offer to sell goods or other services;
-Selling your user profile or account on the website.
GUIDELINES FOR REVIEWS.
We may provide you, either on the website or by a 3″ party, the right to leave a review or rating of the
services provided. Said review or rating requires that you:
-Should have firsthand experience with the person/entity being reviewed;
-Do not contain any offensive, abusive, racist, profanity-laden language;
Upon receipt of a copyright infringement notification, we will take whatever steps are required to
remove the copyrighted content from the website or the services.
INTELLECTUAL PROPERTY.
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs,
and media of any kind (e.g. audio, video, text, photos, etc.), content, trademarks, service marks, logos,
and copyrights are considered to be intellectual and proprietary information (“intellectual property”).
Such intellectual information is under our ownership and protected by local, state, national, and
international laws and will be defended.
No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for commercial purposes without our express prior written permission.
USER OBLIGATIONS.
You, as a user of the website or any of its services, agree to the following:
-Any information used for registration purposes, if required, must be submitted in an accurate and
completed manner;
-If any information should change regarding your account, you agree to change it in a timely fashion;
-You have the legal capacity to understand, agree with, and comply with this Agreement;
-That you are not considered a minor in the jurisdiction where you reside or are accessing the website
or its services;
-That you will not access the website or its services through the use of bots, scripts, or any other use
than the traditional manner as is intended; and
-That you will use the website and its services in an authorized and legal manner in accordance with
this Agreement.
In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or
incomplete, we reserve the right to terminate your access to the website or account and any future
intended use.
USER SUBMISSIONS & CONTENT.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the website (“submissions”) provided by you is public and is not considered
confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive
property along with all intellectual property rights which may be used by us for any lawful purpose,
commercial or otherwise, and without acknowledgment or compensation to you.
With the posting of your submissions, you agree to waive any rights to such submissions and
acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there
is no recourse. Therefore, you may not delete submissions to use them on another platform for your
benefit or to reclaim their rights.
Our website or services may allow you to chat, make postings (available for public or private viewing),
or other communication functionalities, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials on the website,
including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions,
personal information or other material (collectively known as the “content”). Content may be viewable
by other users or the general public. As such, any content transmitted by you may be treated as non-
confidential and non-proprietary. When you create or make any content available on the website, you
are accepting that:
-The creation, distribution, transmission, public display, or performance of displaying your content to
be widely available for accessing, downloading, or copying does not infringe your or its proprietary
rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential
information or moral rights of a 3“ party;
-You are the creator and owner of or have the necessary licenses, rights, consent, releases, and
permissions to use and to authorize us, and other users of the website, to use your content in any
manner deemed reasonable;
-You have the written consent, release, or permission of each and every identifiable individual in your
content to use their name or likeness;
-Your content is not false, inaccurate, or misleading to the detriment of other users, the website, or any
3″ party;
-Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation;
-Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous,
slanderous, or otherwise objectionable (as determined by us);
-Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;
-Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual
or promotes violence against a specific person or class of people;
-Your content does not violate any applicable laws or regulations;
-Your content does not violate any privacy-related concerns or the publicity rights of any 3“ party;
-Your content does not include offensive comments related to groups of race, national origin, gender,
relationship status, familial status, religion, sexual preference, or physical handicap; and
-Your content does not link to material that violates any of the aforementioned provisions of this
section or this Agreement.
By posting your content on our website, you grant us the right and license to use, modify and publicly
perform, display, reproduce, and distribute such content. You retain any and all of your rights to any
content you submit, post, or display and are responsible for protecting those rights. This license
includes the right for us to make your content available to other users of the website, 3“ parties, and to
the general public, with or without your consent.
THIRD (3RD) PARTY WEBSITE AND CONTENT.
Our website or services may contain links to 3“ party websites or services that are not owned or
controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use,
practices, services, experiences, activities, or any other acts by 3™ parties. You acknowledge that if you
are to be re-directed or forwarded to such 3″ party website, you hold us harmless and free of liability
for any action that should occur on such websites, which may or may not include damages, losses, or
any other claims.
SITE MANAGEMENT.
To ensure the best experience for all users of our website and services, we reserve the right, in our sole
discretion, to do the following:
-To monitor our website, services, and any other content for violations by users of this Agreement;
-To take appropriate actions against our users, including legal action, for those who may have violated
this Agreement or have attempted to defraud or cause harm to other users;
-To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size
limits or other properties, are burdensome to our systems or other users; and
-To otherwise manage our website and services in such a way as to protect our rights and property and
to encourage the optimal running of said websites and services.
PRIVACY POLICY.
Your access to and use of our website or services is conditional upon your acceptance of our privacy
policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of
your personal information and details your privacy rights and how the law protects you and such data.
It is recommended for all users to read to know their rights. Our privacy policy can be found at the
following URL: www.dfrutalavida.com/privacy-policy/
We maintain the right to store certain data that you have transmitted by the use of the website or any of
our services. You are solely responsible for the data you transmit and how it relates to any activity you
have undertaken when using the website and any of its services. Therefore, you agree that we have no
liability to you for any loss, breach, or corruption of any data and hereby waive any right of action
against us that may or may not arise from such loss, breach, or corruption.
TERMINATION.
We may terminate or suspend your account for any reason and at our sole discretion. If your account is
suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the
website and/or services will cease immediately.
If you wish to terminate your relationship with us, such termination can be made by simply
discontinuing your use of the website and its services.
GOVERNING LAW.
The laws governing the company’s jurisdiction mentioned herein shall govern this Agreement,
including your use and access to the website and services. Your use of this website, services, and any
mobile app may be subject to other local, state, national, and international laws.
DISPUTE RESOLUTION.
If you should raise any dispute about the website, its content, or any of the services offered, it is
required first to attempt to resolve the dispute formally by contacting us.
a.) Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a
period of 30 days with at least 10 hours to be committed by each party in accordance with the
procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be
shared equally by both parties.
b.) Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will
be submitted to binding arbitration in the jurisdiction of governing law.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the
country where you or we reside.
”AS-IS” DISCLAIMER.
It is recognized to you, as a user of the website and any services offered, that they are provided on an
“as-is,” “where is,” and “as available” basis, including faults and defects without warranty.
To the maximum extent permitted under applicable law, the company, on its own behalf and those of its
affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied,
statutory, or otherwise, with respect to the said website and any services offered, including all implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of the course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, we provide no warranty or undertaking, and make no
representation of any kind, that the content or any services provided will meet your requirements,
achieve any intended results, be compatible or work with any other software, applications, systems,
devices, or services, including operating without interruption, or meet any performance or reliability
standards or be error and bug-free from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any representation or
warranty of any kind, express or limited, in regard to the following:
-The operation or availability of the website or any services, or the information content, and materials
or products included herein;
-The website or any services being uninterrupted or bug-free;
-The accuracy, reliability, or currency of any information or content provided through the website or
services; and
-The website or any services, servers, content, or e-mails sent on behalf of our company is free of
viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the
applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations
may not apply to you. The exclusions and limitations outlined in this section will be applied to the
greatest extent under applicable law.
INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or
affiliates and our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3″
party due to or arising out of the following:
-Our content;
-Use of the website or any of our services;
-Not able to use the website or any of our services;
-Any breach of this Agreement;
-Any beach of representations and warranties set forth in this Agreement;
-Any violation of the rights of a 3“ party, including but not limited to intellectual property rights; and
-Any overt harmful act toward any other user of the website or its services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES.
Except as explicitly stated otherwise, any notices sent to us must be sent to info@dfrutalavida.com.
Any notices sent to you regarding any communication that must be sent in accordance with this
Agreement will be sent to the e-mail registered to any account created on the website.
If notice is required to be sent via standard mail for legal or other purposes, the mailing address in
Section 1 of this Agreement should be used.
ELECTRONIC MEANS.
When accessing the website or any of its services, sending e-mails, online forms, esignatures, or any
type or kind of electronic records or communication, you consent that all agreements, notices,
disclosures, and other communications we provide to you in such manner satisfies any legal
requirement that such communication should be in writing. You hereby agree that the use of such
electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart.
Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records.
CALIFORNIA USERS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs in any of the
methods below:
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.
If you are a user acting on behalf of the U.S. federal government, our website and its services are
treated as a “commercial item” as defined under 48 C.F.R. § 2.101.
MISCELLANEOUS.
This Agreement and any policies or operating rules posted by us, on the website, or through any
services or in respect to such constitute the entire Agreement and understanding between you, as a user,
and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will
not operate as a waiver of such right or provision. This Agreement operates to the fullest extent
permissible by law in accordance with the jurisdiction where we are located and to the protections that
you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our
liabilities, services, and obligations to another party at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or
unenforceable, that said portion of this Agreement is determined to be severable and does not affect the
validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency
relationship between you and us, the website, or any of its services. You agree that this Agreement will
not be construed against us by virtue of having drafted and published on the website for your review.
Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement
and the lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original English text shall prevail in the case of
a dispute.