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PRIVACY POLICY

Your privacy is very important to Covetower LLC (“Covetower,” “we” or “us”).  In order to best protect your information, we have adopted this privacy policy (“Privacy Policy”), which applies to any and all information about you that we collect.  It is important to note that this Privacy Policy only applies to information that we collect through www.avocadosarefruit.io and related websites that we own and control (the “Website”).  Therefore, if you click any links on the Website that lead to websites owned or operated by third parties or if you access any other website, this Privacy Policy no longer applies.  You should review the privacy policies adopted by those third parties to ensure that you know what information is being collected and for what it is being used.  Also note that the Website is not directed at children under the age of 18 years. 

What Information We Collect and How We Collect It

Some of the information we collect is Personally Identifiable Information (“PII”).  PII, collected only with your consent, includes your email address and any other information that you provide to us that is linked to your identity.  We will only collect PII that is relevant to the services that we provide and the maintenance of the Website.  This may occur, for example, when you communicate with us through our Website or by phone, mail or email.  Remember that you always have the option not to provide information by choosing not to use the Website or by not using the particular feature of the Website for which the information is being collected.

We currently do not use “cookies,” but we reserve the right to begin to use them at any time.  Cookies are small pieces data that are stored on your computer by your browser.  This data helps our Website manage your experience while you visit and helps us determine whether you are a first-time visitor.  You can always tell your Internet browser that you don’t want to have any cookies downloaded to your computer.  Check with the provider of your particular browser to find out how.  Before you do however, note that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our Website that require cookies to function.  Lastly, third parties who partner with us to display advertising, if we have any, may also use cookies to collect or store data.

We may also collect non-personally identifying information.  As an example, we may collect information as visitors browse our Website such as the number of people that visit, what pages are visited and from where visitors come (like Google or Bing).  We may also compile this data to enable statistical analysis of our services that would be used internally or with external assistance to make improvements to our Website.  We may also provide this information to third parties, including advertisers.  Remember though that this information is not personally identifiable.

California Do Not Track Procedures

We respect your choices about what PII we collect and what PII third parties can collect through us.  Therefore, if we ever begin to use any tracking technology, we will follow any Do-Not-Track instructions from your browser and any other direction that you give us regarding collection and dissemination of PII.  Note however that any Do-Not-Track or similar mechanism will not affect our collection of the data that you voluntarily provide to us, as detailed above.  So, please do not provide us with any information that you do not want collected.  California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding disclosure of their personal information to third parties for direct marketing purposes. We do not make any such disclosures, however, if you would like to make such a request, please send an email to hello@avocadosarefruit.io

 

Children’s Privacy

The privacy of children is of the utmost importance, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect, use, or disclose PII from children under the age of 13.  If we ever discover that we have inadvertently collected PII from children under the age of 13, we will delete it as soon as possible.  If you are a parent or legal guardian, and believe that we have collected PII from your child under the age of 13, please email us at hello@avocadosarefruit.io, and we will take steps to delete this PII as soon as possible.

Our Use of Information

We may use the information we collect for a number of purposes.  For instance we may use it to respond to your inquiries and otherwise correspond with you, to process transactions that you request, to maintain the security and integrity of our Website and services, and for the administration, review and improvement of the content of our Website and services.  We may also use your information to provide you with Covetower updates that we think may interest you.  However, we will always give you the opportunity to opt out of receiving such communications as well as any newsletter for which you sign up.    

 

Our Policy for Disclosing Your Information to Third Parties

Again, your privacy is important to us and as a result we are protective of your information.  Except as stated above, there are only three instances in which we will disclose any of your information to anyone but you, as follows:

1. To our service providers.  We may disclose your information to third parties who provide services to us, such as our database management vendors.

2. If we are acquired by another company.  If another company acquires Covetower or our assets, that company will take on all responsibility for the personal information we collect and it will assume all rights and obligations with respect to that information.  This may also happen if Covetower ever enters bankruptcy proceedings.  Should any of this happen, the acquiring company may develop its own policy with respect to your information.

3. If we are required to disclose information by law.  When directed by a court of law or other government entity, if we have a good faith basis to believe disclosure is necessary to comply with the law, or if we feel it necessary in order to prevent illegal, unethical or legally actionable conduct, we may be obligated to disclose personal information.  In such event, we will comply with the law and make commercially reasonable efforts to notify you, if legal.

We do not sell or distribute PII to any third parties except as set forth above. 

Access to Your Information

We will provide you with access to PII you provide us for as long as we maintain that information in a readily accessible format. We will also work with you to correct any error in your PII.  If you wish to access or correct any PII that you have submitted through our Website, or to have us completely remove your PII from our systems, please send an e-mail with your specific request to hello@avocadosarefruit.io

Security

We have in place physical, administrative and electronic safeguards to keep your information safe.  For instance, we only allow access to employees who require your information to do their jobs and we use industry standard SSL encryption to secure your data.

Changes to the Privacy Policy

We may make changes to this Privacy Policy from time to time.  If we do, we’ll be sure to try to notify you at the email address you have provided us, if any, and to post the date of the latest revision herein.

If you have questions about our Privacy Policy please contact us at hello@avocadosarefruit.io

 

2.1. Limitations on Use. Unless otherwise agreed by you and Covetower in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use.  You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper, any other automatic software, or a camera or other device or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Covetower.  You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.

 

2.2. Third Party Communications. Covetower disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Covetower assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content.

 

3. Intellectual Property Rights.  Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation, those related to copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

 

4. Linking to this Website. You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, advertisements, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Covetower and (c) Covetower may deactivate any link(s) at its sole discretion. 

 

5. No Solicitation. You shall not distribute on or through this Website any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Covetower.

 

6. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Covetower will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

 

7. Errors and Corrections. Covetower does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Covetower does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. Covetower may make improvements and/or changes to its features, functionality or Content at any time.

 

8. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. Covetower shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Covetower. Further, information and opinions provided by employees and agents of Covetower in Interactive Areas are not necessarily endorsed by Covetower and do not necessarily represent the beliefs and opinions of Covetower.

 

9. Assumption of Risk. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Website and/or Content, unless they are caused by Covetower’s negligent act or omission.

 

10. DISCLAIMER. UNLESS PROHIBITED BY LAW, THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND Covetower EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, Covetower DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE OR THE CONTENT, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.

 

11. LIMITATION OF LIABILITY. UNLESS PROHIBITED BY LAW, Covetower SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT, OR ANY FACTS OR OPINIONS APPEARING IN ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, Covetower SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE THE CONTENT, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Covetower’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

YOU AND Covetower AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF Covetower AND ALL PARTIES TO ANY SUCH PROCEEDING.

 

12. Indemnification. You agree to indemnify, defend and hold harmless Covetower, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you and/or any false or misleading information that you submit to Covetower.  Notwithstanding the foregoing, you shall not be obligated to indemnify Covetower for any act or omission of Covetower that constitutes negligence or breach of a duty imposed on Covetower by applicable law.

 

13. Third Party Rights. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability) and 12 (Indemnification) are for the benefit of Covetower and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

14. Unlawful Activity; Termination of Access. Covetower reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Covetower deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, IP addresses and traffic information.

 

15. Remedies for Violations. Covetower reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Website and any other Covetower websites and their features.

 

16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of New York in the County of New York and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

 

17. Privacy. Your use of this Website is subject to Covetower’s Privacy Policy: http://avocadosarefruit.io

18. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website and the Content. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

19. Modifications to Terms of Use. Covetower reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.

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