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Welcome to the www.pbhcatalog website (the “Site”) is comprised of various web pages operated by Produce for Better Health Foundation (“PBH”). The site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The purpose of the website is to provide a variety of nutrition education materials and resources to help educators, public health professionals, health professionals, etc. educate others on the importance of including a variety of fruits and vegetables in the daily diet. Resources range from curriculum and informational brochures to promotional items.
Privacy
Your use of the Site is subject to PBH’s Privacy Policy which governs the Site.
Electronic Communications
Visiting this Site or sending emails to PBH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PBH is not responsible for third party access to your account that results from theft or misappropriation of your account. PBH and its associated reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
PBH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Stie only with permission of a parent or guardian.
Cancellation/Refund Policy
We will accept any item returned within 30 calendar days in same condition sent for full refund or credit less shipping charges. Contact PBH Customer Service for all returns and give name of item, item number, quantity, and price. The more details you give us, the faster the adjustment on your order. After 30 calendar days, a 10% restocking fee will be applied for each item returned and subtracted from the eligible refund or credit.
Links to Third Party Sites/Third Party Sites
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PBH and PBH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked site, or any changes or updates to a Linked Site. PBH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PBH of the site or any association with its operators.
Certain services made available via this Site are delivered by third party sites. By using any product, service, or functionality originating from this Site, you hereby acknowledge and consent that PBH may share such information and data with any third party with whom PBH has a contractual relationship to provide the requested product, service or functionality on behalf of this Sites users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PBH that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site is the property of PBH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PBH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
Indemnification
You agree to indemnify, defend and hold harmless PBH, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PBH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PBH in asserting any available defenses.
Liability Disclaimer
The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PBH and/or its suppliers may make improvements and/or changes in the site at any time.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PBH as a result of this agreement or use of the Site. PBH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PBH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PBH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Changes to Terms/Conditions
PBH reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms will supersede all previous versions. PBH encourages you to periodically review the Terms to stay informed of our updates.
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