Terms and Conditions

Bothwell Cheese Terms of Use Agreement

Welcome to bothwellcheese.com. By using the bothwellcheese.com web site (the “Web Site”), you agree to be bound by these Terms of Use (this “Agreement”). If you object to anything in this Agreement or Bothwell Cheese’s Privacy Policy, do not use the Web Site. The Terms of Use are subject to change by Bothwell Cheese at any time, effective upon posting on the Web Site, after such posting will constitute acceptance by you of such changes.

Acceptance of Terms of Use Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Web Site. This Agreement may be modified by Bothwell Cheese from time to time, such modifications to be effective upon posting by Bothwell Cheese on the Web Site. This Agreement includes Bothwell Cheese’s Privacy Policy and any notices or all other policies regarding the Web Site whether posted on the Web Site or emailed to you. By accessing the Web Site, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. By accessing the Web Site, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Term. This Agreement contains the entire agreement between you and Bothwell Cheese regarding the use of the Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Non-commercial Use. The Web Site is for the personal use of individual users only and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of Bothwell Cheese. You’re not permitted to post or upload any of our Web Site content for your commercial, business, or non-personal use. Illegal and/or unauthorized uses of the Web Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Web Site may be investigated and result in appropriate legal action being taken, including without limitation, civil, criminal, and injunctive relief. Use of the Web Site is with the permission of Bothwell Cheese, which may be revoked at any time, for any reason, in Bothwell Cheese’s sole discretion.

Content on Web Site.
(a) Proprietary Rights. Bothwell Cheese owns and retains all proprietary rights in and to the Web Site, and is granted an irrevocable license to use all material posted by you and the other users as discussed below. The Web Site contains the copyrighted material, trademarks, recipes, and other proprietary information of Bothwell Cheese, and its licensors. While you may print and/or electronically share recipes contained on the Web Site or information about Bothwell Cheese products via email or social media for personal use only, you may not otherwise copy, modify, republish, transmit, post, upload, distribute, perform, display, or sell any of Bothwell Cheese’s proprietary information.
(b) Responsibility for Content. Opinions, advice, statements, offers, or other information or content made available through this Web Site, but not directly by Bothwell Cheese, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Bothwell Cheese does not: (i) guarantee the accuracy, completeness, or usefulness of any information posted on the Site by third parties, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Web Site. Under no circumstances will Bothwell Cheese or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or transmitted to or by any users.

Disclaimer. The materials in Bothwell Cheese’s Web Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Bothwell Cheese disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bothwell Cheese does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Bothwell Cheese’s Web Site or the server that makes them available are free of viruses or other harmful components. Bothwell Cheese does not warrant or make any representations regarding the use or the results of the use of the materials in Bothwell Cheese’s Web Site in terms of their correctness, accuracy, reliability or otherwise. You (and not Bothwell Cheese) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Bothwell Cheese’s Web Site is provided solely for entertainment and promotional purposes. The information and opinions expressed in the comments section of the Blog, or other forums conducted on this site (“Forums”) are not necessarily those of Bothwell Cheese or its affiliated or related entities or content providers and Bothwell Cheese makes no representations or warranties regarding that information or those opinions.

In addition to the preceding paragraph and other provisions of this Agreement, any information or advice that may be posted on the Web Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional advice. Bothwell Cheese makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Web Site. IN NO EVENT WILL BOTHWELL CHEESE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF BOTHWELL CHEESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(a) Any notes, comments, blog postings, ideas, recipes, suggestions, concepts or other material submitted will become the property of Bothwell Cheese throughout the universe and Bothwell Cheese shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Bothwell Cheese’s Web Site, you agree that Bothwell Cheese has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
(b) Bothwell Cheese is not responsible for any material posted on our Web Site. You shall not submit or otherwise publish through such Forums any content which:

(i) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
(ii) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trade marks;
(iii) violates any law;
(iv) advocates illegal activity;
(v) advertises or otherwise solicits funds or is a solicitation for goods; or
(vi) contains any computer viruses, worms or other potentially damaging computer programs or files services (collectively “Non-Approved Material”);

(c) Bothwell Cheese reserves the right to modify, condense, or delete any content from the Web Site it considers, in its sole discretion, to be harmful, offensive, or in violation of law, regulation or any agreement. Bothwell Cheese further reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. By posting your own materials to the Web Site, you are accepting the risk of duplication by other users, and release Bothwell Cheese from any liability with respect to such duplication.

Links. Third parties may provide, links to other World Wide Web sites or resources. Because Bothwell Cheese has no control over such sites and resources, you acknowledge and agree that Bothwell Cheese is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bothwell Cheese shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Third-Party Advertisers. Bothwell Cheese may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Bothwell Cheese, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Bothwell Cheese is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Web Site by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the Province of Manitoba, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the Province of Manitoba for the resolution of any such dispute.

Indemnity by You. You agree to indemnify and hold Bothwell Cheese, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Web Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries. You agree that there shall be no third party beneficiaries to this Agreement.

Trade-marks and No Endorsement. All trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bothwell Cheese. Please contact us with any questions regarding this agreement.

Bothwell Cheese’s Privacy Policy.
Use of the Web Site is also governed by our Privacy Policy. Bothwell Cheese respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of the Web Site, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using the Web Site or transacting business with us. By using the Web Site, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please contact us.

Information we collect about you.
In general. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our Web Site, the information may be sent to servers located in the United States and other countries around the world.
Information you provide. We may collect and store any personal information you enter on our Web Site or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number. We also may request information about your interests and activities, your gender and age, and other demographic information, as well as public information such as user ratings, reviews and comments, and other information you view or contribute to the Web Site.
Information about others. We may also collect and store personal information about other people that you provide to us. If you use our Web Site to send others (friends, relatives, colleagues, etc.) information that may interest them or messages (such as invitations) through our system, we may store your personal information, and the personal information of each such recipient.
Information from other sources. This information may include name, demographic information, interests, and publicly-observed data, such as from social media and shopping behavior. Bothwell Cheese also may collect information from your social media programs when you contact us through a social media platform. We may combine this information with the information we collect from you to help us tailor our communications to you and to improve our services and products.
Use of cookies and other technologies to collect information.
We use various technologies to collect information from your computer and about your activities on our site. We automatically collect information from your browser when you visit our Web Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring Web Site address. When you visit our Web Site, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Web Site. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our Web Site visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
Information collected by third-parties. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our Web Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.

How we use the information we collect.
In general. We may use information that we collect about you to: deliver the products and services that you have requested; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; aggregate data such as the anonymous personal financial data you may enter into our tools. This aggregate information does not identify particular users or otherwise allow anyone to recover sensitive information about individual users. Aggregate information belongs to Bothwell Cheese, and is not subject to this privacy policy; communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties; develop and display content and advertising tailored to your interests on our site and other sites; verify your eligibility and deliver prizes in connection with contests and sweepstakes; enforce our terms and conditions; manage our business; and perform functions as otherwise described to you at the time of collection.
With whom we share your information. We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
• Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting our Web Site functionality, and supporting contests, sweepstakes, surveys and other features offered through our Web Site. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• Business partners: When you engage in promotions offered through our Web Site or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.
• Other Situations. We also may disclose your information: in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us; when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web Site terms and conditions or other agreements or policies; in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Web Site and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Web Site and the most popular features or services accessed. This information does not contain any personal information and may be used to develop Web Site content and services that we hope you and other users will find of interest and to target content and advertising.
Third-party websites. There are a number of places on our Web Site where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on our Web Site, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.

Your choices about collection and use of your information. You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Web Site because such information may be required in order for you to participate in a contest, promotion, survey, or sweepstakes; ask a question; rate, review or comment on articles and blog posts, or initiate other transactions on our Web Site. We only send marketing information to those users who specifically sign up for our mailing list. You may opt-out of receiving information by using the “unsubscribe” option in any marketing e-mail that you receive. It may take up to 10 business days for us to process an opt-out request. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as an event provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

How we protect your personal information. We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. We want you to feel confident using our Web Site to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.

Blogs and reviews. We may provide areas on our Web Site where you can post information about yourself and others and communicate with others, as well as post reviews of our products, and the like, or upload content (e.g. pictures, recipes, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Children’s privacy. Our Web Site is a general adult audience site, and we do not knowingly collect personal information from children.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Web Site.

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