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Terms of Use

 

September 2020

Acceptance of the Terms of Use

Welcome to the Cello Cheese website at Cellocheese.com (the “Site”). The Site is owned and operated by Arthur Schuman Inc. (“Arthur Schuman”). These terms of use are entered into by and between You and Arthur Schuman (“Company,” “we,” or “us”). The following terms and conditions govern your access to and use of the Site, including any content and functionality offered on or through the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy available at www.Cellocheese.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Site.

THE SITE IS INTENDED FOR THE EXCLUSIVE USE OF ADULTS OVER 18 YEARS OF AGE. IF YOU ARE NOT OVER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SITE. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

We may change these Terms of Use from time to time. If so, any such changes will be posted on this page. We recommend that you review these Terms of Use on a regular basis. Your continued use of the Site or by otherwise interacting with this Site confirms your acceptance of these Terms of Use including the most recent changes we posted prior to your continued use. We reserve the right to deny access to anyone for any reason, including violation of this agreement.

Geographic Restrictions

THIS SITE IS INTENDED FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. The owner of the Site is based in the State of New Jersey in the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. TO THE FULLEST EXTENT ALLOWED BY LAW, IF YOU ACCESS THIS SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK.

Intellectual Property

The Site itself is protected by Arthur Schuman as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright laws. You acknowledge and agree that all content and material on this Site, including without limitation, text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights owned or licensed by Arthur Schuman. Except as expressly authorized by Arthur Schuman, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material or content.

You may print or download pages or content on this Site on any single computer for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site, including through the use of “bots” or other automatic web tools, to create or compile, directly or indirectly, a collection, compilation or database without written permission is prohibited.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Company operates social media and online properties (“User-Generated Websites”). Such User-Generated Websites may include, but are not limited to, social media accounts, reviews, and comment boards. The User-Generated Websites may permit users to post, submit, publish, display, or transmit to other users or third parties (hereinafter, “post”) content or materials (“User-Generated Content”). By using or posting to any User-Generated Websites, you accept and agree to the following Terms and Conditions for User-Generated Content.

Any User-Generated Content does not necessarily represent the opinions of the Company or its affiliates. Posts that we feel are offensive, inappropriate or not otherwise keeping with the spirit of the page may, in our sole discretion, be removed. Examples of posts that may be removed include posts that: (i) are advertising or spam; (ii) are off-topic; (iii) contain vulgar language; or (iv) may violate the rights of others. We also reserve the right to block users.

Your User-Generated Content will be treated as non-confidential and non-proprietary. Anything you submit or post on any User-Generated Website becomes the property of the Company and we may use and reproduce your User-Generated Content freely, and for any purpose. Specifically, the Company is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in your User-Generated Content. Any such use is without compensation to you. By making a submission, you are also warranting that you own the material/content submitted and that the Company’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. The Company is under no obligation to use the information submitted.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy, available at https://cellocheesewp.wpengine.com/privacy-policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Site and Social Media Features

You may link to our Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site;
  • Send emails or other communications with certain content, or links to certain content, on this Site; or
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Sites

The Site may provide links to other websites whose privacy practices may differ from that of Arthur Schuman. If you submit personal information to any of these third party sites, your information is governed by the privacy polices of those sites and no longer governed by this Terms and Policy. We encourage you to carefully read the privacy policy of any websites you visit. The Site includes links to various social media pages via the “share” functions on our Site. Social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policies of the respective companies providing those sites.

Indemnity

To the fullest extent allowed by law, You agree to indemnify, defend, and hold harmless Arthur Schuman and its officers, directors, shareholders, employees, members, managers, agents and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including attorneys’ fees) that such parties may incur as a result of or arising from (a) your violation of these Terms of Use or our Privacy Policy and your representations and obligations herein, and (b) your negligence or misconduct. Arthur Schuman reserves the right to assume the exclusive defense and control of any matter involving a third party otherwise subject to indemnification by you and, in such case, you agree to cooperate with Arthur Schuman’s defense of such claim.

Disclaimers

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, FUNCTIONS AND FEATURES MADE AVAILABLE ON, ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARTHUR SCHUMAN MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ARTHUR SCHUMAN DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR FEATURES OR ANY CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND THAT BY USING ANY FUNCTIONS OR FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR ANY CONTENT THEREIN. ARTHUR SCHUMAN DOES NOT ENDORSE, GUARANTEE, WARRANT OR CLAIM RESPONSIBILITY FOR THE ACCURACY, EFFICACY OR VERACITY OF ANY CONTENT SUBMITTED BY USERS OF THE SITE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAWS ARE APPLICABLE TO THESE TERMS AND POLICY.

Limitation on Liability

YOU AGREE AND ACKNOWLEDGE THAT NEITHER ARTHUR SCHUMAN OR ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARTHUR SCHUMAN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER BASED IN TORT, CONTRACT OR OTHERWISE).

Arbitration

At Company’s sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Miscellaneous

The failure of Arthur Schuman to exercise or enforce any right or provision of these Terms and Policy shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use or our Privacy Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use or the Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

The Terms of Use and Privacy Policy available at cellocheesewp.wpengine.com/privacy-policy, constitute the sole and entire agreement between you and Arthur Schuman regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:
Email: [email protected]

Phone: 800-888-2433

Mailing Address: Arthur Schuman Inc.
40 New Dutch Lane
Fairfield, New Jersey 07004