The following Terms govern the use of the Cromers.com Web site and apply to all Internet traffic visiting the Web site. By accessing or using this Web site, you agree to these Terms.

 

Welcome to the Cromers.com Web site (the “Web site”).  Please read these Terms of Use (the “Terms”) carefully before continuing on with your use of this Web site. This Web site and information on it is controlled by Cromer’s P-Nuts, Inc. (Cromers), which is the owner of Cromers.com.  Please see our Web site Privacy Policy for further information.  These Terms shall govern the use of the Web site and apply to all Internet traffic visiting the Web site. By accessing or using this Web site, you agree to the Terms. The Terms are meant to protect all of our Web site visitors and your use of this Web site signifies your agreement with these Terms.  Cromers reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time.  Such modifications shall be effective immediately upon posting.  By using this Web site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

 

PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review our full Privacy Policy.

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web site is controlled and operated by Cromer’s P-Nuts, Inc., 1700 Huger Street, Columbia, South Carolina 29201. All content on this Web site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Cromers or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Cromers.  Content on this Web site or any Web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use.  You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Cromers or the Providers.  You may request consent by faxing a request to Cromers at (803) 779-0731. Without the prior written consent of Cromers or the Providers, your modification of the content, use of the content on any other Web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Cromers Web site and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited.  As a condition to your use of this Web site, you warrant to Cromers that you will not use our Web site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.  If you violate any of these Terms, your permission to use our Web site immediately terminates without the necessity of any notice. Cromers retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.  You may not use on your Web site any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or phrases, without the express written consent of the owner of the mark or copyright.  You may not frame or otherwise incorporate into another Web site any of the content or other materials on this Web site without prior written consent of Cromers.

 

LINKS

This Web site may contain links to other Web sites ("Linked Sites").  The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk.  The content of any Linked Sites is not under Cromers’ control, and Cromers is not responsible for, and does not endorse, such content, whether or not Cromers is affiliated with the owners of such Linked Sites.  You may not establish a hyperlink to this Web site or provide any links that state or imply any sponsorship or endorsement of your Web site by Cromers, or its affiliates or Providers unless given expressed written permission by the owner.

 

DISCLAIMER OF WARRANTIES AND LIABILITY

All content on this Web site is provided “as is” and without warranties of any kind either express or implied.  Other than those warranties, which under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Cromers disclaims any and all warranties of merchantability and fitness for a particular purpose.  Neither Cromers, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this Web site warrant that the functions contained in this Web site will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components.  The content that you access on this Web site is provided solely for your convenience and information only. Cromers does not warrant or make any representations regarding the results that may be obtained from the use of this Web site, or as to the reliability, accuracy or currency or currency of any information content, service and/or merchandise acquired pursuant to your use of this Web site.

 

You expressly agree that use of this Web site is at your sole risk.  You (and not Cromers) assume the entire cost of all necessary servicing, repair or correction of your system.  You expressly agree that neither Cromers, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Web site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this Web site or any other linked site.  By way of example, and without limiting the generality of the foregoing, Cromers and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Web site. You expressly acknowledge and agree that Cromers is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Cromers’ liability is limited to the greatest extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cromers and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

 

THIRD PARTY RIGHTS

These Terms are for the benefit of Cromers and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

 

JURISDICTIONAL ISSUES

Unless otherwise specified, the content contained in this Web site is presented solely for your convenience and/or information.  This Web site is controlled and operated by Cromers from its offices in Columbia, South Carolina.  Cromers makes no representation that content in its Web site is appropriate or available for use in other locations.  Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You may not use or export the materials in this Web site in violation of U.S. export laws and regulations.  These Terms shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, as they are applied to agreements entered into and to be performed entirely within such State.  Any action you, any third party or Cromers, brings to enforce these Terms, or in connection with any matters related to this Web site, shall be brought only in either the state or Federal courts located in South Carolina and you expressly consent to the jurisdiction of said courts.  If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Cromers, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

 

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CROMER’S P-NUTS, INC.

 

PRIVACY POLICY

CROMER’S P-NUTS, INC. (Cromers) has created this Privacy Policy as part of our firm commitment to your privacy. The following summarizes the various ways that we gather, protect and disseminate the information you provide while using the Cromers.com web site (the “Web Site”) and the services offered on the Web Site (the “Services”).  We may need to change this Privacy Policy from time to time in order to address new issues and reflect changes on our Web Site. All changes will be posted here.

 

This Privacy Policy is incorporated into and is subject to the Cromers.com Terms of Use. Your use of the Web Site and any personal information you provide on the Web Site remain subject to the terms of this Privacy Policy and the Terms of Use.

 

Cromers has established registration and sign-in procedures which, in conjunction with this Privacy Policy, help ensure the privacy of information provided to Cromers by its visitors and customers while using the Web Site. You should be aware that this Privacy Policy applies only to the Web Site, and not to any other web sites you may visit before or after the Web Site.

 

When you visit our Web Site, you may provide us with two types of information: personal information you knowingly choose to disclose, and information that we automatically collect as you browse our Web Site.

 

INFORMATION YOU VOLUNTARILY SUBMIT

How We Collect Information.  We may collect and store any information you enter on our Web Site or provide to us in offline contacts we have with you. Information may be collected on our Web Site via registration forms, order forms, surveys, employment applications and emails.  Please remember that any information that you voluntarily disclose in publicly-accessible areas of the Web Site becomes public information.  You should exercise caution when deciding to disclose your personally identifiable information in those areas.

 

Types of Information We Collect. When you make a purchase, we need to collect certain information about you in order to complete the transaction.  This information may include, but not be limited to: your name, email address, home and/or business address, telephone numbers, age, and method of payment (credit card and expiration date).  We will also record information about the details your purchase (e.g. what you purchased, quantity and other information related to the purchase).

 

How We Use Your Information.  We strive to ensure that we give you a stress-free purchase experience and are dedicated to building a rewarding and lasting relationship with every customer. In order to provide the level of service we believe you expect from us, we may use your personally identifiable information for the following purposes: (i) to provide the Services and offerings that you request, and to communicate with you regarding such Services and offerings; (ii) to do all things necessary to administer those Services; (iii) to research, develop, manage, protect and improve our Web Site and Services; and (iv) to analyze data, or to have a third party do so on our behalf.

 

We also use your personally identifiable information for other purposes. For example, such information may be used to process and track your transactions and to send you information about our products and services and other information and materials that may be of interest to you. If you use our Web Site, information may also be used to evaluate what portions of our Web Site are visited more often than others, determine where visitors came from, where they go, and how long they stay on a particular page, or on our Web Site in general.

 

Other Sources of Information.  We may match information collected from you through different means or at different times, including, for example, information collected online and offline, and use such information along with information obtained from other sources, including third parties. To do this, it is often necessary to share this information with carefully selected vendors and business partners we work with, such as companies that manage accounts, offer affinity, frequent-user, and reward programs, and companies that perform marketing services and other business operations for us.

 

Disclosure of Information to Others.  We may disclose your personally identifiable information to affiliated and non-affiliated organizations including, for example: (i) to your company or organization if you use our Services under a corporate or other commercial account; (ii) to entities that provide services on our behalf; (iii) to Paypal or other payment processors; (iv) to credit reporting and fraud checking agencies; (v) to debt collection agencies, if you fail to pay monies owed to us; and (vi) to government, regulatory and law enforcement agencies where the disclosure is required or authorized by law.

 

Information Disclosed to Credit Card Processors.  When you make a purchase, you will be required to provide a valid credit card number and expiration date.  We do not disclose your credit card information, but we do use your credit card information to charge you for the purchase.  Credit card transactions are handled by ____________ or other third party financial institutions who receive credit card numbers and other personal information from us to verify the credit card numbers and process transactions.  We process transactions through third party providers who support Payment Card Industry (PCI) Data Security Standard compliance.

 

Other Uses.  We may use personal information you voluntarily submit to communicate with you if and when necessary in connection with your use of our Web Site, to respond to your questions, or to send you material and information you request. For example, we may use your information to personalize your Web Site experience and to allow us to deliver the type of content and product information in which you are most interested, register you for an event, contest or sweepstakes, if you request it, or provide you with e-mail messages and other information regarding upcoming events, new services and general information about our products and services. (NOTE: You may elect not to receive these communications, either when you initially register at our Web Site, or at any time thereafter. See the section of this Privacy Statement called "Choice/Opt Out.")

 

INFORMATION COLLECTED AND STORED AUTOMATICALLY

When you browse our Web Site, you and your Web browser may also transmit information that we automatically collect. We may log your IP address (the Internet address of your computer), the Web pages you visit and the time of your visit, and other click-stream data. This information may be combined with other personal information you have provided. The only other type of information automatically provided to us is the type of computer, operating system and browser you are using. This information is provided by your browser, which we use to improve the performance of our Web Site.

 

We may also place small data files, called "cookies," in the browser file of your computer's hard drive. These cookies automatically identify your browser to our server whenever you interact with the Web Site. We use the cookies to record Web Site statistics. Most browsers automatically accept the cookies, but you usually can change your browser setting to prevent the acceptance of cookies. Certain Web pages may not function properly if you choose not to accept cookies.

 

We may use this information in order to help diagnose problems with our Web Site. We may also use the information we collect to analyze statistical use patterns and demographic data (basically, where our visitors come from and what demographic characteristics they have) and to diagnose problems or improve our Web Site to better serve our customers. We may also prepare and keep statistical records and other data about you and other users of our Web Site, but we do that in a way that does not identify you or any other user personally. We may hire third parties to help us collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make our Web Site more useful to visitors -- to learn about the number of visitors to our Web Site, what part of the Web Site they are interested in, how long the use the Web Site, and the types of technology our visitors use.

 

LIMITATION ON DISCLOSING YOUR PERSONAL INFORMATION TO OTHERS

Except in the limited circumstances stated above, we do not sell, rent, license, trade or otherwise disclose the personal information of our Web Site visitors to unaffiliated third parties.

 

SECURITY

Since we are committed to your privacy and security, we have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. When you place an order or access your personal information, we offer the use of a secure server. Once we receive your transmission, we use our best efforts to ensure its security on our systems.

 

CHILDREN

Although this Web Site is not intended to be used by children under age 13, we fully support protecting the privacy needs of children and encourage parents to actively participate in their children’s online activities and interests. For information about the Children’s Online Privacy Protection Act, visit the Federal Trade Commission web site: www.ftc.gov.

 

CHANGES IN POLICY

By using our Web Site, you consent to our collection and the use of your personal information as described in this Privacy Policy. If we change our privacy and procedures, we will post these changes on our Web Site. You have the opportunity to review privacy policy each time you use the Web Site so that you are aware of any modifications made to these policies.

 

CHOICE/OPT OUT

Our Web Site provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor. You have the following options for reviewing or removing your information from our database to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for recordkeeping and servicing.

 

You can send e-mail to: mail@Cromers.com   

 

You can send mail to the following postal address:

 

Privacy Policy

Cromer’s P-Nuts, Inc.

Attn: _______________

1700 Huger Street

Columbia, South Carolina 29201

 

Please note that due to e-mail production schedules, you may receive an e-mail message from us after you have provided your opt-out notice.

 

SPAMMING

We, and our users, do not tolerate spam. Make sure to set your CROMERS notification preferences so we communicate with you as you prefer. You are not licensed to add other CROMERS users to your mail list (email or physical mail) without their express consent. You may not use our communication tools to send spam or otherwise send content that would violate the Terms of Use.

 

NO GUARANTEES

While this Privacy Policy states our standards for maintenance of data and we will make efforts to meet them, we are not in a position to guarantee these standards.  You should not expect that your personal information or private communications will always remain private. There may be factors beyond our control that may result in disclosure of data.  As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of data.

 

AGREEMENT

By using this Web Site, you are agreeing to the terms of this Privacy Policy, as posted in this area of the Web Site. This Privacy Policy is incorporated into and subject to the terms of the Terms of Use. This Privacy Policy is effective upon acceptance in registration for new registering users. If you do not agree with any terms or practices described in this Privacy Policy, please do not use our Web Site.

 

INTERNATIONAL USERS

The Web Site is hosted in the United States and is intended for and directed to users who make purchases in the United States and Canada. If you are accessing the Web Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Web Site, which is governed by U.S. law, this Privacy Policy, and our Terms and Conditions, you are transferring your personal information to the United States and you consent to that transfer.

 

QUESTIONS ABOUT OUR PRIVACY POLICY

If you have questions about our Web Site and our privacy policy or disclaimer, please feel free to contact: customerservice@cromers.com.

 

EFFECTIVE DATE

The effective date of this Privacy Policy is January 1, 2010