Terms of Service

MODIFICATION OF THESE TERMS OF USE

V&V Supremo reserves the right at any time to change the terms, conditions, and notices under which the Site is offered. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

LINKS TO THIRD PARTY SITES

The Site may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of V&V Supremo and V&V Supremo is not responsible for the contents of any Linked Site, including without limitation any products, services or other materials relating to such Linked Sites, any link contained in a Linked Site, or any changes or updates to a Linked Site. V&V Supremo is not responsible for webcasting or any other form of transmission received from any Linked Site. V&V Supremo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by V&V Supremo of the Linked Site or any association with its operators. IN NO EVENT WILL V&V SUPREMO BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to V&V Supremo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of V&V Supremo.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

V&V Supremo has no obligation to monitor the Communication Services. However, V&V Supremo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. V&V Supremo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

V&V Supremo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in V&V Supremo’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. V&V Supremo does not control or endorse the content, messages or information found in any Communication Service and, therefore, V&V Supremo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized V&V Supremo spokespersons, and their views do not necessarily reflect those of V&V Supremo.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO V&V SUPREMO OR POSTED VIA THE SITE

The Site allows you to upload personal stories, recipes, comments, feedback, suggestions, reviews and/or other information, data and/or materials relating to your personal experiences with V&V Supremo and our products and services (collectively, “Submissions”). V&V Supremo does not claim ownership of the Submissions you post, upload, input, submit or otherwise provide to V&V Supremo via the Site. You retain all rights, title and interest in and to any and all Submissions that you provide via the Site. However, all such Submissions shall be considered non-confidential, and V&V Supremo may use such Submissions in any manner it deems fit. For example, we may choose to publish in hardcopy form or on another area of the Site any recipes or other Submissions uploaded by you, with or without providing you any attribution or compensation of any kind. Accordingly, by posting, uploading, inputting, providing or submitting your Submissions on or through the Site, you hereby grant to V&V Supremo, its affiliated companies and necessary sublicensees, a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, create derivative works based on and/or otherwise use and/or commercially exploit any such Submissions, and to publish your name in connection therewith, in our sole discretion, including incorporating any such Submissions in other works in any form, media, or technology now known or hereafter developed.

No compensation or royalties will be provided to you with respect to the use of your Submission, as provided herein. In the event V&V Supremo uses your Submission, V&V Supremo may, but is not obligated to, provide a byline or other attribution acknowledging your contribution or otherwise crediting you for such Submission. Notwithstanding the foregoing, V&V Supremo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in V&V Supremo’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you have the right to do so. Specifically, you represent that you own all rights, title and interest in and to your Submission, or otherwise possess all rights necessary for you to provide, post, upload, input or submit the Submissions.

PRIVACY

The terms of the Site’s Privacy Policy are hereby incorporated as part of these Terms of Use: V&V Supremo Privacy Policy

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. V&V SUPREMO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NO ASPECT OF THE SITE IS INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY PROFESSIONAL MEDICAL ADVICE OF ANY KIND. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE AS A RESULT OF ANY CONTENT OF THE SITE, OR OTHERWISE CONSIDER ANY CONTENT OF THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, V&V SUPREMO AND/OR ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OPERATION AND USE OF THE SITE, OR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR ACCESSED VIA THE SITE FOR ANY PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. V&V SUPREMO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL V&V SUPREMO AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THEREON, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF V&V SUPREMO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

You agree to indemnify and hold V&V Supremo and its suppliers harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site or any information, materials, software, products, services and/or related graphics contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Submissions provided by you via the Site; or (iv) your violation of any rights of any third party.

MODIFICATION OR DISCONTINUANCE OF THE SITE

At any time, without notice to you, and for any or no reason, V&V Supremo may modify or discontinue the Site. V&V Supremo shall in no way be held liable for any consequence which results from V&V Supremo’s decision to modify or discontinue providing the Site.

SERVICE CONTACT

If you have any questions relating to these Terms of Use, the Site or V&V Supremo, please contact: customerrelations@vvsupremo.com

TERMINATION/ACCESS RESTRICTION

V&V Supremo reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Chicago, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. V&V Supremo’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of V&V Supremo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by V&V Supremo with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and V&V Supremo with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and V&V Supremo with respect to such subject matter. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TRADEMARKS AND COPYRIGHTS

V&V®, V&V SUPREMO®, CHIHUAHUA®, RANCHERITO®, DEL CARIBE®, SIERRA® and Design, CREMA RANCHERITO® and QUESO RANCHERITO® are registered trademarks of V&V Supremo. Please note that CREMA RANCHERITO® and QUESO RANCHERITO® are only available for sale in IL, IN, MI and WI. In all other states these products are available under the V&V SUPREMO® SOUR CREAM and V&V SUPREMO® QUESO FRESCO labels. Other marks and names displayed on our Site are the proprietary service marks or trademarks of V&V Supremo or its licensors. All trademarks and service marks not owned by V&V Supremo or its licensors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by V&V Supremo. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.

All content on this Site, including, but not limited to, works of authorship, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of V&V Supremo or its licensors and are protected by United States and international copyright and other intellectual property laws.

Unless otherwise expressly set forth herein, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of V&V Supremo or any other person.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. This procedure is exclusively for notifying V&V Supremo that your intellectual property rights have been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

V &V Supremo’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent
V&V Supremo Foods, Inc.
2141 South Throop
Chicago, Illinois 60608
Phone: 1-888-887-8773