Terms of Use

Acceptance of Terms of Use

Welcome to the Tropical Cheese Industries, Inc.’s website! We hope you find the information on our website helpful and informative!  Please review the following terms of use (“Terms of Use”) carefully as they govern your use of the website. The Terms of Use that follow and as set forth in our Privacy Policy and General Terms and Conditions, constitute a legal agreement between any visitor of this website (“Visitor” or “You”) and Tropical Cheese Industries, Inc. (“Tropical” or “We”). The following Terms of Use, together with any documents they incorporate, govern Your access to and use of our website, www.tropicalcheese.com (“Website”), including any content contained on the Website.  By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and hereby agree to be bound by the Privacy Policy, the General Terms and Conditions, and the terms of use set forth herein, and to comply with applicable laws and regulations regarding the use of this Website. If you do not agree to the Privacy Policy, the General Terms and Conditions and these Terms of Use, discontinue your access to this Website and do not use this Website.

Persons Under the Age of 13

Our Website is not intended for anyone under the age of 13. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. As set forth in the Privacy Policy, if we learn that we have collected or received personal information from anyone under the age of 13, we will delete that information.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Copyrights, Trademarks and other Intellectual Property

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to graphics, images, video, audio, as well as the design, layout, look, and appearance thereof. The information and material provided on this Website, as well as material and information that you access through links provided in this site is protected by law including, but not limited to, copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Visitors who choose to access this Website and other sites through links provided in this site are responsible for compliance with such copyright laws as well as all other applicable laws.  All trademarks (including Tropical’s name), related names, logos, product and service names, designs, and slogans (collectively “Tropical’s trademarks”) used and displayed on this Website are the registered and unregistered trademarks of Tropical. The Website may also contain trademarks of others. Nothing on this site shall be construed as providing a license or any other right to use such trademarks without the express written permission of the trademark owner. Tropical’s trademarks or logos may not be used by visitors without prior express written permission.

Restrictions on Use of Content

The material and information provided on this Website is made available solely for general information purposes and for providing access to information about Tropical, its products and services, and the industry. You may use the Website only for lawful purposes and in accordance with these Terms of Use. Except as specifically provided on this Website, the material and information made available shall not be copied, reproduced, distributed, republished, downloaded (except for non-commercial use), redisplayed, posted or transmitted in any form or by any means without the prior written permission of Tropical or the owner of the content.  In addition, you agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To impersonate or attempt to impersonate Tropical, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Tropical or users of the Website or expose them to liability.
• Use any manual process, robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our authorized consent.
• Use any device, software or routine that interferes with the proper working of the Website; to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or to otherwise attempt to interfere with the proper working of the Website.

Copyright Infringement

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C 512) by sending the following information in writing to admin@tropicalcheese.com.

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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Product Reviews

The Website may permit customers to post product reviews on or through the Website (“Product Reviews”).  Your Product Reviews must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or would otherwise violate the legal rights (including the rights of publicity and privacy) of others.  Product Reviews that you post to the site will be considered non-confidential and non-proprietary. By providing any Product Reviews on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any statements made in your Product Reviews and that you, not Tropical, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Online Purchases and Other Terms and Conditions

Any and all purchases of the goods and/or services through the Website are subject to Tropical’s General Terms and Conditions, which are hereby incorporated into these Terms of Use.

Links to Other Sites

Tropical’s Website may contain content provided by third parties and/or links to third-party websites. Tropical does not control the third parties’ websites or their collection or use of your information.  We may provide links to third-party websites as a service to our users.  We are not responsible for the content or information collection practices of those websites or the third parties who own them. Please note that these websites’ privacy policies may differ from ours. We encourage you to review and understand their website terms of access and privacy practices before giving them information.  Further, Tropical’s use of a link should not be viewed as an endorsement of the linked site. In addition, different websites have different privacy policies. You should always check the privacy policy of the specific site you are visiting to understand your rights.

Disclaimer and Limitation of Liability

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. THE MATERIAL AND INFORMATION ARE PROVIDED “AS IS”. ALTHOUGH TROPICAL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, TROPICAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, VALIDITY OR USEFULNESS OF THIS INFORMATION ON THIS WEBSITE OR ANY OF THE SITES LINKED HERETO.  TROPICAL HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TROPICAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES IN ANY WAY ARISING OUT OF ANY VISITORS’ USE OR INABILITY TO USE THE INFORMATION AND MATERIALS PROVIDED ON THIS SITE. TROPICAL HEREBY DISCLAIMS ANY AND ALL LIABILITY, AND VISITOR, BY VISIT TO AND/OR USE OF THIS WEBSITE, HEREBY RELEASES TROPICAL FROM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND/OR USE OF THIS WEBSITE.

Applicable Law

Any and all claims, actions, and/or disputes relating to this site, the information and materials contained in this site, and/or the use of this site by You shall be governed by the laws of the State of New Jersey without regard to its conflict of laws principles. You hereby agree to submit to the personal jurisdiction and venue of the state and federal courts located in New Jersey with respect to any such claims, actions and/or disputes. If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions