Savencia Cheese USA LLC (“Savencia”, “we”, “us” and “our”) provides this website www.supremecheese.com (the “Website”) to give you information about us and our products on the Website (the “Purpose”).
Your use of the Website is subject to the following terms and conditions (the “Agreement”). If you do not agree to these terms and conditions, then please do not use the Website.
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
For purposes of this Agreement, “you” and “User” mean the person using this Website; if the User is not an individual, then “you” or “User” means the User’s company and its owners, officers, directors, members, agents, successors and assigns. “Products” means products made available on or through the Website.
By using this Website, you indicate that you have read and agree to be bound by all terms and conditions of this Agreement, without limitation or qualification, and by all applicable laws and regulations, as if you had written your name on a contract. Savencia’s acceptance is conditioned upon your assent to all terms and conditions of this Agreement.
Effective Date: May 20, 2019
User agrees that all the information accessed by User will be used only to allow the User to use the Website for the Purpose. You may use the Website for lawful purposes only. User will not make any unauthorized use of this Website, or any features available on this Website. You agree that you are responsible for your own use of the Website, for any content you submit to Savencia, and for any consequences thereof. In addition, you agree not to do any of the following:
You agree that Savencia, in its sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including without limitation if Savencia believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that Savencia may, but is not required to, delete all information, accounts and files associated with it, and/or bar any further access to such information, accounts or files. You agree that neither Savencia nor any of its affiliated entities will be liable to you or any third party for any termination of your access to the Website or to any such information or files, or will be required to make such information, accounts or files available to you after any such termination. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
All content included on the Website, such as text, graphics, designs, logos, images, presentations, videos, data, articles, stories, blog entries, instructions, photographs, graphs, typefaces, sounds, music and software (“Content”) is the property of Savencia or its licensors. The Content and Website are protected by copyright, trademark and other intellectual property laws.
All registered and/or unregistered trademarks and service marks used or referred to on the Website are the property of Savencia, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any such marks in any way without Savencia’s prior written permission. Your use of any of marks found on this Website without express permission of the owner is strictly prohibited.
Savencia grants you a limited, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to the restrictions provided in this Agreement. You agree not to alter or remove any copyright or other proprietary notices contained on the Content. This limited license is conditioned on your continued compliance with the Agreement. Except as provided in this limited license or otherwise specifically permitted by us in writing, you may not access, display or copy the Content.
If you submit or post to the Website or Savencia any reviews, ideas, suggestions, information, designs, images, advertisements, data or proposals ("Submissions"), you agree that such Submissions will be treated as non-confidential and non-proprietary. You hereby grant to Savencia a nonexclusive, perpetual, worldwide license to use, copy, modify, display, perform, distribute and create derivative works from the Submissions for any purpose in any medium without any compensation or credit to you whatsoever. You acknowledge that Savencia may, but is not obligated to, review, modify and remove any review. Savencia will have no obligations with respect to such Submissions.
The Website may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning yourself. Promotions may be governed by separate rules that contain certain eligibility requirements, such as restrictions as to age or geographic location. It is your responsibility to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.
Savencia reserves the following rights:
You agree that the foregoing are Savencia's rights, but not its obligations.
Savencia respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
At times, the Website may contain links to third-party Websites, which are not under the control of Savencia. Savencia makes no representations whatsoever about any other Website to which User may have access through the Website. When User accesses another Website, User does so at User’s own risk and acknowledges that Savencia is not responsible or liable for any content, advertising, products or other materials available from such third-party sites. User also agrees that Savencia shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s Website. Mention of third-party companies and websites on the Website is for informational purposes only and does not constitute an endorsement or recommendation.
You may not link to the Website without the express written consent of Savencia.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, USER EXPRESSLY UNDERSTANDS AND AGREES THAT SAVENCIA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) ARISING OR RESULTING FROM (1) THIS AGREEMENT, (2) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (3) ANY PRODUCTS, SERVICES OR INFORMATION DISPLAYED ON OR THROUGH THE WEBSITE, (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (5) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, AND (6) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER SAVENCIA OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SAVENCIA’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE WEBSITE, CONTENT OR PRODUCTS, SERVICES OR INFORMATION DISPLAYED ON OR THROUGH THE WEBSITE WILL BE THE LESSER OF $50.00.
By using the Website, you represent, covenant and warrant that:
To the maximum extent permitted under applicable law, you use the Website, Content and Products at your own risk.
To the maximum extent permitted under applicable law, Savencia makes no representations or warranties of any kind, express or implied, that the Website, Content or Products will meet User’s requirements or that the Website, Content or Products will be uninterrupted, timely, secure or error free; or as to the results that may be obtained from the use of the Website, Content or Products or as to the accuracy, completeness or reliability of any information obtained through the Website. Further, Savencia does not warrant, to the maximum extent permitted by applicable law, the reliability of, or guarantee or endorse any advice, opinion, statement or other information displayed or distributed through the Website. Savencia is not responsible in any way for any transaction between you and another user of the Website. Savencia has no obligation to make any corrections to the Website or Content.
Savencia provides the Website, Content and Products “As Is” and on an “As Available” basis.
Savencia disclaims all warranties, of any kind, either express or implied, to the maximum extent allowable by law with respect to any of the Content, Products, services and information displayed on or through the Website, including warranties of quality, performance, non-infringement, merchantability, accuracy, title, and fitness for a particular purpose.
User agrees, at User’s expense, to indemnify, defend and hold harmless Savencia, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of or related to User’s (i) breach of this Agreement, (ii) use of this Website or any product or service related thereto, or (iii) violation of any law or regulation or violation of any proprietary or privacy right. For the avoidance of doubt, this indemnification does not apply to claims caused by Savencia’s negligence.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and Savencia agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to use of the Website or this Agreement, except that Savencia may seek injunctive, equitable or other appropriate relief in any state or federal court for situations where you have violated or threatened to violate Savencia’s intellectual property rights (for example, trademark, copyright or trade secret rights). You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware for court cases related to Savencia’s intellectual property rights. By agreeing to arbitration, each party understands and agrees that it is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
Arbitration is a less formal process and generally faster and less expensive than a lawsuit in court to resolve disputes. A neutral arbitrator will hear the case instead of a judge or jury. Under this arbitration provision, the case also has to be heard on its own and not as part of a class action. The arbitrator has the power to award damages and other types of relief.
Arbitration under this Agreement will be conducted by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) pursuant to its commercial arbitration rules & procedures. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the maximum extent permitted by applicable law, no arbitration under this Agreement will be joined to any other case or party. The arbitrator shall award attorneys’ fees and costs to the prevailing party, except as prohibited by law.
Disputes under this Agreement may be resolved only on an individual basis, meaning arbitration between you and Savencia. NEITHER YOU NOR SAVENCIA MAY BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
YOU AND SAVENCIA EACH WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. INSTEAD, YOU AND SAVENCIA ELECT TO HAVE ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION. For any disputes that are heard in a court, YOU AND SAVENCIA EACH WAIVE ALL RIGHTS TO A JURY TRIAL AND ELECT INSTEAD TO HAVE SUCH DISPUTE HEARD BY A JUDGE.
Arbitration under this Agreement will take place in the State of Delaware. The arbitrator will apply Delaware law.
WE ADVISE YOU TO CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION PROVISION. You may decline the arbitration terms of this Section 15 by sending an email to email@example.com and including, your name, your address and phone number, the URL to this Agreement, a clear statement that you do not accept the arbitration terms provided in this Section 15. You must send us this email within sixty (60) days of the date this Agreement is effective or the date you start using the Website, if you start using the Website after this Agreement becomes effective.
If any provision of this Section 15 is found unenforceable, that provision will be removed and all remaining provisions of this Section 15 will be enforced.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
This Agreement may change between your visits to the Website. Savencia reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Savencia does not and will not assume any obligation to notify you of changes to this Agreement.
Savencia makes no representation that the Website or the Content is appropriate or available for use at locations outside of the United States. Access to the Website and the Content from territories where they are illegal is prohibited. You may not use the Website or export the Content or any Products in violation of U.S. export laws and regulations. If you access the Website from locations outside of the U.S., then you are responsible for compliance with all local laws.
This Agreement and the relationship between User and Savencia shall be governed by and construed in accordance with the substantive laws of the State of Delaware. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Website and the material contained in this Website shall be resolved in a court in the State of Delaware State or the Federal Courts situated in such state.
Any rights not expressly granted herein are reserved.
For any questions, please contact firstname.lastname@example.org.