Terms and Conditions
Thanks for visiting the Brookside Flavors and Ingredients (“BFI,” “we,” “us,” and “our”) website, www.brooksideflavors.com (the “Site”). These Terms and Conditions (“Terms”) are an agreement between us and you and set forth the terms and conditions for your use of the Site.
Please read these Terms carefully. By using the Site, you agree to be bound by and comply with the Terms and any other terms and conditions that may be outlined elsewhere on the Site, including our Privacy Policy. If you do not consent to these Terms, please do not use the Site. We reserve the right to modify the Terms at any time. Your subsequent use of the Site constitutes your acceptance of the modified Terms.
Privacy
These Terms incorporate by reference BFI’s Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Site.
Site Content
Unless otherwise specifically noted, all materials on the Site are protected by copyright law and are owned by us or our licensors or content providers, including all text, audio/visual content, photographs, images, graphics, user interfaces, materials and all other copyrightable or otherwise legally protectable elements of the Site and the design, look and feel, and selection and arrangement of the Site (together the “Content”). You may make a copy of Content for personal use provided you do not alter the Content or remove any proprietary notices. You may not otherwise reproduce, distribute, create derivative works, publicly display or perform Content without prior written authorization from BFI or the applicable copyright owner. To request such permission, please contact [email protected].
Trademarks
BROOKSIDE FLAVORS & INGREDIENTS, the BFI logo, and all other trademarks, service marks, taglines or any other indicia of source used on the Site (“Our Trademarks”) are owned by BFI or its licensors. You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.
Links to Third-Party Sites
The Site may contain links to web sites controlled by third parties (“Third-Party Sites”). We are not responsible for Third-Party Sites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Sites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Site does not imply our endorsement of Third-Party Sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Sites and if you decide to access any other Sites linked to or from the Site, you do so entirely at your own risk.
Frames; Metatags; Links to the Site
Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other site; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.
Disclaimers
THE SITE AND ALL GOODS, SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN GOODS, CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY GOODS, CONTENT OR SERVICES AVAILABLE THROUGH OUR SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS RELATED TO THE SITE. IF YOU RELY ON THE SITE AND ANY GOODS, CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) AND DISCLAIM SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
BFI AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT (E.G., ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY GOODS, SERVICES OR CONTENT AVAILABLE THROUGH IT) INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL BFI OR ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, ADVISORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, OR GOODS AND SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROGLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
Indemnification
You agree to indemnify, hold harmless, and defend (only if requested) BFI and its members, managers, directors, officers, employees, agents, contractors, representatives, advisors and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees and costs) that the indemnified parties may incur based on claims arising out of your use of (or inability to use) the Site or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
Changes to the Terms
We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Site.
Modification and Termination
We reserve the right to change, suspend, or terminate any aspect of the Site or Content, these Terms, and any goods or services offered through the Site at any time without notice, for any reason. We may also impose limits on certain features, content or restrict your access to parts or the entire Site without notice or liability. The “Site Content,” “Trademarks,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
General
These Terms (which includes the Privacy Policy) are the complete agreement between you and BFI regarding your use of the Site and are governed by applicable federal laws and the laws of the New Jersey applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New Jersey, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of BFI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.
Questions
Please email [email protected] with any questions you may have about these Terms.
Last Updated: Sept. 29, 2023
