TILLAMOOK® TERMS OF USE

Last updated: January 3, 2025

The services the Tillamook County Creamery Association and our subsidiaries (together, "Tillamook", “us,” "our," and "we")‎ provide are subject to these Terms of Use (the “Terms”), including our websites, our online shop, Tillamook accounts, and any other digital experiences we provide (together, the “Services”) that link here.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO BE BOUND BY THE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 11 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK HERE TO READ SECTION 12 OF THIS AGREEMENT FOR FURTHER DETAILS.

Please review the Tillamook Privacy Policy to learn about the personal information we collect, how we handle personal information, and how you can exercise your privacy rights. When interacting with our chatbot, information about your interactions, including your questions, is processed by our service providers to help provide and improve the feature.

INGREDIENTS:

1. ACCEPTANCE & GENERAL TERMS

2. USE OF THE SERVICES AND CONTENT

3. TILLAMOOK ACCOUNTS

4. THIRD-PARTY WEBSITES AND SERVICES

5. COMMUNICATIONS

6. TILLAMOOK ONLINE STORE

7. SOCIAL MEDIA

8. SOFTWARE

9. REPRESENTATIONS AND WARRANTIES | INDEMNIFICATION

10. LIMITATION OF LIABILITY

11. DISPUTES | BINDING ARBITRATION AND CLASS ACTION WAIVER

12. ‎MISCELLANEOUS

2. USE OF THE SERVICES AND CONTENT

The Services and all content on the Services, such as recipes, FAQs, articles, video, text, images, icons, graphics, illustrations, code, designs, “look and feel,” data, and compilations (together, the “Content”), are intended for your personal, non-commercial use. Tillamook attempts to be as accurate as possible when it comes to the nutritional information we provide, though as described below, we do not guarantee the accuracy of such information.

The Services and the Content, as well as the selection, coordination, compilation, and arrangements of the Services and Content, are (1) protected by applicable trade dress, copyright, trademark, patent, and other intellectual property laws in the United States and internationally, and (2) owned and controlled by Tillamook or Tillamook’s licensors or providers.

Provided you abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services, you may download, copy, print, or share the Content and other downloadable items displayed on the Services for your personal, non-commercial use only. You must obtain prior written permission from Tillamook or the copyright holder to use Content for purposes other than your personal, non-commercial use.

Except as provided in these Terms, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, communicate to the public or in any way exploit, any of the Content or the Services in whole or in part.

You may not:

• Use our Services or Content in any way that (1) violates any applicable federal, state, local, or international law or regulation or (2) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Attempt (or assist in anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, Content, or any features of the Services, or make any unauthorized use of the Services.

• Collect Content, data, or information from the Services using automated means, including through the use any spider, bots, scripts, software, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process designed to data mine or scrape information from a website or service.

• Use the Services or Content for the development of any model, algorithm, or generative AI tool.

• Use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services or Content in any way, including overriding any security feature, bypassing or circumventing any access controls, or use limits of the Services.

• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

• Attempt to gain unauthorized access to any portion or feature of our Services, a Tillamook Account, or any other systems or networks connected to the Services by hacking, password mining or spraying, or any other illegitimate means.

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.

• Impersonate or attempt to impersonate the Tillamook, a Tillamook employee, another user, or any other person or entity.

The Services may contain features or otherwise integrate AI systems. You authorize Tillamook and our service providers to store and use your input and any outputs for the purposes of providing you and improving the AI Services, enforcing the Terms and policies, and complying with applicable laws. You should review the output of such features accordingly and your use thereof is at your sole risk. Tillamook makes no representations or warranties and provides no indemnities with respect to output of such features.

3. TILLAMOOK ACCOUNTS

When you create a Tillamook user account for use on the Services, we ask you to provide your name, email address, and a password. Unless the law in your jurisdiction requires you to be older, you must be at least thirteen (13) years old to create a user account. You will not use a false name or create an account for anyone but yourself without permission. You will not create more than one user account. We may disable your account if we determine, in our sole discretion, that you have violated our policies, these Terms, or applicable law. You agree and understand that you are responsible for maintaining the confidentiality of your password. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, or unauthorized disclosure of your account information, you agree to notify us immediately through our Contact us page.

If you have created a Tillamook user account, you can access, update, and modify your personal information, including your password, by logging into your account or by contacting us.

4. THIRD-PARTY WEBSITES AND SERVICES

Our Services contains links to third-party websites and enable you to use or access third-party services. For example, when you check out of the online Tillamook Shop, all payment transactions for the sale of Tillamook goods are handled by the payment service providers which you may choose.

These third-party websites and services are governed by their own terms of use and privacy policies. Tillamook does not control, endorse, recommend, or otherwise accept responsibility for third-party websites or services. You are responsible for deciding if you want to access or use third-party websites or services and you accept the risk in doing so. If you have questions regarding the third-party websites or services, please direct them to the owner or operator. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

5. COMMUNICATIONS

You consent to receive communications from us electronically to the email address you provide. You agree that all notices, disclosures, and other communications that we deliver to your email address will satisfy any legal requirement that such communications be in writing.

Through the Services, or anytime you visit us, you may opt in to receive promotional messages to an email address or mobile number you provide to us. When you opt into any of these types of communications, you understand you will receive and consent to marketing, transactional, and other messages from Tillamook which may be sent by our marketing services providers. Messages may be sent using automated technology and message frequency varies. Your mobile carrier’s message and data rates may apply. Your consent or opt-in to promotional messages is not required to make any purchase or participate in Tillamook promotions.

Tillamook will use the personal information you provide to us in accordance with the Tillamook Privacy Policy, which is also where you can learn about managing your contact preferences or opting out of promotional messages.

6. TILLAMOOK ONLINE SHOP

The products displayed on the Services can be ordered and delivered only within the U.S. Unfortunately, we’re unable to ship to PO Boxes, A.P.O., DPO, or F.P.O addresses, or the US territories at this time. Tillamook products displayed on the Services may be available in select Tillamook locations or retail stores in the U.S. and certain foreign markets. All prices displayed on Tillamook are quoted in U.S. Dollars and are valid and effective only in the U.S.

Online orders containing perishable products are packaged in our warehouse, shipped cold with an insulated liner and ice pack to maintain optimal quality, and sent via an expedited delivery service. Orders containing both perishable and nonperishable products may ship separately. Although your cheese and ice pack may arrive slightly warmer, it should still be safe to eat, so long as it arrives on the expected delivery date. Once your order arrives on your doorstep, unpack, and put your cheese in the fridge to preserve its freshness.

If your order arrived with missing, incorrect, or damaged items, please contact our Consumer Relations team at 1-855-562-3568 or through our 'Contact Us' form so we can help make it right! The team is available 8am to 5pm Pacific time Monday through Thursday, and 8am to 12pm Friday. We aren't able to accept returns for a refund at this time, but if you're not pleased with your cheese (or merch), we'd love the chance to help make it right. Please feel free to reach out to our team via the channels listed above so we can learn more about your experience. Lastly, please note that we can't be responsible for damage or loss due to unavailable recipient, incorrect address, or theft. Sorry.

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates the Terms or our published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

7. SOCIAL MEDIA

From time to time, we may engage with you on social media channels. For example, Tillamook may reach out to you and ask for permission to use content you posted on social media channels including photography, videos, captions, and or related content. Unless you and Tillamook agree in writing to different terms, when you agree to allow Tillamook to use your social media content:

• Tillamook will have the worldwide and perpetual right, without payment to you, but not the obligation, to publish your social media content on the Services, in our physical locations, on social media channels, and on our partner or distributors digital properties in any form; and

• You represent and warrant that (1) you have the right to grant Tillamook the right to use your social media content as set forth in these Terms and such use by Tillamook will not violate the rights of any third party; and (2) any statements or testimonials that are included in your social media content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences

8. SOFTWARE

We grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use any downloadable software or apps we provide to use in accordance with these Terms and any additional terms that may apply. You have no rights to the proprietary downloadable software, apps, or documentation provided to you in order to access the Services. You may not sublicense, assign, or transfer any licenses granted by us, and any attempt at such sublicense, assignment or transfer will be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from the downloadable software or apps.

If the software or apps that you access or use is downloaded from a mobile app platform or app store:

• Both you and Tillamook acknowledge that the Terms are concluded between you and Tillamook only, and not with the provider of the app platform or store. The provider of the app platform or store is not responsible for the software, apps, or the Services or any related support, claims, or disputes.

• The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.

• You will only use the downloadable software or apps on a device you own.

• We acknowledge and agree that the provider of the app platform or store is a third-party beneficiary of these Terms, and that upon your acceptance of these Terms, such provider will have the right to enforce these Terms against you as the third-party beneficiary of the Terms.

• If necessary, the provider of the app platform or store grants you any rights needed to ordinarily use the software or apps.

9. REPRESENTATIONS AND WARRANTIES | INDEMNIFICATION

You represent, warrant and covenant that: (1) you are at least thirteen years old and (2) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Services. You hereby indemnify, defend and hold harmless Tillamook and all officers, directors, owners, affiliates, and licensors (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (1) any breach by you or any user of your Tillamook account of these Terms of Service or the foregoing representations, warranties and covenants; or (2) your gross negligence or willful misconduct. You must cooperate as fully as reasonably required in the defense of any such claim. Tillamook reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Your use of the Services and Content is at your own risk. We are not liable for inaccuracy, reliability, or errors in any Content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, OUR SERVICES AND CONTENT ARE PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT AVAILABILITY OR FUNCTIONALITY OF THE SERVICES OR THAT THEY WILL OPERATE IN AN ERROR FREE MANNER OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.

IN NO EVENT WILL TILLAMOOK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TILLAMOOK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TILLAMOOK PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Tillamook be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tillamook has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, Tillamook is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Services, Tillamook’s liability will in no event exceed the greater of (1) the total of any purchase of any goods on the Services paid in the six months prior to the date of the initial claim made against, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

11. DISPUTES | BINDING ARBITRATION AND CLASS ACTION WAIVER

You and Tillamook agree to arbitrate, and empower the arbitrator with the exclusive authority to resolve, all disputes between you and Tillamook, except (i) disputes relating to the enforcement of Tillamook’s intellectual property rights and (ii) disputes that meet the requirements to be heard in small claims court. “Disputes” include any dispute, action, or other controversy between us concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis, and includes the validity, enforceability or scope of the Terms, including disputes and any claim that all or any part of these Terms or this Section 11 are void or voidable. Our agreement to arbitrate shall be given the broadest possible meaning that will be enforced.

YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

The parties agree to keep the arbitration confidential, including the existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration. This information concerning the arbitration must not be disclosed to any third party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose arbitration confidential information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, enforce or challenge an award in bona fide legal proceedings.

In the event of a dispute, you or Tillamook must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below. We will send any notice of dispute to you at the contact information we have for you. You and Tillamook will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You must send any notice of dispute to: Attention: Legal/Arbitration Notice 4185 Highway 101 N, Tillamook, OR 97141.

If you and Tillamook do not resolve a dispute by informal negotiation or in small claims court, the dispute will be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds at any time that a claim was filed frivolously or in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

You or Tillamook may initiate arbitration in either Multnomah County, Oregon or the county in which you reside. In the event that you select the county of your residence, Tillamook may transfer the arbitration to Multnomah County, Oregon in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

WE AGREE THAT ALL PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. NEITHER YOU NOR TILLAMOOK WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to these Terms or the Tillamook that is not subject to arbitration will be filed, and that venue properly lies, only in the state or federal courts located in Portland, Oregon, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

These Terms are governed by and construed in accordance with the laws of the State of Oregon and the laws of the United States, without giving effect to any conflict of law principles (whether in the jurisdiction selected above or any other jurisdiction).

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

All provisions of this Dispute Section will survive termination of these Terms.