Terms and Conditions

This website belongs to and is brought to you by Arla Foods amba (“Arla” or “Arla Foods”). If you have any comments or queries, please contact us at usa@arlafoods.com or by writing to us at Arla Foods Inc, 645 Martinsville road, P.O. box 624, Basking Ridge, NJ 07920-0624, USA.
You are invited to use the www.castellocheeseusa.com website (“the Website”) subject to the following terms and conditions of use (“Terms of Use”).

1. Agreement to be Bound

By entering and using the Website you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not enter or use the Website. Your use of this Website constitutes your agreement with Arla to be bound by, and to act in accordance with, these Terms of Use.

Arla Foods may modify these Terms of Use from time to time. Your continued use of this Website (or any of Arla Foods’ other websites) following such change demonstrates your agreement to be bound by the modified Terms of Use.

We advise you to check the Terms of Use often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Website and all other Arla Foods websites. Your use of the Website reaffirms your continuing agreement to the then-current Terms of Use.

2. Accuracy of Content

Arla Foods makes efforts to ensure that the content of the Website is accurate and up-to-date, but 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, Arla 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. Arla 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. Arla undertakes no obligation to verify or maintain the currency of such information.

Arla Foods may remove material from the Website at its own discretion and without giving any notice.

Any information offered in relation to the nutritional content or health benefits of any of the Arla Foods products or in relation to other medical issues is general in nature. It is not a substitute for medical advice and it should not be relied upon. You should raise specific questions with your doctor. If you choose to rely on such information you do so entirely at your own risk and (subject to applicable laws) Arla Foods cannot be held responsible for the outcome.

3. Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Website content, software and all HTML and other code contained in this Website, shall remain at all times vested in Arla Foods and/or its licensors and is protected by copyright and other laws and international treaty provisions.

Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, make available to the public, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the Website from time to time without first obtaining permission to do so from Arla Foods in writing.

The Website and its content are protected by copyright, database right and other intellectual property rights, all of which are owned by Arla Foods unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.

Certain trademarks appearing on the Website are identified either by the symbol ® or by the symbol TM. All trademarks appearing on the Website are either owned by Arla Foods or are used by Arla Foods with permission from the trademark owner.

If you wish to obtain permission to make use of any of the trademarks or other material, which may be displayed on the Website from time to time, please contact Tove Graulund at trademarks@arlafoods.com.

4. Prohibition on Commercial Use of Website Content

You are permitted to use the material, which is displayed on the Website only as expressly authorized by Arla Foods or its licensors.

This Website is intended to provide information relating to Arla Foods products and the Website is designed for personal, non-commercial use only.

Users may not use this Website, or any of the material appearing on the Website to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other website.

5. Linking

Arla Foods may from time to time include links on this Website to other websites or resources operated by parties other than Arla Foods. These links are provided for the convenience of users and Arla Foods is not responsible for the availability of such external websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external websites. The linked sites may not be under the control of Arla and Arla is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Arla is not responsible for webcasting or any other form of transmission received from any linked site. Arla is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Arla to, or an endorsement by Arla of, the linked site or any products or services which may be offered there.

You are strongly advised to check the terms and conditions of use and the privacy policies of these external websites before entering or making use of them.

If you wish to create a hyperlink to this Website or to any other website operated or maintained by Arla Foods please contact chge@arlafoods.com. Arla Foods generally welcomes links to its websites. However, by so linking, you agree that Arla Foods may require the link to be removed if, in Arla Foods’ sole opinion, any aspect of the linking website, its content or any other matter relating to the link is objectionable to Arla Foods.

6. Operation of Website—Disclaimer

Arla 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 Website, Arla 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. Arla makes no warranty that (i) the operation of the Website will meet the user’s requirements; (ii) access to the Website 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 Website will be accurate or reliable; or (iv) defects will be corrected. You (and not Arla) 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.

7. Limitation of Liability

Under no circumstances shall Arla 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 Website or any materials in this 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 website or information available in the Website. Arla shall not be liable even if Arla or a Arla 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.

8. Exclusions of Warranties

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 Arla’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 this site.

9. Privacy Policy

Arla Foods (“Arla”) cares about your privacy. This Privacy Policy outlines the type of Personal Information that is collected by Arla from consumers and how we use and protect it. This Policy also tells you what to do if you do not want your Personal Information used for marketing purposes, and how you can change information you have already provided to us. This Policy applies to consumer-directed websites which link to this policy, including the ones listed here, and to Arla’s collection of data through printed promotional materials such as sweepstakes entry forms, coupons or other mail-in offers and telephone calls to Arla’s consumer services department. It does not apply to banners, sweepstakes or promotions sponsored by third parties in which Arla participates.

Your Consent to This Privacy Policy

By providing Arla with Personal Information, you signify that you agree with the terms of our current Privacy Policy as posted here. If you do not agree with any term in this Policy, please do not provide any Personal Information.

If you choose not to provide Personal Information, you may not be able to do certain things, like access particular areas of our websites, enter sweepstakes or contests, request samples, or send us e-mail.

Collection of Personal Information

As used in this Privacy Policy, “Personal Information” means personally identifiable information such as your name, street address, telephone number, credit card information, screen name and email address.

When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Privacy Policy, which includes your right to limit our use of your Personal Information (see Who to Contact).

We may also collect Personal Information from you about a third party (e.g., a website might allow you to send an electronic “post card” to a friend, in which case we will need that person’s name and e-mail address). Please note that we use such information only for the specified purpose (e.g., to mail the post card) and we will not contact the third party again unless and until the third party contacts us.

How We Use Your Information

When you supply us with your Personal Information we will use it for the express purpose for which it was collected (e.g., to enter you in a sweepstakes or to send you a sample). It may also be used by the brand responsible for the website or promotion, as well as by our other brands, to contact you regarding other products and services which may be of interest to you (including those we may offer jointly with other companies). At any time, however, you may opt out of such contact. (See Who to Contact)

At times we may retain third parties to analyze data we collect, including Personal Information, to help us improve our products and our web sites. In addition, if you order a product or service from us, we may provide Personal Information to suppliers and other third parties to enable delivery of such product or service. These third parties, including suppliers, are not authorized by us to use your Personal Information in any other way. Arla does not sell Personal Information.

We may supplement the information that you provide to us with other information that we receive from third parties. We do this for marketing purposes in order to provide the most appropriate products and services to meet your needs.

We may also transfer, sell or assign your Personal Information to any entity to which we divest all or a portion of our business (for example, in connection with our sale of a brand), to the extent that you provided such information to the specific portion of our business (or brand) that is being divested, or otherwise in connection with a merger, consolidation, change in control, reorganization or liquidation of all or a portion of our business.

Finally, please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order.

Other Information We May Collect Online

Other information that we may collect online, via Arla websites, e-mail promotions and banners, for example, is described in this section.

You may have heard of “cookies,” which are files or pieces of information that are stored by your browser on your computer’s hard drive. Arla may use cookies to collect other information during your visit to our web site, such as the particular site areas you visit and the products or services you buy through our web site. We collect this information to better tailor our site and our products to your interests and needs. Cookies may also be used to help speed up your future activities at our sites. For example, a site can recognize that you have provided Personal Information to us and refrain from requesting the same information a second time.

Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. Refusal of cookies at the site you entered may result in an inability to visit certain areas of the site or to receive personalized information when you visit the site.

In addition, we are constantly trying to improve how we promote our web sites. To help us do this, we may measure the effectiveness of our web presence by determining what you clicked on to get to our site.

Site measurement statistics may be used to personalize your web site experience, as well as to evaluate – anonymously and in the aggregate – statistics about usage of the web site. Information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using and the type of computer operating system you are using may also be collected and linked to your Personal Information. This is to ensure that our web sites present the best web experience for visitors, and that they are an effective information resource.

Finally, some of the pages you visit may use pixel tags (also called clear gifs) to collect information about your navigation on our websites. This information is used to evaluate and enhance how the websites function.

Privacy of Children Online

Arla is committed to protecting the online privacy of children and making the Internet safe for our users. The statements in this Policy generally about our collection and use of Personal Information also apply to our treatment of personal information from children under the age of thirteen, with the added protection of the special rules that follow. We encourage parents of children under 13 to regularly check and monitor their children’s use of e-mail and other activities on line.

Arla does not collect personal information from children under 13, except from time to time at certain sites that are directed to children. Arla handles this information in accordance with the Children’s Online Privacy Protection Act (COPPA):

If your child provides us with online contact information (e.g., an e-mail address) solely so that we may respond more than once to a specific request (e.g., sending an on-line newsletter) and for no other purpose, then we will notify you via e-mail that this information has been provided to us. You have the right, as will be outlined in our notification and as set forth below (see Who to Contact), to ask that we not use your child’s online contact information for this purpose.

Before your child provides us with Personal Information beyond online contact information (e.g., a street address, phone number, etc.), or if we wish to use Personal Information for purposes other than responding more than once to a specific request, then we will contact you by e-mail and will require your signed permission, sent by real world mail, before we collect and use such information.

If the information provided by your child is online contact information only (e.g., an e-mail address), and it is to be used to respond on a one-time basis to a specific request (e.g., to answer a question about one of our products), and thereafter it is deleted from our records, then we will not notify you.

Security of Information

We take reasonable precautions to keep your Personal Information secure. All personally identifiable information is subject to restricted access to prevent unauthorized access, modification or misuse.

Changes in Our Policy

Arla reserves the right to change or remove this Privacy Policy at our discretion. We will post any new policy here and we encourage you to visit this area frequently to stay informed.

Who to Contact

Please write to us at chge@arlafoods.com or call us at +45 3396 9200 if you have any comments or questions about this Privacy Policy or to report any violations of the Privacy Policy. We will respond to you within 48 to 72 hours in most cases. For other requests, please choose among the following options:

If you don’t want to be contacted in the future or would like us to correct or update your Personal Information in our records, please contact us as indicated above.

If you would like to correct or update Personal Information that your child has sent us through a Arla site which is directed at children, or if you don’t want your child to be contacted in the future, please contact us as indicated above.

Arla will take reasonable steps to comply with the foregoing requests.

Again, Arla is committed to protecting your privacy. Please do not hesitate to contact us if you have any questions, comments or concerns about this Privacy Policy.

10. Submissions

All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Arla through this Website will become and remain the exclusive property of Arla, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Arla’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Arla has no obligation to keep your submissions confidential.

11. Geographic Scope

The portion of this Website you have accessed is applicable to consumers in the United States of America. Unless otherwise specified on or by this Website, this portion of the Website is intended to promote only those Arla products that are sold by Arla in the United States and its territories, and Arla 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.

12. Postings

Arla may from time to time monitor or review discussions, chats, postings, and other transmissions on this Website. However, Arla is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Arla will fully cooperate with any law enforcement authorities or court order requesting or directing Arla to disclose the identity of anyone posting any such information or materials. Arla may also disclose such information if it has a good
faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Arla, its customers or the public.

13. Availability of Help

This Website may provide a Help file or other instructions for the use of this site. However, you understand that Arla is under no obligation to provide any support for the use of the Website.

14. Governing 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 New York, 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 New York or the United States District Court for the Southern District of New York, and you hereby accept and submit to the personal jurisdiction of these New York 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.

15. 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.

16. No Waiver

No failure on the part of Arla to enforce any part of these Terms of Use shall constitute a waiver of any of Arla’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 Arla nor the reliance of any person on Arla’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 Arla shall have any legal effect whatsoever.