Terms and Conditions

 

Thomas Foods International, USA, Inc. (hereafter, “Thomas Foods,” the “Company,” “us,” “we,” and/or “our”) welcomes you to our website located at www.thomasfarms.com (the “Website”). These terms of use (“Terms of Use”) govern your use of: (a) our Website, (b) our mobile applications, (c) our social media applications, (d) any of our merchandising channels, including, but not limited to, internet, telephone, text messaging (SMS and MMS), catalog, radio, television, or Company-owned retail stores, and (e) any of our products and/or services that are made available to you through any of the foregoing (collectively, the “Services”). Your use of the Website constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR WEBSITE. YOUR ACCESS AND/OR USE OF OUR WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS OF USE. BY ACCESSING AND USING OUR WEBSITE, YOU ARE AGREEING TO EVERY PROVISION OF THESE TERMS REGARDLESS OF WHETHER YOU HAVE READ THEM.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER.

Ownership of Copyrights and Trademarks

We or one of our Affiliates, owns the trademark, Thomas Foods and Thomas Farms, and other trademarks. "Affiliates" are those persons or entities directly or indirectly controlling, controlled by, or under our common control. All other third-party trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners. Our trademarks may not be used without permission.  Unless otherwise notes, all Content, as defined below, also is protected pursuant to Copyright laws or other intellectual property laws, and is owned, controlled or licensed by us.  Unauthorized use or copying us a violation of the law.  You are granted no rights to this intellectual property through your use of our Website.  We and our Affiliates and licensors expressly reserve all intellectual property rights in all Content. We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. We view this use as trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.

Use of the Site

Note: You must be 18 years or older and the age of majority in your place of residence to use, subscribe, or register as a member of our Services.

All materials and information on our Website, including text, images, designs, logos, programs, and video (collectively, the "Content"), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Content for your personal, non-commercial use only.  However,  you (1) must retain all copyright, trademark or other proprietary designations that belong to us or third parties contained on all Content; (2) do not modify or alter the Content; and (3) do not provide or make available the Content to any third party. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or  our Website without first obtaining our written permission.

We reserve the right to terminate, change, suspend or discontinue any aspect of our Website at any time and without notice. We further reserve the right to block or deny access to our Website to anyone at any time for any reason.

Disclaimers and Limitation of Liability

Disclaimer of Warranty

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE COMPANY NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE. THE COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE COMPANY AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; ACCORDINGLY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOUR CASE.

Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES ON THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.

Other Disclaimers and Limitations

UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT OR PROCESS ANY ORDERS AND TO DISCONTINUE, SUSPEND AND REFUSE ACCEPTANCE OR USE OF ANY OFFERS, DISCOUNTS, OR PROMOTIONS, INCLUDING GIFT CARDS, POINTS, AWARD CARDS, GIFT CERTIFICATES, AND ANY AND ALL OTHER SIMILAR PROMOTIONAL OFFERS ("PROMOTIONAL OFFERS") IN THE EVENT OF ADVERTISING ERRORS,  ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE, OR EXPIRATION OF GIFT CARDS OR PROMOTIONAL OFFERS OR CUSTOMER ORDERS.  OUR GIFT CARDS EXPIRE WITHIN THREE YEARS OF ISSUANCE AND CANNOT BE USED AFTER EXPIRY.   

THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL CHANNELS OF TRADE OF THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THIS WEBSITE, TELEPHONE, MOBILE DEVICE AND SOCIAL MEDIA SITES. BECAUSE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE DISALLOWED IN SOME STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THOSE STATES.

Our Unconditional Guarantee, Refund/Return Policy

When you order products from us, your satisfaction is guaranteed. If you are not  happy with your purchase, we will replace your purchase or refund your money, at your request. Due to the perishable nature of our products, we do not accept returns. In the event you are dissatisfied with your purchase, you must contact us within 30 days from receiving your order. We reserve the right to limit refunds and replacements. We guarantee delivery of refunds or replacements only to the addresses you provide to us, which are confirmed in an order acknowledgement.

Limitations On Orders

We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.

Comments and Feedback

Any and all comments, suggestions and other submissions you submit to us on or through the Website (collectively, "Comments") shall be and remain the property of the Company.  You agree that we may use any of the Comments for any purpose including commercial purposes. Such submission of any Comments shall constitute an assignment to the Company of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. The Company shall be under no obligation to keep the Comments confidential or to pay to any compensation for any Comments. You agree that no Comments submitted by you to the Company will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Prohibited Uses

Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying the Services or the Website are not be permitted. You agree to use the Service and Website in accordance with these Terms of Use and for lawful purposes only.  You agree that you will not use the Website or Services to send unsolicited advertising, promotional material, or other forms of solicitation to other users. You further agree that you shall not attempt to modify, reverse-engineer or decompile the source code used by us in connection with the Services or this Website.  Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited and violations of system or network security may result in civil or criminal liability.

Termination of Use

We may, in our sole discretion, reserve the right to terminate your use of our Website at any time. You will remain responsible for payment for any orders that you place or charges that you incur prior to termination.

Privacy Notice and Your Information

We respect the importance of maintaining the privacy of our users, customers and subscribers.  Accordingly,  we have established a privacy notice. Our Privacy Notice, which is available by clicking on this link, is part of these Terms of Use, and is incorporated herein by reference.  Our Privacy Notice explains why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Notice.   By agreeing to these Terms of Use, you agree to our use of your information in accordance with our Privacy Notice, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.  

Shipping

All orders placed on this Website are subject to product availability and will be shipped according to the Company’s shipping information, at this link.

Shipping to P.O. Boxes

We cannot deliver to P.O. Boxes or A.P.O. or F.P.O. addresses. We'll gladly deliver to rural routes with complete addresses and telephone numbers.

International Shipping

Due to import/export restrictions, we are unable to ship our products outside the United States, Canada, Puerto Rico and the U.S. Virgin Islands.

Shipping Accuracy

Please be sure to check your addresses carefully.  We reserve the right to make corrections and to limit refunds and replacements if an address error is made.

Since our shipments are perishable, we cannot guarantee the condition of the package if the delivery service has to reroute it. We can guarantee delivery only to the provided address confirmed on the order acknowledgement.

Your satisfaction is our priority. While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs.

Pricing and Product Information

The price of your items ordered will be conformed after you place the order.  Unintentional pricing or typographical errors may occur. All photographs and images are merely illustrative of the advertised product. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). If a lost item has an incorrect price or contains inaccuracies in the information, we shall have the right, in our sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, we will issue a credit to your credit card. However, the policies of individual banks will determine when the amount is credited to your account. 

The prices and  our product availability are subject to change without notice. If you are not fully satisfied with your purchase, you may refer to Our Unconditional Guarantee.

Prices do not include shipping costs or applicable taxes, unless otherwise noted.

Disputes, Arbitration, Jury Trial Waiver and Class Action Waiver

In the event of a dispute between you and the Company, this section outlines the expectations between the us.

  1. Before you may file an action or participate in a dispute of any kind against us, either in court or arbitration, relating to us, your relationship with us, these Terms of Use, billing, privacy, advertising, or the Company’s or its Associates' communications with you, you must first send a written description of your dispute or claim to us at: Thomas Farms c/o Thomas Foods International, 2600 Oldmans Creek Road, Swedesboro, New Jersey 08085, Attn: Legal Department/Customer Disputes, and you must allow the Company an opportunity to amicably resolve your dispute. Your written notice must explain to us the problem in detail so that we can understand the nature of your dispute and be able to respond appropriately. Please include and attach  all relevant documents and information that pertain to the dispute. You and the Company agree to negotiate in good faith with each other to try to resolve the dispute. If we do not reach a resolution within sixty (60) days after we receive your written notice of dispute, you may pursue your dispute in arbitration or, solely to the extent specifically provided below, in court.
  2. You and the Company agree that, except as set forth below, any and all disputes, controversies and claims between the parties shall be resolved through binding arbitration. This arbitration provision pertains to  any and all disputes, controversies and claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term.
  3. In the event you commence an arbitration proceeding, you agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the American Arbitration Association (“AAA”); (ii) the arbitration shall be conducted on written submission, telephonically or at a location determined by the AAA pursuant to the AAA Rules and Procedures; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) EXCEPT AS SET FORTH BELOW IN SUBPART (vi), THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, (v) your claim shall be arbitrated on an individual basis, and you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claim subject to arbitration, and the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and the Company and its Affiliates alone; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception of subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at adr.org.
  4. Notwithstanding the above paragraphs, if you fail to pay us in full any amounts you owe when they are due, the Company may send your account to collection, and the Company and/or the collection agency may pursue in court claims limited to the collection of past due amounts and any interest or cost of collection permitted by law or these Terms of Use. In addition, the Company may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of the Company or of any third party.
  5. YOU ALSO MAY CHOOSE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE (THE "OPT-OUT DEADLINE"). You may opt out by providing written notice to us at the following addresses: Thomas Farms c/o Thomas Foods International, 2600 Oldmans Creek Road, Swedesboro, New Jersey 08085, Attn: Legal Department. You or the Company must bring any claim arising out of or related to these Terms of Use or our relationship within one (1) year after the claim arises, or the claim will be permanently barred.
  6. YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE COMPANY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
  7. IF YOU OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE BY THE OPT-OUT DEADLINE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. THE COMPANY DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SECTION, THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. REGARDLESS OF THE FORUM IN WHICH YOUR CLAIM PROCEEDS, YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

Validating Your Order

After you place an order through our Website, we will review your information and  verify your method of payment and/or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract that includes a provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Accordingly, no provision in these Terms of Use shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (such as negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (such as the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (such as the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (such as a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (such as computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. As such, under the Limitations of Liability section in these Terms of Use, the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Accessibility Statement

We strive to ensure that our Website, mobile applications, as well as, our products and services are accessible to people of all abilities. We continue to develop, test and update these platforms using the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline. If you experience any difficulty with any of our platforms, please let us know by contacting us at:

Email: wecare@thomasfoodsusa.com

Copyright Agent / Digital Millennium Copyright Act

We respect the rights of owners of copyrights holders. To that end, we have adopted and implemented a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of copyright holders. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a repeat offender, your access will be suspended or terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent (identified below) with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:

Copyright Agent

Attn:      William W. Matthews, III, Esq.

Klehr Harrison Harvey Branzburg, LLP

14th Floor

1835 Market St.

Philadelphia, PA 19103

215-569-2700

wmatthews@klehr.com

Indemnification

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, employees or agents, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Service, including in violation or breach of the Terms of Use, (ii) your Comments or any user submissions, (iii) your violation of any rights of a third party, or (iv) your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Service and/or the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.

Acknowledgment and Changes

We may update or modify these Terms of Use at any time, without prior notice. If you use our Website following any such change, you agree to be bound by the Terms of Use as changed. We highly recommend you review these Terms of Use each time you visit the Website.

These Terms of Use, together with our Privacy Notice, and all other documents incorporated herein by reference, represent the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior statements or representations. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

We may send you responses or notices by e-mail, posting via the Service, or written communication sent by the U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Created: April 24, 2020

PRIVACY NOTICE

This privacy notice (“Privacy Notice”) describes  Thomas Foods International USA, Inc.’s hereafter, “Thomas Foods,” the “Company,” “us,” “we,” and/or “our”) collection, use and sharing of personally identifiable information submitted by you to us through this Website. This Privacy Notice does not apply to personally identifiable information submitted other than through this website, such as in telephone conversations, facsimile transmissions, or paper correspondence. Please read this Privacy Notice carefully, as it explains your rights with regard to the type of information we collect, how we use that information, whether it is disclosed to third parties, and how it is safeguarded. By using our Website and/or any of our Services (as defined in our Terms of Use), you agree to the terms of this Privacy Notice and you are granting your express consent to our collection and use of your personal information in the manner we describe and for normal business communications. If you do not agree with the terms of this Privacy Notice, or any updates or modifications thereto, please exit the Website now.

We may change or update this Privacy Notice periodically. You can view the most current version of our Privacy Notice at any time by clicking on the hyperlink labeled “Privacy Notice” located on each page of the Website. Any such material changes will be communicated through the Website and will be applied only to information collected after the date of the change.  Accordingly, we recommend that you review this Privacy Notice each time you visit the Website.

Personally Identifiable Information

“Personally identifiable information” means any information collected by us, or third parties authorized by us, through this Website that can be used to identify you. Some examples of personally identifiable information include your name, physical address, email address, telephone number, or any other personal information that would allow someone to contact you physically or online.

From time to time we may send you an email alerting you to new products, promotions or discount deals. You may unsubscribe from these emails by following the instructions provided on the message at the bottom.

Types of Information We Collect And How We Do It

  • We collect personally identifiable information that you submit voluntarily in connection with your use of our Website and when you send us an email, including the following types of information: your name, home address, telephone number, mobile phone number, email address, geographic location and other demographic information, mobile device information, site traffic information, credit card information, current and historical purchase and order information. We may track what site you came from, or what site you visit when you leave us. We may track your use of an app. We may collect audio and visual information from you.

    We receive information from and about you in many ways, including, but not limited to the following: (i) when you purchase our products via telephone, mail, online, through our Website, or in our retail stores; (ii) when you request a refund or replacement; (iii) when you sign up to receive promotional emails or text messages from us; (iv) when you enroll in a loyalty, rewards or similar program or club; (v) when you set up a personalized account; (vi) when you enter any of our promotional contests or surveys; (vii) when you communicate with our employees or customer service department; (viii) when you access any of our social media sites; (ix) when you click on sponsored links or third-party advertisements on our Website.


We also may receive information about you from public sources or third parties, such as obtaining data from other companies, including data brokers. We receive information from social media platforms and business partners, including online advertisers and co-sponsors. We gather information about gift recipients for whom you place an order.

How We Use Your Information

We and third parties authorized by us, may use your personally identifiable information in order to contact you, communicate with you, provide you with special offers, savings coupons, or news, send you information relating to contests or promotions sponsored by us, or to conduct market research.  We further may use your information to: (i) process purchase or refund transactions; (ii) improve our marketing and promotional efforts; (iii) statistically analyze our Website usage; (iv) improve and/or customize our content, Services and product offerings; (v) analyze and/or evaluate your personal interactions with us to enhance your and others’ shopping experiences and our Website; (vi) diagnose problems with our servers; and/or (vii) for security purposes.

 

We also may share personally identifiable information you provide with unaffiliated third parties for any of the following reasons: (i) you request or authorize it, (ii) to help you complete a transaction, (iii) to comply with applicable law, a subpoena or other legal process; (iv) to provide you with notice of goods or services of third parties that we believe may be of interest to you; (v) as part of a purchase, transfer or sale of services or assets, including the transfer of assets in connection with a sale of any of our assets;  (vi) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf, or (vii) the information is provided to such third parties as otherwise described in this Privacy Notice.

As part of your use of our Services, you will be required to provide us with your postal address and/or phone number. Regardless of the type of phone number (wireless or wired) or whether this number is listed on the Do-Not-Call Registry, you consent to us or our designated agents contacting you at this number, for any purpose (including sales, marketing and promotional offers) and by any means (including autodialed or prerecorded voice calls and text messages made with an automatic telephone dialing system). You may also receive mailings from other companies. If you do not wish to receive any calls or mailings, please adjust your account settings or contact us to inform us of your preferences.  

If you are placing an order from the European Union, please note that we only use your data to process and complete your requested transaction.

Cookies And Similar Technology

We may use automated means to gather non-personal information about your computer and the way you interact with this website, including general statistical information about you, your computer or device, including IP addresses, operating systems, browsers, device settings, domains, pages viewed, visitor count, goods and services purchased, transactions, and the like. To accomplish  this, we may use cookies or pixels to store and track information on our websites. Cookies are small text files downloaded onto your computer for record-keeping purposes. Cookies are used to identify your internet browser, store your user preferences, authenticate user sessions, provide services, and determine whether you have installed the software necessary to access certain material or applications on this website. “Pixels” are small strings of code that provide a method for delivering a graphic image on a webpage or other document. Pixels allow the operator of a webpage or other document, or a third party who serves the Pixel, to set, read, and modify Cookies on, and to transfer other data to, the browser used to view the webpage or other document.

Some cookies remain on your computer until you close the browser after a user session. Other “persistent” cookies remain on your computer until they are deleted. You can remove persistent cookies by following the directions in your internet browser’s help file. You can also program your computer to warn you each time a cookie is being sent, block third party cookies, or block all cookies. Please note that if you reject cookies or disable cookies in your web browser, you may not be able to use our Website.

Safeguarding Your Information

We will take reasonable measures to safeguard your personally identifiable information and sensitive credit card information from unauthorized access, use, or destruction. However, please be aware that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by persons other than the intended recipient.

Our Website is certified as a licensee of the VeriSign Secure Site Program, a leading provider of e-commerce security. We also take several steps to protect the information we have about you, including but not limited to controlling access to personally identifiable information.

The security of the information you provide also depends on you.  After registering or placing orders on our Website, you are responsible for protecting the security of your username and password. You are responsible for any transaction made using your username and password. We will take reasonable security precautions regarding your personal information.  However, the we cannot guarantee that any of your personal information transmitted to or from us will be free from unauthorized access or disclosure.

As set forth in our Terms of Use, we disclaim any liability for any unauthorized access to, disclosure or damage to, interception of, theft, or loss of any data communications and/or personal information. By using the Website, you acknowledge that you understand and agree to assume these risks.

In addition, please be aware that we cannot control the policies or practices of third parties who we may disclose information to about users of our website, or third parties who perform certain functions on our behalf. In each case, any use or disclosure of information by such third parties is not governed by this Privacy Notice.  Our Website may contain links to other websites, including websites of third party advertisers. This Privacy Notice only applies to information we collect through this Website. We are not responsible for the privacy notices or policies of other websites—you should read the privacy notices or policies of each website you visit before submitting any personally identifiable information.

Data Retention

We retain data on sales transactions for an extended period of time in order to facilitate any claims or recalls. If you refuse to provide your data to facilitate a transaction, we reserve the right to refuse and reject any attempt by you to make a purchase.

Children Under 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on this Website or on or through any of its features; do not register on the Website; do not make any purchases through the Website; do not use any of the interactive or public comment features of this Website; and do not provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.  If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@thomasfoodsusa.com and provide us sufficient detail to investigate the matter and take corrective action if necessary.  For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.

Your Rights

You have the right to request information from us about your information that we collect. You have the right to object to any processing of your data beyond that necessary to facilitate a purchase or refund transaction, or a product recall. You have the right to object to our use of your information in our direct marketing efforts. You have the right to correct or update your information. If we have your information by virtue of your consent, you have the right to withdraw consent. You have the right to request that your information not be sold.

Contacting Us

To update your information, Submit a request online or contact us by telephone at 1-856-832-3255 or by email at wecare@thomasfoodsusa.com.

Our mailing address:
Thomas Farms c/o Thomas Foods International USA, Inc.

2600 Oldmans Creek Road

Swedesboro, New Jersey 08085