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.
. User means an individual or business that accesses or uses the Site.
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.
. 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.
. 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.
Enrollment Information means the information required of a User to complete the Enrollment process.
Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
3. Eligibility to Use the Site
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
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.
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.
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
12. Copyrights and Trademarks
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.
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
14. Entire Agreement
15. Assignment of Rights
16. YOUR PRIVACY
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 firstname.lastname@example.org or by mail to Tropical Passage, ATTN: Legal Notice, 55 E. Monroe Street, Suite 3800, Chicago, Illinois 60603.