Legal Terms and Conditions

Terms of Use

This Terms of Use Agreement governs the website located at http://146.190.135.220 which is owned by Apple & Eve, LLC (“Apple & Eve”, “we”, “us” or “our”, as appropriate). Before you visit or become a user of our website, you must read and accept all of the terms and conditions in this Terms of Use Agreement and of our Privacy Policy.

1. Proprietary Rights
You acknowledge and agree that Apple & Eve (or Apple & Eve’s licensors) own all legal right, title and interest in and to the website, including any intellectual property rights which subsist in the website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the Terms of Use Agreement gives you a right to these rights or to use any of Apple & Eve’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You may electronically copy and print hard copies of pages from this website for your personal or professional use provided that reference is made to Lassonde when the document is used. Aside from the foregoing, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way this website or any of its content including corporate, media, stock market and other information, material, data, text, software, music, sound, photographs, graphics and video included in such content (“Content”).

2. Responsibility for Apple & Eve Content
Although reasonable efforts are used to ensure that this website will be current and accurate, we do not represent or warrant that this website will be error free, or completely accurate or current at all times or at any time. We may make available various Content on our website. The Content on this website is for informational purposes only. We do not guarantee the accuracy, integrity or quality of any Content made available on our website and except as otherwise provided for in this Terms of Use Agreement, Content is available on as “as is” basis. You therefore agree that you will not hold Apple & Eve responsible or liable for any inaccuracies in the Content posted, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via our website.

All press releases and all investor relations information on the website provided by Lassonde are provided for informational purposes only and Lassonde does not warrant the accuracy of such documents after the date of posting. Certain statements posted on the website contain forward-looking information within the meaning of applicable securities laws (“forward-looking statements”). Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Apple & Eve, or developments in Apple & Eve’s business or in its industry, to differ materially from the anticipated results, performance, achievements or developments expressed or implied by such forward-looking statements. Forward-looking statements include all disclosure regarding possible events, conditions or results of operations that is based on assumptions about future economic conditions and courses of action. Forward-looking statements may also include, without limitation, any statement relating to future events, conditions or circumstances. Apple & Eve cautions you not to place undue reliance upon any such forward-looking statements, which speak only as of the date they are made. Forward-looking statements are based on management’s current plans, estimates, projections, beliefs and opinions and assumptions related to these plans, estimates, projections, beliefs and opinions may change. The information contained on the website is subject to change and Apple & Eve reserves the right to change or remove any Content from the website, in whole or in part, at its sole discretion, at any time, without notice. Section 10 of this Terms of Use Agreement provides additional details on the limited liability of Apple & Eve.

3. Responsibility for Partners’ Content
Certain of our partners such as suppliers, health experts or sports celebrities may post or make available Content on our website. This may include health or nutrition related tips and advice. These partners may also share their life experience or their experience in connection with the use of our products. You understand that Apple & Eve is making this Content available to you for informational purposes only and that given that these partners are speaking under their own name and in light of their respective expertise, you acknowledge and agree that Apple & Eve does not endorse and is not responsible or liable for such partners’ Content, and that Apple & Eve is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such partners’ Content, advertising or products.

4. External Links
Our website may link to or provide links to other websites or content or resources. Apple & Eve has no control over such third party’s websites and resources. You acknowledge and agree that Apple & Eve is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Apple & Eve is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or advertising, products, or other materials on or available from such websites or resources.

5. Content License from You
Apple & Eve may make available a Web-based Message Board, which can be used by website users to post Content. When you send, submit, post or display Content through our website, you retain copyright and any other rights you already hold in such Content. By sending, submitting, posting or displaying any Content when using our website or through our website, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. You confirm and warrant to Apple & Eve that you have all the rights, power and authority necessary to grant the above license.

6. Responsibility for User Content
You understand that all Content, whether publicly posted or privately transmitted when sending, submitting or posting Content when using our website (such as when using the Web-based Message Board), is the sole responsibility of the person from which it originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via our website, for instance through the Web-based Message Board and for ensuring that all Content pertaining thereto are accurate and do not include misleading information and in no way infringe or violate anyone’s proprietary rights. More specifically, you agree that you will not use our website to:

violate any laws or third party rights;
use our website if you are temporarily or indefinitely suspended from our website, or if you are under the age of 18 unless your parent or legal guardian provides its consent to your use of our website, and agrees to be bound by this Terms of Use Agreement in respect of your use of the website;
upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libelous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation;
impersonate any person or entity, including, but not limited to, an Apple & Eve official, falsely state or otherwise misrepresent your affiliation with a person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content that you post or transmit through our website;
distribute viruses or any other technologies that may harm our website, or the interests or property of our website’s users;
copy, modify, or distribute Content from our website and Apple & Eve’s copyrights and trademarks; or
harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws.

7. Right to Remove or Disclose Content
You acknowledge that Apple & Eve does not pre-screen Content, but that Apple & Eve has the right (but not the obligation) to refuse or remove any Content that is available via the website or the Web-based Message Content that violates this Terms of Use Agreement or is otherwise objectionable in its discretion. You acknowledge and expressly consent to Apple & Eve accessing, preserving, and disclosing your personal information and Content if required to do so by law or if in good faith it believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Use Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Apple & Eve, its website, its users and the public.

8. Practices Limits Concerning Use of the Web-based Message Board
You acknowledge that Apple & Eve may establish general practices and limits concerning the use of the Web-based Message Board of its website, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the website, the maximum number of postings that may be uploaded by a user, the maximum size of any message that may be uploaded by a user, and the maximum number of times (and the maximum duration for which) you may access or use the Web-based Message Board in a given period of time. You further acknowledge that Apple & Eve reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. Access to Media Information or other Content
Upon requesting access to certain Content available on our website such as Apple & Eve’s media information, you may be asked to identify yourself, provide contact information such as your email address and specify the purpose or intended use of the information. You agree to provide true, accurate, current and complete information about yourself as prompted by the website form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You agree to immediately notify Apple & Eve of any unauthorized use of your personal information or any other breach of security involving your information.

10. Termination of Use
Without limiting other remedies, Apple & Eve may in its sole discretion, limit, suspend, or terminate your use of the website, prohibit access to its website, and take technical and legal steps to keep users off its website, remove and discard any user Content within the website, for any reason, including, without limitation, (a) if Apple & Eve believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use Agreement; (b) request(s) by law enforcement or other government agencies; (c) if you provide any information that is untrue, inaccurate, not current or incomplete in your request to access Apple & Eve’s media information, or Apple & Eve has reasonable grounds to suspect that you have done so; (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) in compliance with legal process; and/or (g) if you have or we believe you have engaged in illegal activities, including without limitation, fraud or in noncompliance with applicable data protection, anti-spam and privacy laws.
You acknowledge and agree that any termination of your access to the website under any provision of this Terms of Use Agreement may be effected without prior notice, and that Apple & Eve may immediately delete your Content. You agree that Apple & Eve is not liable to you or any third-party for termination of your access to the website. The sections of this Terms of Use Agreement which by nature should survive the termination of this Terms of Use Agreement will do so.

11. Limitation of Liability
You will not hold Apple & Eve responsible for actions or inactions, which are made through our website or using our website. We cannot guarantee the secure access to our website, and operation of our website may be interfered with by numerous factors outside of our control. To the extent permitted by law, neither Apple & Eve nor any of its divisions, partners, directors, officers, employees, agents, successors or assigns shall be liable for any damages whatsoever arising out of or related to access to, or use of, this website, including, without limitation, liability for direct, indirect, special, incidental or consequential damages, whether or not Apple & Eve was advised, knew or should have known of the possibility of such damages.
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE & EVE AND ITS LICENSORS AND PARTNERS SHALL NOT BE LIABLE FOR 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, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (EVEN IF APPLE & EVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY MATTER RELATING TO THE WEBSITE INCLUDING WITHOUT LIMITATION (I) ANY CHANGES WHICH APPLE & EVE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY OR STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OR OTHER USERS USE OF THE WEBSITE.

12. Release and Indemnity
If you have a dispute with one or more users, you release us and our licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to indemnify and hold Apple & Eve and its licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of this Terms of Use Agreement, of any Content which you submit, post, transmit or make available through the website or the Web-based Message Board, your use of the website, your connection to the website, or your violation of any rights of another or your violation of any law or the rights of a third party.

13. Privacy
We use your personal information only as described in our Privacy Policy which is part of and is hereby incorporated into this Terms of Use Agreement. If you object to your personal information being transferred or used in the way referred to in our Privacy Policy, please do not use our website.

14. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use Agreement.

15. Law and Forum for Disputes
The laws of the State of Delaware shall apply to the interpretation of this Terms of Use Agreement notwithstanding any conflict of law provisions. All proceedings relating to the website or to this Terms of Use Agreement shall be brought before the courts of the State of Delaware.

16. General
If any provision of this Terms of Use Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Terms of Use Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms of Use Agreement.

17. Changes to the User Agreement
This Terms of Use Agreement is effective on February 15, 2017. Apple & Eve may make changes to the Terms of Use Agreement from time to time. When these changes are made, we will make a new copy of the Terms of Use Agreement and make it available to all users by posting it on our website and all amended terms shall automatically be effective 60 days after they are initially posted. You understand and agree that if you use our website after such date, Apple & Eve will treat your use as acceptance of the updated Terms of Use Agreement.