Last Updated: Terms and Conditions was last updated on March 6, 2020.
Welcome to Straus Family Creamery’s websites, social media platforms owned and controlled by us, and any content, functionality, or services offered through us, including our website located at https://www.strausfamilycreamery.com (collectively, the “Site”). The Site is maintained and operated by Straus Family Creamery (“SFC”, “we” or “us”).
YOUR ACCESS TO AND USE OF THE SITE, IN ANY FORM, CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.
Authorized Use of Site: This Site is provided for your personal, non-commercial use and only for informational purposes, based on your agreement to use the Site consistent with all applicable laws and regulations. Any other use of the Site requires the prior written consent of SFC. By using the Site, you represent and warrant that you are at least 18 years of age and you agree to abide by any rules, policies, and guidelines in connection with such use, which are incorporated into herein by reference. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
Unauthorized Use of Site: You will not take any of the following actions with respect to the Site or content therein, nor will you use the Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use the Site in any manner that:
Proprietary Rights: SFC is the owner of or otherwise licensed to use all parts of the Site, including, without limitation, all copy, software, graphics, photographs, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (collectively, the “Content”). Some materials on the Site belong to third parties who have authorized SFC to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by SFC. If you would like to request permission to use any of the Content on the Site, please contact us. We welcome your comments and feedback regarding our Site, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to SFC using the Site or otherwise (collectively, “Communications”) are not confidential and will become and remain SFC’s property. The disclosure, submission, or offer of any Communications will constitute an assignment to SFC of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms and Conditions, you may bear legal responsibility for such Communications.
Security: We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers. Please be aware, however, that no data security measures can be completely effective. Consequently, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that SFC makes no warranty or representation nor can it ensure that use of any of our Site is protected from viruses, security threats, or other vulnerabilities. You transmit information to us at your own risk.
Links: Our Site may contain links to other web sites not maintained or controlled by SFC. Other web sites may also reference or link to our Site. SFC does not control these other web sites and such web sites have their own privacy and security policies. SFC does not endorse, screen, approve, and is not responsible for the privacy or security practices or content of such other websites. We encourage our users to read the privacy and security policies of each and every web site that collects personally identifiable information. Visiting these other web sites is at your own risk.
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our site. We reserve the right to refuse access to the Site to anyone for any reason at any time.
Disclaimer of Warranties: THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
IN ADDITION, SFC MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
SFC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
Limitation of Liability: IN NO EVENT WILL SFC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED SFC ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF SFC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR CONTENT TO YOU WITHOUT THIS LIMITATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES
Changes: These Terms and Conditions are subject to change at any time without prior notice. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms and Conditions whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms and Conditions as modified. SFC reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that SFC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO SFC THROUGH THE SITE.
Indemnification: You agree to indemnify, hold harmless and, at our option, defend SFC (including our employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives) from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees and costs, arising from, or related to, a violation of these Terms and Conditions, your use of the Site, or your violation of any applicable law or rights of another. These obligations will survive any termination of your relationship with SFC or your use of our Site.
Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies: The failure of SFC to partially or fully exercise any rights or the waiver of SFC of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by SFC or be deemed a waiver by SFC of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of SFC under these Terms and Conditions and any other applicable agreement between you and SFC shall be cumulative, and the exercise of any such right or remedy shall not limit SFC’s right to exercise any other right or remedy.
International Access: Our Site is provided from the United States of America and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States. The information provided within or in connection with the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SFC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, or other feature that SFC provides.
These Terms and Conditions were written in English (US). To the extent any translated version of these Terms and Conditions or any Content appearing on or through the Site conflicts with the English version, the English version controls.
Governing Law: By visiting or using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the laws of the State of California, without regard to principles of conflicts of law, shall govern these Terms and Conditions.
Dispute Resolution: READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.
Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would. The decision of the arbitrator will be in writing and binding and conclusive on you and SFC, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Albert Straus, 1105 Industrial Avenue, Ste #200, Petaluma, CA, 94952. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you and SFC agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You and SFC understand that, absent this mandatory arbitration provision, you and SFC would have the right to sue in court and have a jury trial. You and SFC further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in the county where you live or at another mutually agreed location.
For residents outside the United States, arbitration shall be initiated in San Francisco County, California, and you and SFC agree to submit to the personal jurisdiction of any state or federal court in San Francisco County, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address:
ATTN: Straus Family Creamery
1105 Industrial Avenue
Petaluma, CA 94952
You must provide your name, address, and email, and a clear statement that you want to opt-out of this arbitration provision, within the later of 30 days after your first use of the Site or within 30 days of changes, if any, being made to the Site, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of these arbitration provisions, SFC will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event, some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and SFC agree to waive, to the fullest extent allowed by law, any trial by jury.
Class Action Waiver: READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You agree that you and SFC will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms and Conditions and/or in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and SFC further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms and Conditions or in connection with the Site.
The terms of this provision will also apply to any claims asserted by you against any of SFC’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us.