Last Updated: June 2018
USE OF SITE
Please read these Terms and Conditions (“Terms”) carefully before using this website. All users of The FROMAGE FROM EUROPE Website (the “Site”) agree that access to and use of the Site are subject to the following Terms. If you do not agree to these Terms, do not use this Site. The FROMAGE FROM EUROPE reserves the right to update or revise these Terms at its sole discretion. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to the new terms, you are no longer authorized to use this Site.
INTELLECTUAL PROPERTY RIGHTS
This Site and related websites, webpages, newsletters, and other content and media are the property of The FROMAGE FROM EUROPE and are protected under applicable copyright, trademark, trade secret, and other intellectual property laws. All rights in photographic images, illustrations, and video footage are reserved by us.
Unless you have been specifically permitted to do so in a separate written agreement with The FROMAGE FROM EUROPE, you agree that you will not reproduce, duplicate, copy, sell, trade, license, resell, or create any derivative works from The FROMAGE FROM EUROPE for any purpose.
The entire content of this Site, including but not limited to its graphics, pictorial matter, text, graphics or code, is protected by copyright and property of The FROMAGE FROM EUROPE. You may not copy, distribute, or create derivative works from any part of this Site without the prior written consent of The FROMAGE FROM EUROPE unless otherwise expressly permitted by The FROMAGE FROM EUROPE. The FROMAGE FROM EUROPE claims no interest in content owned by other persons or entities that may appear on, or be linked to, this Site.
“The FROMAGE FROM EUROPE” and other names, logos, designs, titles, words, or phrases within this Site are trademarks, service marks, or trade names of The FROMAGE FROM EUROPE or its affiliated companies and may not be used without prior written permission. All copying or reproduction of the design and layout of the Site is not allowed. All other trademarks, product names, and company names or symbols or other designs herein are under ownership of their respective owners and The FROMAGE FROM EUROPE claims no interest in marks owned by entities not affiliated with The FROMAGE FROM EUROPE that may appear on this Site.
Users posting content to the Site are solely responsible for all content and any infringement, defamation, or other claims resulting from or related thereto. The FROMAGE FROM EUROPE reserves the right (but shall have no obligation) to remove, edit, flag, filter, pre-screen, or refuse to post any content and makes no guarantee of the accuracy, integrity, or quality of posted content. If you submit content, ideas, concepts, data, or other similar information, you must grant, and you actually grant, to The FROMAGE FROM EUROPE a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, fully paid-up, and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize anything submitted to us, without any further consent, notice, or compensation to you or any third parties. By submitting information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party right.
Content and other materials posted by Users shall not constitute advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User, or by anyone who may be informed of any of its contents.
Should you submit your contact information in order to be included on The FROMAGE FROM EUROPE’s mailing list, you agree to receive periodic e-mails relating to news and updates regarding The FROMAGE FROM EUROPE. You may discontinue receipt of such e-mails through the opt-out provisions included in the promotional e-mails.
As a convenience to The FROMAGE FROM EUROPE’s Users, the Site may contain links to web sites belonging to third parties. Any links on this Site to third party websites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. If you follow links to third party websites, or any other companies or organizations affiliated or unaffiliated with The FROMAGE FROM EUROPE, you are subject to the terms and conditions and privacy policies of those sites, and The FROMAGE FROM EUROPE makes no warranties or representations regarding those sites. Further, The FROMAGE FROM EUROPE is not responsible for the material on, or privacy practices of, those websites.
GUARANTY OF INTERNATIONAL SERVICE OR COMPLIANCE
This Site was designed for and is operated in the United States. Regardless of where the Site is viewed, you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
THE MATERIAL IN THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEBSITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY THE CHEESES OF EUROPE OR ANY AFFILIATED OR UNAFFILIATED ORGANIZATION. THE CHEESES OF EUROPE AND ITS SUPPLIERS DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO THIS MATERIAL. THE CHEESES OF EUROPE DOES NOT REPRESENT OR ALLEGE THAT THE INFORMATION PROVIDED VIA THIS SITE IS ACCURATE, COMPLETE, OR UP-TO-DATE, AND PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. The FROMAGE FROM EUROPE does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE CHEESES OF EUROPE, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT OF OUR SITE OR A LINKED WEB SITE, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
THE CHEESES OF EUROPE IS NOT RESPONSIBLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO, BY THIS SITE.
JURISDICTION AND VENUE
You and The FROMAGE FROM EUROPE agree that the laws of New York, New York will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles.
GENERAL LEGAL PROVISION
In the event you make a purchase from the Site, you will adhere to all applicable laws and regulations, including U.S. export laws, rules and regulations.
You agree to defend, indemnify, and hold harmless The FROMAGE FROM EUROPE, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) resulting from any violation of these Terms or any activity resulting from or arising out your use and access of the Site or a breach of these Terms.
These Terms constitute the entire agreement between you and The FROMAGE FROM EUROPE with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and The FROMAGE FROM EUROPE with respect to this Site. If any provisions of these Terms are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
HOW TO CONTACT US
If you have questions about these Terms, please feel free to e-mail us at [email protected].
©2018 FROMAGE FROM EUROPE. All Rights Reserved.