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Terms and Conditions

Welcome to Brookhaven Marketplace! This Agreement (the "Agreement") is a legal agreement between you and Brookhaven Marketplace, INC. ("Brookhaven Marketplace") that states the terms and conditions under which you may use the Brookhaven Marketplace Web site ("BrookhavenMarket.com"). If you use the Brookhaven Marketplace website www.BrookhavenMarket.com, you agree to these terms and conditions.

1.  Copyright and Fair Use .  All content on the Brookhaven Marketplace  website, including images and graphics, are protected under applicable copyright and trademark laws. Portions of the content are provided by Proco Marketing Inc. for the sole use of Brookhaven Marketplace and its site visitors. Copying, modifying, distributing, transmitting, displaying, selling, licensing, using, framing, or publishing derivative works for commercial purposes, without written consent from Brookhaven Marketplace  and Proco Marketing, Inc., is prohibited.  You may copy and print portions of this website for informational, non-commercial, or personal use only. Non-profit organizations, non-profit educational institutions, church groups, personal websites, health professionals, and operators of non-commercial health- or nutrition-related websites may use or reprint up to 25 Brookhaven Marketplace  recipes at no charge.

Websites that wish to link to Brookhaven Marketplace  may do so  without written permission as long as the following conditions are met:

        a.  The appearance and position of the link may not damage or dilute the goodwill associated with our name and trademark.
        b.  The link may not create the false impression that your website is associated with or sponsored by us.
        c.   Your website must not be associated with materials considered adult, pornographic, or offensive in nature.
        d.  We may, at our discretion, revoke consent to link to our site at any time.

2.  Trademarks.  This site contains certain trademarks, registered trademarks, and logos, either of Brookhaven Marketplace, Proco Marketing, Inc. or of its clients, subsidiaries, or affiliates.

3.  External Links.  We may provide links on this site to other websites not under our control. These links are provided for convenience only. They do not imply any type of warranty regarding these websites.

4. 
Disclaimers.
        a.  Nutrition Disclaimer: This website uses the latest nutritional data available from the USDA (United States Department of Agriculture). We also obtain nutritional data from food manufacturers about their products. Proco Marketing, Inc. believes the information on this website to be accurate. However, we are not responsible for typographical or other errors.   Nutrition information is based on the ingredients and cooking instructions as described in each recipe and are by nature based on statistical averages. Nutrition may vary based on methods of preparation, origin and freshness of ingredients, etc.  This site is not a substitute for the services of a trained health professional. Although we provide nutritional information for our recipes, we do not provide medical or dietary advice of any kind. Please discuss any concerns with your physician or registered dietitian.

        b.  Content Disclaimer: The content on this site is provided "as-is." All warranties, express or implied, are disclaimed. We and our affiliates are not liable for your use of any content, products, or services contained in this site. We and our affiliates are not liable for any direct, indirect, incidental, or consequential damages, including damages for loss of business, loss of profits, litigations, etc., as a result of using this site or of an inability to access the site. We do not warrant that access to this site will be uninterrupted or that there will be no failures, errors, or loss of information, or that no viruses will be transmitted on the service. Some states do not allow the exclusion of liability for incidental or consequential damages; the above exclusions or limitations may not apply to you. You may also have other rights that may vary from state to state.

5.  Your Account. You agree to provide Brookhaven Marketplace with accurate and complete information as required by registration for the Brookhaven Marketplace Online Registration ("Customer Registration Data"), including, but not limited to, your legal name, addresses, telephone number, and promptly to notify Brookhaven Marketplace of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Brookhaven Marketplace Website . Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Brookhaven Marketplace promptly of any unauthorized use of your password or your.  


6.  Changes in Agreement, or Brookhaven Marketplace Service. Brookhaven Marketplace may at any time change any of the terms of this Agreement. If Brookhaven Marketplace makes material changes to this Agreement, Brookhaven Marketplace will provide notice to you in a manner provided in this Agreement. Your use of the Brookhaven Marketplace Website after any such change will be conclusively deemed acceptance of such change. Brookhaven Marketplace may discontinue or revise any or all aspects of the Brookhaven Marketplace Website without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error. If any change is unacceptable to you, you may terminate this Agreement.


7.   Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE BROOKHAVEN MARKETPLACE SERVICE, BROOKHAVENMARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE BROOKHAVEN MARKETPLACE SERVICE, BROOKHAVENMARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BROOKHAVEN MARKETPLACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROOKHAVEN MARKETPLACE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY BROOKHAVENMARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT BROOKHAVENMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER BROOKHAVEN MARKETPLACE NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE BROOKHAVEN MARKETPLACE SERVICE, BROOKHAVENMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH BROOKHAVEN MARKETPLACE. BROOKHAVEN MARKETPLACE'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY BROOKHAVEN MARKETPLACE AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material on BrookhavenMarket.com is provided for lawful purposes only. Brookhaven Marketplace controls and operates BrookhavenMarket.com from its headquarters in Darien, IL, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use BrookhavenMarket.com from other locations, you are responsible for compliance with applicable local laws.

8.  Indemnification. You agree to defend, indemnify and hold Brookhaven Marketplace and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.


9.  Termination. Brookhaven Marketplace may suspend or terminate your access to the Brookhaven Marketplace Website at any time for any reason with or without notice to you. You may terminate your Brookhaven Marketplace Website Account at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice.


10.   Privacy and Security. Your privacy is very important to Brookhaven Marketplace. Brookhaven Marketplace uses Verisign™ or a similar service at Brookhaven Marketplace's discretion to encrypt your personal information in order to protect your information as it travels over the Internet. Brookhaven Marketplace does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Brookhaven Marketplace Website or as described below.

        a.  Aggregated Information. Brookhaven Marketplace may use aggregated information regarding its customers and usage of the Brookhaven Marketplace Website (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
        b.  Third Party Service Providers. Brookhaven Marketplace may employ other companies and individuals to perform certain functions such as analyzing data. They may have access to personal information to perform their functions.
        c.  Sale of Business. Brookhaven Marketplace may transfer Customer Registration Data and other personal information in connection with the sale of Brookhaven Marketplace or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.
        d.  Enforcement of Agreement or Compliance with Law. Brookhaven Marketplace may use or disclose personal information when Brookhaven Marketplace believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Brookhaven Marketplace or its users or to comply with the law.


11.  Notices. Brookhaven Marketplace may give notice to you of a change in this Agreement, a change in the Brookhaven Marketplace Fee Schedule, and any other matter by general posting on BrookhavenMarket.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Brookhaven Marketplace by telephone, by electronic mail, or by conventional mail to:
Brookhaven Marketplace, INC.
7516 S. Cass Ave.
Darien, IL 60527
Attention: CUSTOMER CARE

12.  Legal and Miscellaneous.
        a.  This Agreement states your entire agreement with Brookhaven Marketplace regarding the use of the website  BrookhavenMarket.com. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
        b.  The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
        c.  This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Brookhaven Marketplace or its Associates or relating in any way to your use of BrookhavenMarket.com resides in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois in connection with any such dispute.
        d.  Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
        e.  Sections 6 and 7 of this Agreement are for the benefit of Brookhaven Marketplace and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 5 and 6 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Brookhaven Marketplace service.

13.  Legal Notices to California Customers. California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3: