1. Introduction
A. This Privacy Policy (“Privacy Policy”) is a legal document. It outlines your rights and obligations as a User of this Web Site (sometimes called Site) in connection with your use of the website owned and operated by Beverage Flavors International, LLC, d/b/a Tropical Passage (“Tropical Passage” or “We”). By accessing this Site, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Privacy Policy. This Privacy Policy applies to all Users of this Site.
B. Tropical Passage reserves the right to revise this Privacy Policy, and any other part of the Site, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. By accessing this Site you acknowledge that you have read, understood, and agree to be bound by the any changes in the Privacy Policy, and any other part of the Site.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
2. Definitions
As used in this Privacy Policy:
A. User means an individual or business that accesses or uses the Site.
B. Registration means the process of registering to access or use this Site. You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.
C. Registration Information means the information, including user name and password, required of a User to use any service provided by Tropical Passage on the Site.
D. Enrollment means the process of signing up for any service provided by Tropical Passage. You are Enrolled, and Enrollment has occurred, when you create an account and provide the necessary Enrollment Information.
E. Enrollment Information means the information required of a User to complete the Enrollment process.
F. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
G. Privacy Policy means this statement of Privacy Policy, as amended from time to time.
3. Eligibility to Use the Site
To use the Sites, you must be at least 18 years old. By using the Site, you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Privacy Policy.
4. Account Requirements
If you enroll for any service provided by Tropical Passage, you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information) as prompted by the Registration and Enrollment processes. You agree to promptly update the Registration Information, Enrollment Information, and any other information you provide to Tropical Passage and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site. You agree that your right to use the Site is personal to you, and you may not resell, assign, or make any commercial use of the Site or its services.
5. Password and Security
Upon Enrollment, you will select a user name and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify Tropical Passage immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.
6. Service Access and Speed
A. Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.
B. You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. Tropical Passage is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site.
7. Third Party Sites
The Site may contain links to websites provided or operated by other parties. When you visit any such websites, you do so at your own risk. We undertake no obligation to monitor such websites and are not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.
8. Disclaimer of Warranties
Our Site and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. Tropical Passage disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the Website and your use thereof. Tropical Passage makes no warranties or representations about the accuracy or completeness of the Site’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from our Website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the Website. You assume the entire risk of loss and damage due to your use of the Website, including but not limited to the cost of repairs or corrections to your hardware or software.
9. Limitation of Liability
Your use of our Website is entirely at your sole risk. Tropical Passage shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
10. Indemnification
You agree to indemnify and hold harmless Tropical Passage from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Site.
11. Choice of Law
The terms of this Privacy Policy and use of this Site is governed by the laws of the State of Illinois.
12. Copyrights and Trademarks
A. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Tropical Passage and protected by U.S. and international copyright laws. Any software used on this Site is the property of Tropical Passage or its software suppliers and protected by U.S. and international copyright laws.
B. Tropical Passage is a trademark of Beverage Flavors International, LLC and may not be used in connection with any product or service that does not belong to Beverage Flavors International, LLC, d/b/a Tropical Passage in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Beverage Flavors International, LLC.
13. Mandatory Arbitration
Any dispute under this Privacy Policy shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
14. Entire Agreement
This Privacy Policy together with the Site’s Terms and Conditions shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Privacy Policy or the Terms and Conditions shall not be binding upon either party except to the extent incorporated in the Privacy Policy or the Terms and Conditions.
15. Assignment of Rights
The rights of each party under this Privacy Policy are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
16. YOUR PRIVACY
A. Tropical Passage does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. Tropical Passage reserves the right to contact a User regarding account status, changes to the Privacy Policy and other matters relevant to the use of the Site. Tropical Passage reserves the right to change this policy at any time. Any such change will be posted on the Site.
B. Our Site may use cookies to facilitate easier navigation within the Site and provide a higher level of convenience for the visitor. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. Any use of cookies used by our Site will not written to the visitor's hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor's personal computer.
17. Termination
This Privacy Policy is effective until terminated by Tropical Passage at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Privacy Policy shall survive.
18. Contacting Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact Tropical Passage at info@tropical-passage.com or by mail to Tropical Passage, ATTN: Legal Notice, 55 E. Monroe Street, Suite 3800, Chicago, Illinois 60603.