These Terms and Conditions of Use (the “Terms of Use”) apply to the Tropicale Foods, Inc. doing business as Helados Mexico (“Helados Mexico”) website located at https://www.heladosmexico.com (the “Site”).

The Site is provided for your information, and we hope you enjoy using it. Please browse the Site and make use of its various features, but please be aware that your use of the website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website. Your use of this Site constitutes your acceptance of these terms and conditions. As long as you comply with these Terms of Use, Helados Mexico grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Helados Mexico may modify these terms and conditions, impose limits on features, or restrict access to this Site, in whole or in part, at any time and in its sole discretion and without liability. Any modifications to this Site will be effective when posted on this Site. Your continued use of this Site constitutes acceptance of these terms and conditions, as modified from time to time.

Use of Site Materials

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, selection, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Helados Mexico and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

All website Content is Copyright 2021, Helados Mexico. All rights reserved.

Except for the rights granted in these terms and conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying, or recording, without Helados Mexico’s prior written consent. Any unauthorized reproduction, retransmission or other use is strictly prohibited.

The trademarks, service marks, trade names, trade dress, logos, and products (“Items”) in this website are protected in the United States and internationally. No use of any of these Items may be made without the prior written authorization of Helados Mexico except as otherwise permitted herein. Helados Mexico actively enforces its intellectual property rights to the fullest extent of the law. No license to use any of Helados Mexico’s trademarks is given or implied by use of or access to this Site. Site users are not permitted to use our trademarks without Helados Mexico’s prior written consent.

Geographic Scope of Site

Helados Mexico controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those Helados Mexico products that are sold by Helados Mexico in the United States and its territories, and Helados Mexico makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

Links to Other Websites

For your convenience and enjoyment, this Site may provide links to other websites that are not operated by Helados Mexico. These links do not mean that Helados Mexico endorses, approves or sponsors any information available at the linked websites or any products that may be sold there. You also understand that Helados Mexico cannot and does not represent or warrant that any software or other material available from the linked websites will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You assume total responsibility and risk for your access and use of the websites, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through the websites. No warranties, whether express, implied, or otherwise may be attributed to Helados Mexico based upon the presence of any externally directed hyperlink on this Site. Helados Mexico expressly disclaims any liability for all third party information or its use.

Contents of the Site – Disclaimer

The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Helados Mexico disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Helados Mexico does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Helados Mexico undertakes no obligation to verify or maintain the currency of such information.

Operation of the Site – Disclaimer

Helados Mexico endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the Site, Helados Mexico expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Helados Mexico makes no warranty that (i) the operation of the Site will meet the user’s requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Helados Mexico) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.

Limitation of Liability

Under no circumstances shall Helados Mexico be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Site or any materials in the Site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Site or information available in the Site. Helados Mexico shall not be liable even if Helados Mexico or an Helados Mexico authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Helados Mexico’s total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Site.

Indemnity

You agree to indemnify, defend, and hold harmless Helados Mexico, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any information you provide or from any violation of these Terms of Use by you.

Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of California or the United States District Court for the Southern District of California, and you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Helados Mexico to enforce any part of these Terms of Use shall constitute a waiver of any of Helados Mexico’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Helados Mexico nor the reliance of any person on Helados Mexico’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Helados Mexico shall have any legal effect whatsoever.

Violation of Terms of Use

You acknowledge and agree that Helados Mexico may preserve any transmittal or communication by you with Helados Mexico through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Helados Mexico determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Helados Mexico, its employees, users of or visitors to the Site, and the public.

Effective:  March 1, 2021