How You May Use Our Materials
You may download, use and copy the materials found on the Chiquita Website for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, trademarks, processes or technology described therein. All such rights are retained by Chiquita, its subsidiaries and/or any third party owner of such rights. You may NOT create framed links to the Chiquita Website without express written permission from Chiquita. For specific questions regarding the website or its contents, please contact webmaster@Chiquita.com.
All dated materials contained in the Chiquita Website were timely and accurate to the best of Chiquita’s knowledge. However, Chiquita is not responsible for any misimpressions which may result from the reading of dated material. You should carefully check the dates of issuance of the dated materials contained in the Chiquita Website.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Chiquita, A-One Business Centre B4, Route de l’Etraz, 1180 Rolle, Switzerland. All material on this site not submitted by users, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Chiquita or by other parties that have licensed their material to Chiquita. Material on this site that is owned, operated, licensed or controlled by Chiquita is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Chiquita. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Chiquita’s copyrights, trademarks and other proprietary rights, and is prohibited.
The Chiquita company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Chiquita Brands L.L.C., or its subsidiaries or affiliates. Specifically: CHIQUITA, CHIQUITA JR., AMIGO, CHICO, CONSUL, CHIQUITA EXPRESS, CHIQUITA FRESH & READY, CHIQUITA CARROT BITES, CHIQUITA APPLE BITES, CHIQUITA GRAPE BITES, CHIQUITA TO GO, CHIQUITA MINI’S, CHIQUITA. PERFECT FOR LIFE., CHIQUITA & BLUE OVAL DESIGN, WHEN A LITTLE IS EXACTLY ENOUGH, A HEALTHY WAY TO START YOUR DAY, CHIQUITA SOLUTIONS, CHIQUITA. YOUR PRODUCE SOLUTION, MISS CHIQUITA, 100% FRUIT. ANYTIME. ANYWHERE., ALWAYS FRESH. ALWAYS CHIQUITA., CHIQUITA. LA FRUTA QUE SI SABE A FRUTA., CHIQUITA. PERFECT FOR LIFE., CHIQUITASTORE.COM, FRESH HEALTHY GOOD TO GO, GREAT WHITE FLEET, JUST FRUIT IN A BOTTLE, ONLY THE BEST. ONLY CHIQUITA. EVERYDAY., PEEL. EAT. REPEAT DAILY., PLACE STICKER ON FOREHEAD. SMILE., POSTASSIUM POWER, THE FIRST LADY OF FRUIT, THE PERFECT FAST FOOD are trademarks  of Chiquita Brands L.L.C. From time-to-time, there will be additional marks that are the property of Chiquita Brands L.L.C. which may not be specifically listed. All these marks are referred to collectively as the “Chiquita names or marks”.
“Chiquita Banana” (Words and Music by Garth Montgomery, Leonard Mackenzie, William Wirges) under license to Chiquita Brands L.L.C. © 1945 Shawnee Press, Inc.
You are NOT authorized to use any Chiquita mark or any Chiquita intellectual property in any advertising, publicity or in any other commercial manner without the prior written consent of Chiquita Brands L.L.C. Requests for authorization should be made to: Office of the General Counsel, Chiquita Brands International, Inc., 550 S Caldwell St, Charlotte, NC 28202, Attention: Intellectual Property Coordinator. Copyright Infringement
If you believe that any information or content owned by you has been used on the Chiquita WebSite in a manner that constitutes copyright infringement, please provide us with a written notice (e-mail is sufficient) that includes an identification of the copyrighted work claimed to have been infringed and the location on the Chiquita Website where you believe the infringement occurs, as well as your address, telephone number, and e-mail address, and we will remove such content upon verification of your claim. You may send this notice to Chiquita’s Copyright Agent, James Thompson, at Webmaster@Chiquita.com or by mail to:
Chiquita Brands International, Inc.
550 S Caldwell St.
Charlotte, NC 28202 USA
To be effective, the notification must also include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and e-mail address and all other information reasonably sufficient to permit Chiquita to contact you;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is alleged to have been infringed.
The Chiquita Website is operated from a site in the State of North Carolina, United States of America. We make no representation that materials found at our site are appropriate or available for use in other locations. If you access our site from other locations, you are responsible for compliance with local laws. All other trademarks are trademarks of their respective owners.
License and Website Access
We grant you a limited license to make personal use only of the site. Such grant does not include, without limitation: (a) any resale or commercial use of this site or any of the contents of this site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this site (including any of Chiquita’s trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the site and any of the contents of the site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the site or any other user of the site.
This site is designed for and intended for use by adults. If you are under 18, you may use this site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this site.
When you visit this site, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You agree to indemnify, defend and hold harmless, Chiquita, its subsidiaries and other affiliated companies, advertising and promotion agencies, and all respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your participation in this Web site or any violation of these Terms and Conditions. Chiquita reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Chiquita in asserting any available defenses.
Disclaimer of Warranties and Liability
THE CONTENT ON SPONSOR’S WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CHIQUITA AND ITS RELATED AND AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER CHIQUITA, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SPONSOR OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU VIEW ON THIS SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. SPONSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND SUBMISSION OF MATERIALS IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER CHIQUITA, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM SUBMISSION OF MATERIALS AND THE USE OR MISUSE OF THIS SITE OR ANY OTHER SPONSOR WEBSITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER CONTENT APPEARING ON THIS SITE. YOU (AND NOT CHIQUITA) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CHIQUITA OR ANY ENTITY INVOLVED WITH THIS PROMOTION IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
This agreement shall be governed by construed and enforced in accordance with the law of Switzerland as it is applied to agreements entered into and to be performed within such jurisdiction. Any action you, any third party or Chiquita ring to enforce this agreement or in connection with any matters related to this site shall be brought only in the courts of the Canton of Geneva and you expressly consent to the jurisdiction of said court. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Chiquita.
Please refer to our Privacy Statement.