The Taylor Provisions Company Terms and Conditions

Effective Date: 12-31-2023

Welcome

This Website (this “Site”) is owned and operated by The Taylor Provisions Company or one of its wholly owned subsidiaries (“The Taylor Provisions Company”, “we”, “us” and “our”). By accessing or using this Site, you are agreeing to comply with and be bound by these Terms and Conditions and our Privacy Policy, which is expressly incorporated into these Terms and Conditions. Before using this Site, please carefully review our Privacy Policy. All personal information collected through this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and Conditions and our Privacy Policy, these Terms and Conditions control. If you do not agree to these Terms and Conditions, you may not access or use this Site. We reserve the right to update these Terms and Conditions at any time. These changes will be effective as of the date we post the revised version on this Site.

  1. Special Terms and Conditions Governing Special Promotions, Features or Functionality.

This Site may include special promotions, features or functionality. For example, you may be able to use this Site to enter a sweepstakes or contest; to share recipes; to apply for a job; or to purchase products. These special promotions, features and functionality may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use. If special terms and conditions apply, we will post appropriate notices (“Notices”) on the applicable Site entry form. These Notices supplement or amend these Terms and Conditions and are hereby made part of these Terms and Conditions.

  1. Ownership of Site and Content.

(a)   All right, title and interest in this Site, including, but not limited to, all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through this Site (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

(b)   We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of this Site to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content that you download. The foregoing license is subject to these Terms and Conditions and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms and Conditions. Nothing in these Terms and Conditions will be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

(c)   Notwithstanding the foregoing, and specifically with regard to trademarks, The Taylor Provisions Company’s names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site (collectively, the “The Taylor Provisions Company Marks”), unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of The Taylor Provisions Company and/or its affiliates. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use any of The Taylor Provisions Company Marks in any manner without our prior written permission. You are not authorized to display or use any of the trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of those owners. The use or misuse of any of The Taylor Provisions Company Marks or any other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

  1. Submissions.

(a)   In these Terms and Conditions, the term “Submissions” refers to anything that you post, transmit, email or otherwise provide to us, whether at our request or not, including, but not limited to, any suggestions, feedback, recipes, recommendations or other text or commentary of any kind or in any form, including anything that relates to or concerns ways in which we can improve this Site and/or the products and services that we make, display or make available on or through this Site.

(b)   Unless you enter into a separate written agreement with The Taylor Provisions Company, we do not claim ownership in any of your Submissions. However, by providing any Submissions to us, you automatically grant us a royalty-free, worldwide, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform any such Submissions, for any purpose and on or in any forum, media or technology whatsoever. You will not have or obtain any rights in or to any form, media or technology incorporating any of your Submissions. We will be entitled to exploit, make, use, copy, disclose, display, perform publicly, distribute, improve and modify any of your Submissions, for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Submissions that you do not want us to use.

(c)   You represent and warrant that neither your Submissions nor your uploading, publishing or otherwise making available any Submissions nor our use of your Submissions as permitted by these Terms will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or any rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. Third-Party Content.

Some of the articles, columns, information, and other materials available through this Site are provided to us by third parties (other than visitors to this Site). Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us, nor are we responsible, or do we warrant or represent that these materials are current, accurate, complete or reliable. The opinions expressed in these materials are strictly those of the authors and do not necessary reflect our views or opinions. If there is a dispute between persons accessing this Site and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you release The Taylor Provisions Company and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from any claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute. This Site may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites and will not be liable to you for any loss or damage of any sort incurred as a result of your dealing with any third party or their website.

  1. Mobile Services.

(a)   This Site may include or promote certain features and services that may be available via your mobile phone, including, but not limited to: (a) the ability to upload to this Site via your mobile phone, (b) the ability to receive and reply to messages and to send content and messages using text messaging, and (c) the ability to access this Site from your mobile phone (collectively “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. By using the Mobile Services, you agree that we may communicate with you regarding this Site and our partners by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services will be communicated to us.

(b)   Upon submission of your phone number to obtain Mobile Services, you may receive an SMS text message requiring confirmation response from your mobile phone or device. Your text message confirmation response will constitute an agreement to comply with these Terms and Conditions. Text “STOP” from your mobile phone and we will unsubscribe you from our SMS text messaging service. You will receive an OPT-OUT confirmation message and will not receive any additional messages until you re-register on this Site or you initiate additional text requests. From your mobile phone, you may request additional information at any time by texting HELP.

(c)   You agree that, in connection with the Mobile Services for which you are registered, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services.

  1. Updates.

We may make changes to or stop providing this Site, the Content, these Terms and Conditions, and/or any goods or services offered on or through this Site at any time and without notice to you. We will make an effort to update this web page with any changes to these Terms and Conditions, and you are encouraged to review these Terms and Conditions frequently (the date of the most recent revision to these Terms and Conditions appears at the top of these Terms and Conditions).

  1. NOT INTENDED FOR CHILDREN.

We do not collect personally identifiable information from any person that we know to be under the age of thirteen (13). Specifically, this Site is not intended or designed to attract children under the age of thirteen (13). By accessing this Site, you affirm that you are more than thirteen (13) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of thirteen (13), as THIS SITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).

  1. DISCLAIMER OF WARRANTIES.

(a)   WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF THE CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

(b)   THE TAYLOR PROVISIONS COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SPOKESPERSONS OF THE TAYLOR PROVISIONS COMPANY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS MADE BY USERS, AND THOSE STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE TAYLOR PROVISIONS COMPANY. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

(c)   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

  1. Indemnification.

You agree to defend, indemnify and hold harmless The Taylor Provisions Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of this Site, including any use of this Site’s Content, services and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from or through this Site.

  1. LIMITATION OF LIABILITY.

(a)   UNDER NO CIRCUMSTANCES, WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED ON OR THROUGH THIS SITE.

(b)   THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES OR EXPENSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, DATA OR OTHER INTANGIBLES, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OUR AUTHORIZED REPRESENTATIVE OR THE AUTHORIZED REPRESENTATIVE OF ONE OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

(c)   IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE AMOUNT, IF ANY, OF ANY SUMS PAID BY YOU TO US OR THE APPLICABLE AFFILIATE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR, IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, THE SUM OF $10.00.

(d)   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Additional Remedies.

You acknowledge that your conduct that is inconsistent with these Terms and Conditions may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In those instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without having to prove actual harm or posting a bond.

  1. Governing Law, Jurisdiction and Venue.

Our headquarters are located in Trenton New Jersey, USA. These Terms and Conditions will be governed by the laws of the United States and by the laws of the State of New Jersey, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions shall be brought exclusively in state or federal court in the State of New Jersey. You hereby irrevocably consent and submit to the personal jurisdiction of these courts for all such purposes, and you waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer who lives in the European Union. If you are a consumer who lives in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms and Conditions must be brought within one (1) year after the claim or cause of action arises, or that claim or cause of action will be barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. In the event of any controversy or dispute between The Taylor Provisions Company and you arising out of or in connection with your use of this Site, the parties will attempt, promptly and in good faith, to resolve that dispute. If we are unable to resolve that dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to non-binding mediation. If the dispute cannot be resolved through mediation, then the parties will be free to pursue any right or remedy available to them under applicable law.

  1. Void Where Prohibited.

The Taylor Provisions Company administers and operates this Site from its location in Trenton, New Jersey, USA. Although this Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on this Site are available to all persons in all geographic locations, or appropriate or available for use outside the United States. The Taylor Provisions Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product or service made on or through this Site is void where prohibited. If you choose to access this Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

  1. Miscellaneous.

(a)   We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

(b)   Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein will not be deemed a waiver of that provision or that right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by The Taylor Provisions Company of any breach of any provision of these Terms and Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.

(c)   If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions will remain in full force and effect.

(d)   These Terms and Conditions (together with our Privacy Policy and any Notices applicable to you) contain the entire understanding and agreement between you and Taylor Provisions with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and The Taylor Provisions Company with respect to this Site and your use of this Site.

Contact Information:

The Taylor Provisions Company
63 Perrine Ave.
Trenton, NJ 08638-5114

[email protected]

Copyright © 2023. The Taylor Provisions Company. All Rights Reserved.