Terms and Conditions
Last updated: September 12, 2019
These websites (brookstropicals.com, new.brookstropicals.com, recipes.brookstropicals.com,old.brookstropicals.com) and corresponding social media websites (facebook.com/BrooksTropicals, Instagram.com/BrooksTropicals, pinterest/brookstropicals, twitter/brookstropicals, youtube.com/brookstropicals) (“Sites”) are controlled or maintained by Brooks Tropicals, LLC, (“Brooks,” “we,” “us,” or “our”). By using our Sites, users (“User” and/or “you”) agree to be bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”).
Please review these Terms and Conditions each time you visit our Site to ensure that you have read and agree with the current policy, as it may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Sites. Please note that your use of certain features of our Sites may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.
It is Brooks’ policy not to accept any unsolicited suggestions for product uses, improvements, and new product ideas, marketing ideas or recipes from the public in general. We may already be working on a similar idea, and this policy eliminates any potential conflict regarding the ownership of said concept, product, idea, improvement, and etcetera.
The Sites and there original content, features and functionality are and will remain the exclusive property of Brooks Tropicals, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brooks Tropicals, LLC.
Copyright and Trademark Notices:
The trademarks, logos and service marks (“Marks”) displayed on these Sites are the property of Brooks. You are not permitted to use the Marks for any purpose whatsoever without the prior written consent of Brooks. Miscellaneous: The recipes, photographs and all information contained in these Sites are copyrighted with all rights reserved. All documents published by Brooks are provided “as is” WITHOUT WARRANTY OF ANY KIND, either expressed or implied. Any Brooks’ document may include typographical, pictorial, technical or other inaccuracies. Brooks reserves the right to make any changes to any matters contained in these documents, publications or materials without notice.
Links to Third Party Websites:
Our Sites may contain links to other websites that are not controlled or maintained by Brooks. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk.
Sites Use or Conduct Rules:
By using our Sites, You accept the following conduct rules; You will not post to or transmit through our Sites any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material, or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability.
You shall not use our Sites to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right; You also shall not:
Communications Services and Submissions:
Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Sites via e-mail or any means that we may create or provide in the future will become the property of Brooks throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use.
You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, Trojan horses, or other items of a destructive nature. You further agree not to use the Content on our Web Sites, Social Media Sites or any products or services included on or available through our Sites for any unlawful purpose.
Cooperation with Authorities:
We will cooperate with any law enforcement authority and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Sites in violation of any applicable federal, state, or local laws.
DISCLAIMER OF WARRANTIES:
THE CONTENT PROVIDED ON OUR WEB SITES AND SOCIAL MEDIA SITES IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR USED AS A BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE SOURCES OF INFORMATION. THE CONTENT ON OUR SITES IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF PROFESSIONAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, SUITABILITY, AVAILABILITY OR TIMELINESS OF THE INFORMATION OR PRODUCTS ON THESE SITES FOR ANY PURPOSE.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITES AND SOCIAL MEDIA SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OUR WEB SITES AND SOCIAL MEDIA SITES AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WIHTOUT WARRANTY OR CONIDTION OF ANY KIND. YOU AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK.
BROOKS AND ITS MEMBERS, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ALTHOUGH WE INTEND THAT THE CONTENT OF OUR WEB SITES AND SOCIAL MEDIA WEB SITES BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITES, SOCIAL MEDIA WEB SITES OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL BROOKS, OR ITS SHAREHOLDERS, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR ERRORS, OMISSIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, AND OTHER TANGIBLE AND INTANGIBLE LOSSES ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITES, OR (II) CONTENT. PRODUCTS AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTIY OR OTHERWISE.
Exclusions and Limitations:
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.
Defense and Indemnity:
You agree to defend, indemnify and hold Brooks, and its shareholders, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives (“Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of your agreements under these Terms and Conditions,
We make no representations that the Content on our Web Sites and Social Media sites is appropriate or available for use in locations outside the United States. Those who choose to access our Sites from locations outside the United States do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
Governing Law, Jurisdiction and Venue:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of Florida, Miami-Dade County.
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto.
We reserve the right to terminate your access to and ability to use our Sites (or any portion thereof) and to cancel, terminate, modify or suspend the Sites or any portion thereof and void such information, at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
Brooks Tropicals, LLC
P.O. Box 900160
Homestead, FL 33090-0160