Terms and Conditions
Ten Mile Creek, Inc. operates FrootSalid.com as a means to provide information to those interested in green lifestyles, and to connect small growers with members of their community willing to purchase their surplus goods. This Terms of Service Agreement (“Agreement”) sets forth the legally binding terms for use of The Site. This document explains how the agreement is made up, and sets out the terms of the agreement. This Agreement includes FrootSalid’s policy for acceptable use of the Services, Site and Content posted on or through the Services and your rights, obligations and restrictions regarding your use of the Services and Content posted on or through the Services. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from FrootSalid. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by e-mailing us at: info@frootsalid.com, Subject: Terms of Service Agreement.
1. Your relationship with FrootSalid
1.1 Your use of the services offered by FrootSalid.com -- which include content, applications, classified advertisement hosting, websites, and other features that will improve the user experience on our site (referred to collectively as the “Services” in this document) --is subject to the terms of a legal agreement between you and Ten Mile Creek, Inc. d/b/a FrootSalid.com (“FrootSalid”). FrootSalid is hosted in the United States and can be contacted via the FrootSalid.com website (“The Site”) or through the United States Postal Service at Post Office Box 6051, Chesterfield, Missouri 63006, USA.
1.2 Unless otherwise agreed in writing with FrootSalid, your agreement with FrootSalid will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with FrootSalid will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and FrootSalid in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that service.
2. Accepting the Terms
2.1 In order to use the services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
A. clicking to accept or agree to the Terms, where this option is made available to you by FrootSalid in the user interface for any Service; or
B. actually using the Services. Whether you are a “Visitor” (meaning you simply browse through The Site or otherwise use the Services without being registered) or you are a “Member” (which means you have registered with FrootSalid.) The term “User” refers to a Visitor or a Member. In whichever case, you understand and agree that FrootSalid will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if A.) you are not of legal age to form a binding contract with FrootSalid, or B.) You are a person barred from receiving the Services under the laws of the United State or other countries including the country in which you are resident or from which you use the Services. By using the Services you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or are 13 years of age and have parental permission and supervision; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and do not have parental supervision, or if we believe you are over 18 and represent yourself as under 18.
2.4 By using the Services, you agree to be bound by this Agreement, You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the FrootSalid Site and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members, and or make use of FrootSalid services, you must read this agreement and indicate your acceptance during the registration process.
2.5 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where FrootSalid has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for you convenience only and that the English language versions of the Terms will govern your relationship with FrootSalid.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by FrootSalid
4.1 FrootSalid has affiliated legal entities (“Subsidiaries And Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of FrootSalid itself. You acknowledge and agree that Subsidiaries And Affiliates will be entitled to provide the Services to you.
4.2 FrootSalid is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which FrootSalid provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that FrootSalid may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at FrootSalid’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform FrootSalid when you stop using the Services.
4.4 You acknowledge and agree that if FrootSalid disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while FrootSalid may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Serive, such fixed upper limits may be set by FrootSalid at any time, at FrootSalid’s discretion.
5. Use of the Services
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to FrootSalid will always be accurate, correct and up to date.
5.2 You agree to use the services only for purposes that are permitted by A.) the Terms and B.) any applicable law, regulation or generally accepted practies or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant counties).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by FrootSalid, unless you have been specifically allowed to do so in a separate agreement with FrootSalid. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with FrootSalid, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that FrootSalid has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FrootSalid may suffer) of any such breach.
5.7 You acknowledge that FrootSalid reserves the right to charge for any portion of the Services and to change its fees from time to time in its discretion. If FrootSalid terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
6. User Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to FrootSalid for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify FrootSalid immediately at info@frootsalid.com Subject Line: Account Security Breach.
7. Privacy and Your Personal Information
7.1 For information about FrootSalid’s data protection practices, please read FrootSalid’s privacy policy at http://www.frootsalid.com/privacy. This policy explains how FrootSalid treats your personal information, and protects your privacy, when you use the services.
7.2 You agree to the use of your data in accordance with FrootSalid’s privacy policies.
7.3 Please choose carefully the information you post on or through FrootSalid or our Services, and that you provide to other Users. Your posted content my not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other FrootSalid Members (For instance, in a classified Advertisement) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and FrootSalid assumes no responsibility or liability for this material. If you become aware of misuse of the Services or Site by any person, please click on the “Contact FrootSalid” link at the bottom of the FrootSalid Website Pages.
8 Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that the Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to FrootSalid (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Content (wither in whole or in part) unless you have been specifically told that you may do so by FrootSalid or by the owners of that Content, in a separate agreement.
8.3 FrootSalid reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Serive. For some of the Services, FrootSalid may provide tools that filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that FrootSalid has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which FrootSalid may suffer) by doing so.
8.6 The Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by FrootSalid. FrootSalid reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.
8.7 FrootSalid reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
9. Proprietary Rights
9.1 You acknowledge and agree that FrootSalid (or FrootSalid’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist.) You further acknowledge that the Services may contain information which is designated confidential by FrootSalid and that you shall not disclose such information without FrootSalid’s prior written consent.
9.2 Unless otherwise agreed to in writing by FrootSalid, nothing in the Terms gives you a right to use any of FrootSalid’s trade names, trade marks, service marks, logos, domain names, intellectual property, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with FrootSalid, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and FrootSalid’s brand feature use guidelines as updated from time to time. These guidelines can be viewed at http://www.frootsalid.com (or such other URL as FrootSalid may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, FrootSalid acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with FrootSalid, you agree that you are responsible for protecting and enforcing those rights and that FrootSalid has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by FrootSalid, you agree tha tin using the services, you will not use any trade mark, service mark, trade name, logo or any company or organization, or intellectual property, in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, property or logos.
10. License from FrootSalid
10.1 FrootSalid gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FrootSalid as part of the Services as provided to you by FrootSalid (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FrootSalid, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by FrootSalid, in writing.
10.3 Unless FrootSalid has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content License from User
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give FrootSalid a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling FrootSalid to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for FrootSalid to make such Content available to other companies, organization or individuals with whom FrootSalid has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that FrootSalid, in performing the required technical steps to provide the Services to our users, may A.) Transmit or distribute your Content over various public networks and in various media; and B.) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that his license shall permit FrootSalid to take these actions.
11.4 You confirm and warrant to FrootSalid that you have all the rights, power and authority necessary to grant the above license.
12. Software Updates
12.1 The Software which you use may automatically download and install updates from tie to time from FrootSalid. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhance funtions, new software modules and completely new versions. You agree to receive such updates (and permit FrootSalid to deliver these to you) as part of your use of the Services.
13. Ending your relationship with FrootSalid
13.1 The Terms will continue to apply until terminated by either you or FrootSalid as set out below.
13.2 If you want to terminate your legal agreement with FrootSalid, you may do so by A.) notifying FrootSalid at any time and B.) closing your accounts for all of the Services which you use, where FrootSalid has made this option available to you. Your notice should be sent, in writing, to FrootSalid’s address which is set out at the beginning of these Terms.
13.3 FrootSalid may at any time, terminate its legal agreement with you if:
A) You have breached any provision of the Terms (or have actied in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
B) FrootSalid is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
C) The partner with whom FrootSalid offered the Services to you has terminated its relationship with FrootSalid or ceased to offer the Services to you; or
D) FrootSalid is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
E) The provision of the Services to you by FrootSalid is, in FrootSalid’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Frootsalid’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of th legal rights, obligations and liabilities that you and FrootSalid have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are express to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT FROOTSALID’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISTICTIONS DO NOT ALOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OR IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RIST AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
14.3 IN PARTICULAR, FROOTSALID, ITS SUBSIDIARIES, PARENT COMPANY, AFFILIATES, AND ITS LICESORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
A.) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
B.) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C.) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
D.) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTANED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTANIED BY YOU FROM FROOTSALID OR THROUGH OR FROM THE SERVICES SHALL CREATY ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 FROOTSALID FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FROOTSALID, ITS SUBSIDIARIES, PARENT COMPANY, AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A.) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B.) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I.) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
(II.) ANY CHANGES WHICH FROOTSALID MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III.) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV.) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON FROOTSALID’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT FROOTSALID HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copy right and trade mark policies
16.1 It is FrootSalid’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of FrootSalid’s policy can be obtained by writing FrootSalid at the address which is set out at the beginning of these Terms.
16.2 FrootSalid operates a trade mark complaints procedure in respect to FrootSalid’s advertising business, details of which can be obtained by writing FrootSalid at the address which is set out at the beginning of these Terms.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotosion. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by FrootSalid on the Services are subject to change without specific notice to you.
17.3 In consideration for FrootSalid granting you access to and use of the Services, you agree that FrootSalid may place such advertising on the Services.
18. Other Content
18.1 The Services may include hyperlinks to other web sites or content or resources. FrootSalid may have no control over any web sites or resources which are provided by companies or persons other than FrootSalid.
18.2 You acknowledge and agree that FrootSalid is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that FrootSalid is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 FrootSalid may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, FrootSalid will make a new copy of the Universal Terms available at www.frootsalid.com/legal and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, FrootSalid will treat your use as acceptance of the updated Universal Terms or Additional Terms. It is therefore important that you review this Agreement regularly to ensure you are updated to any changes.
20. General Legal Terms
20.1 Sometimes when you use the services, you may (as a result of, or though your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and FrootSalid and govern your use of the Services (but excluding any services which FrootSalid may provide to you under a separate written agreement), and completely replace any prior agreements between you and FrootSalid in relation to the services
20.3 You agree that FrootSalid may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if FrootSalid does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FrootSalid has the benefit of under any applicable law), this will not be taken to be a formal waiver of FrootSalid’s rights and that those rights or remedies will still be available to FrootSalid.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies to which FrootSalid is related shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with FrootSalid under the Terms, shall be governed by the laws of the State of Missouri without regard to its conflict of laws provisions. You and FrootSalid agree to submit to the exclusive jurisdiction of the courts located within Saint Louis County, Missouri, USA to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FrootSalid shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.