Terms of Use Agreement

Welcome to the Nielsen-Massey Vanillas website. This website is owned and operated by Nielsen-Massey Vanillas, Inc. and Nielsen-Massey Vanillas International, B.V. By using our website, you are agreeing to comply with and be bound by the following Terms of Use. Please read them carefully. Your use of this website constitutes your agreement to the Terms of Use at the time of your visit. If you do not agree with any of these terms, please do not use this website. The term "Nielsen-Massey" or "us" or "we" or "our" refers to Nielsen-Massey Vanillas, Inc. and Nielsen-Massey Vanillas International, B.V. The term "you" refers to the user or viewer of our website.

Acceptance of Agreement
This Terms of Use Agreement ("Agreement") governs your use of this website and your access to and use of the content, postings, links, pages, services, and /or other materials offered on the website, and any products purchased through this website. By accessing this website, you agree that you are bound by the Agreement and agree to all operating rules, if any, which may be published by Nielsen-Massey on the website. All these rules are incorporated into this Agreement by this reference. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this Agreement.

Privacy
By accepting this Agreement and submitting your personal information on our website, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Please review our Privacy Statement contained in the website to better understand our privacy practices, which also govern your use of this website. Our Privacy Policy is incorporated by reference into this Agreement.

Use of Site, Ownership, Copyright and Trademark Rights
This website is not intended for use by or availability to Children. Nielsen-Massey does not seek or knowingly collect personal information from children. If you are under the age of 18, please do not use this website without adult supervision.

All content, graphics, design, compilation, Vanilla Vine newsletter, and other materials used or appearing on the website are the exclusive property of Nielsen-Massey or its licensors and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property rights) laws. Nielsen-Massey Vanillas® and its logo/shield are registered trademarks of Nielsen-Massey. Some material on the website may be owned by third parties and posted on the website by virtue of a license, grant or some other form of agreement between the third party and Nielsen-Massey. You are only authorized to visit, view and retain copies of pages of this website solely for your own individual use. You may only copy, download or print materials contained in the website for your own personal, non-commercial use and without modifying or altering the materials or any proprietary, copyright, or trademark notices or disclaimers. The copying, downloading, printing, redistribution or republication of any material contained in this website for any commercial purpose is strictly prohibited without the express, written permission of Nielsen-Massey. You do not acquire ownership rights or license to any content, document or other materials viewed through or downloaded from the website. Except as expressly provided herein, you may not use, download, upload, post, copy, reproduce, print, modify, transmit, display, redeliver using "framing technology," create any derivative works based on, distribute, sell, license or otherwise commercially exploit in any way any material, content, or products on the website without the express, written permission of Nielsen-Massey. The posting of information or materials on this website by us does not constitute a waiver of any of our rights in such information and materials.

Third Party Intellectual Property Rights
You may not use this website to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have permission of the owner; or (iii) infringes on the intellectual property rights of others or violates the privacy or rights of publicity others.

If you believe that any content or material contained on this website constitutes a copyright infringement, please notify us at info@nielsenmassey.com and provide us with a written explanation of the alleged infringement.

Links to Other Sites
Nielsen-Massey provides links to other websites. Links to such websites are provided as a convenience to you. However, Nielsen-Massey does not endorse linked sites and Nielsen-Massey is not responsible for the content or practices of any linked site. The content of the linked site and your use of the linked site are governed in accordance with the terms of use for those websites. You should refer to each such website’s individual terms of use and not rely on this Agreement when accessing a linked site. IN NO EVENT WILL NIELSEN-MASSEY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATED TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY CONTENT, MATERIAL, OR PRODUCTS ON ANY LINKED WEBSITE.

Revision of Agreement/Revision or Termination of Website
This Agreement may be revised, modified, or amended at any time by us from time to time without specific notice to you. Such revision, modification, or amendment may impose new or additional terms and conditions on your use of the website which shall be effective immediately and incorporated into this Agreement when posted by Nielsen-Massey to this website. You should review the latest postings on each visit to our website. Please note: your use of the website following such revision, modification or amendment indicates your acceptance to such revision, modification or amendment.

Nielsen-Massey also has the right, at any time, to modify or discontinue, temporarily or permanently, the website and/or to refuse or restrict anyone from access to the website, with or without notice and in its sole discretion. Nielsen-Massey shall not be liable for any modification, suspension or discontinuance of the website.

Warranty Disclaimer/Limitation of Liability

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, AND CONTENT ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, INFORMATION AND CONTENT, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. NIELSEN-MASSEY MAKES NO REPRESENTATION OR WARRANTIES THAT ACCESS TO ITS WEBSITE WILL BE AVAILABLE ON A CONTINUOUS OR TIMELY BASIS, WILL BE SECURE, UNINTERRUPTED OR WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIELSEN-MASSEY HAS NOT REVIEWED THE ACCURACY OF THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, IT MAKES NO ENDORSEMENT, EITHER EXPRESS OR IMPLIED, OF ANY WEBSITES LINKED TO THIS WEBSITE, AND YOUR USE OF SUCH LINKS IS AT YOUR OWN RISK. THE MATERIAL PRESENTED ON THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. IT IS NOT AN OFFER TO SELL ANY PRODUCT OR SERVICE TO ANY PARTICULAR CUSTOMER OR IN ANY PARTICULAR JURISDICTION. SHOULD YOU WISH TO PURCHASE A PRODUCT OR SERVICE, PLEASE CONTACT A REPRESENTATIVE OF NIELSEN-MASSEY FOR FURTHER INFORMATION. IN THE EVENT THAT YOU PURCHASE ANY OF OUR PRODUCTS OR SERVICES, WHETHER DIRECTLY THROUGH THIS WEBSITE, THROUGH ONE OF OUR SALES PREPRESENTATIVES, OR THROUGH A LINK DIRECTLY OR TO ANOTHER VENDOR OR AUCTION WEBSITE, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO SUCH PURCHASE.

IN NO EVENT SHALL NIELSEN-MASSEY OR ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES DESCRIBED OR SOLD ON THE WEBSITE, OR ANY INFORMATION. CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY OR PERSONAL INJURY, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL NIELSEN-MASSEY’S OR ITS AFFILIATES’, DIVISIONS’, SUBSIDIARIES’ OR THEIR RESPECTIVE OFFICERS’, DIRECTORS’ OR EMPLOYEES’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR ANY OF THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NIELSEN-MASSEY AND ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, MISUSE OF OR INABILITY TO USE, THE WEBSITE, THE PRODUCTS, THE CONTENT, INFORMATION, OR MATERIAL CONTAINED, DISPLAYED OR AVAILABLE ON THE WEBSITE.

Choice of Law
The website is controlled by Nielsen-Massey from within the State of Illinois, USA. By accessing the website, you agree that the laws of the State of Illinois, USA govern all matters relating to this Agreement and the use, or inability to use, the website and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Illinois, USA.

Separate Entities
Nielsen-Massey Vanillas, Inc. and Nielsen-Massey Vanillas International, B.V. are separate entities and neither entity assumes the obligations or liabilities of the other entity. The ownership and operation of this website by both entities does not, and shall not, constitute or imply anything to the contrary.

Miscellaneous
The failure of Nielsen-Massey to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nonetheless agree that the court should endeavor to give effect to the parties’ intentions as reflected and that the other provisions of this Agreement remain in full force and effect. The section headings in this Agreement are for convenience only and have no legal effect.

Questions
If you have any questions regarding this Terms of Use Agreement, you may contact us at info@nielsenmassey.com or at the following address and phone number:

Nielsen-Massey Vanillas Inc.
1550 Shields Drive
Waukegan, Illinois USA 60085
Telephone: 847-578-1550
800-525-PURE (7873)

This Terms of Use Agreement was last modified on May 24, 2011.

 
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