Terms and Conditions

Thanks for visiting the Brookside Flavors and Ingredients (“BFI”) website, www.brooksideflavors.com (the “Site”). These Terms and Conditions (“Terms”), 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, which may be updated from time to time without notice to you.  If you do not consent to these Terms, please do not use the Site.

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

You may make a copy of Content for personal use. You may not otherwise reproduce, distribute, create derivative works, publically display or perform Content without prior written authorization from BFI. To request such permission, please contact info@brooksideflavors.com.

Trademarks

All of the content featured or displayed on the Site (“Content”) is protected by copyright law and owned by BFI, its licensors and/or its Content providers.

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 you may not transfer or otherwise do anything to give another person access to your Registered User account.  You must notify us immediately at info@brooksideflavors.com 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

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).

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 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, OFFICERS, EMPLOYEES, AGENTS, 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 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.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) BFI and its members, managers, officers, employees, agents, 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 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.   

Termination

We reserve the right to terminate the Site, these Terms, and any goods or services offered through the Site at any time without notice, for any reason.  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 is 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 info@brooksideflavors.com with any questions you may have about these Terms.

Last Updated: 06/03/19