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.
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, publically display or perform Content without prior written authorization from BFI or the applicable copyright owner. To request such permission, please contact [email protected].
BROOKSIDE FLAVORS, the BFI logo, SAVOURY SYSTEMS, FLAVOR FOCUS and all other trademarks, service marks, 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.
Services; Registered Users
The Site may make available certain services (“Services”) and if so, may allow you to set up an account or become a registered user to access the Services. In such cases, if you are 18 years old or older, you may register to become a registered user through the Site (“Registered User”). You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You must keep the Registered User username and password confidential and secure, and you may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately at [email protected] if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.
We reserve the right, in our sole discretion, to suspend or terminate any Registered User at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates these Terms or any applicable laws or regulations.]
Links to Third-Party Sites
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.
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.
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.
Please email [email protected] with any questions you may have about these Terms.
Effective Date: May 23, 2023