Last updated: February, 2023
And now a word from our lawyers:
Other sites linking to Our Web Properties are not endorsed by us, and we are not responsible for their content, unless the linking site is owned or provided by us. The content of other sites that are linked from Our Web Properties is the responsibility of the owner or maintainer of the linked site, and we do not sponsor or endorse the linked site. You should contact us with questions you have regarding whether we are the owner or provider of a linking site or of a linked site.
Unless otherwise specified, Our Web Properties are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Our Web Properties.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of Our Web Properties solely for your own noncommercial use. Any other use of materials on Our Web Properties, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of Our Web Properties, without our prior written permission is strictly prohibited.
Harassment in any manner or form on any of Our Web Properties, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Repetitive posting or spamming is prohibited. Impersonation of others, including a TCCA employee, host, or representative or other members or visitors on Our Web Properties is prohibited. You may not upload to, distribute, or otherwise publish through Our Web Properties any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise gives rise to liability or violates any law. You may not upload commercial content on Our Web Properties or use Our Web Properties to solicit others to join or become members of any other commercial online service or other organization. We may remove any content that we determine violates our policies or these Terms. Objectionable user-submitted content should be brought to our attention by contacting us. We do not review all user generated content. It is possible that you may encounter user generated content which may be offensive, unlawful, deceptive, misleading or inaccurate. We do not have any liability for content or information generated by others. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Our Web Properties. YOU WAIVE AND HOLD HARMLESS TCCA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TCCA AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TCCA AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The entire content included in Our Web Properties, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of TCCA. The collective work includes works that are licensed to us. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the " Marks") are trademarks or registered trademarks of and are proprietary to TCCA, or other respective owners that have granted TCCA the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (" DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notification must include ALL of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of your notice is the best way to help us locate content quickly);
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to: By Mail: Tillamook County Creamery Association Legal Dept./Infringement Notice 4185 Highway 101N Tillamook, OR 97141 By Email: Contact Us (Please include "Notice of Infringement" in the message.) See our Designation of Agent information on file with the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/list/a_agents.html
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
You understand that we may (a) transmit or distribute your user content over various public networks and in various media; and (b) make such changes to your user content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit us to take these actions.
You confirm and warrant to us that you have all the rights, power, and authority necessary to grant the above license.
Portions of Our Web Properties require that you create a user account. 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. If you create a username for your user account, we reserve the right to remove it if we determine that it is inappropriate. 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. If we disable your account you will not create another one without our permission. If you use a password for access, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access those portions of Our Web Properties requiring a 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, you agree to notify us immediately through our Contact us page.
If you have created a user account, you can access and update your personal information, including account information, cancel your account, or change your account password by logging into your user account or by contacting us.
You are responsible for deciding if you want to access or use third party apps or sites that link from Our Web Properties. If you allow a third party app or site to authenticate you or connect with your account on Our Web Properties, that app or site can access information on our site related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps -- use these at your own risk.
E-coupons must be redeemed at time of purchase. One E-coupon per purchase, per customer. Cash value 1/100 of one cent. E-coupons may not be exchanged, refunded, replaced, or redeemed for cash or payment of accounts. Normal and customary taxes, fees, shipping charges, and surcharges will apply. May not be combined with other coupons or any other discounts. Offer excludes previous purchases, purchase of gift certificates, shipping charges, and non-stock special orders. E-coupon promotion subject to termination at any time. These Terms are subject to change at any time without prior written notice.
Your use of Our Web Properties is at your own risk and we are not liable for inaccuracy or errors in any material on Our Web Properties. OUR WEB PROPERTIES 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 Our Web Properties or that they will operate in an error free manner or free from viruses, worms, or other harmful code. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Binding Arbitration and Class Action Waiver
You and TCCA agree to arbitrate all disputes between you and TCCA or its affiliates, except disputes relating to the enforcement of TCCA or its affiliates’ intellectual property rights. “ Dispute” includes any dispute, action or other controversy between you and us concerning Our Web Properties or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and TCCA empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or TCCA 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 TCCA 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 may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. You must send any notice of dispute to: Attention: Legal/Arbitration Notice 4185 Highway 101 N Tillamook, OR 97141.
If you and TCCA do not resolve a dispute by informal negotiation or in small claims court, the dispute shall 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. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial 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.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, TCCA will pay all filing, AAA, and arbitrator’s fees and expenses.
The arbitration will take place at any reasonable location convenient for you and TCCA.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor TCCA 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.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these Terms or the TCCA that is not subject to arbitration shall 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.
Choice of Law
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 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.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
At TCCA, the protection of the privacy of our online guests is important to us. This Policy seeks to describe the privacy you should expect while visiting Our Web Properties. While we cannot guarantee confidentiality or privacy, it is our objective to protect your privacy while visiting us online at Our Web Properties.
Some country laws require country specific information in a privacy statement. Please scroll to read that information for those countries.
As provided by the Federal Children's Online Privacy Protection Act of 1998, we will never knowingly collect personally identifiable information from anyone under the age of 13 without first obtaining parental consent. Any parent who believes that their child has disclosed personally identifiable information to us should contact us to request an investigation and deletion of their child’s personally identifiable information and prohibit its use.
Like most Internet sites, we collect certain information that your browser provides automatically, such as your browser version or referring page. This information is not regarded as personally identifiable information. This information does not tell anyone who you are or contain any other personally identifiable information.
COOKIES AND TRACKING TECHNOLOGY
We may use "cookies" or “Flash cookies” or “web beacons” or similar technologies in connection with our website. Most browsers have features enabling users to control whether to accept or decline a cookie and enabling users to delete cookies.
TCCA uses ONETRUST software to manage cookie setting preferences. The options available on the site include your ability to select “Accept All Cookies” for the full user experience on the site, “Reject” the cookies, where data will not be collected, or a “Cookie Settings”, where you can manage your consent preferences and specify what information is shared.
In addition, our website utilizes Google Analytics to collect analytics IDs to provide us with non-personal information about what portions of our website our users find useful and helpful. An analytics ID is a specific string of numbers and letters (often called a “character string”) that is assigned to your computer or device but does not name you. The analytics ID allows Google to track usage data of Our Web Properties, such as date and time of visit, duration of visit, website traffic patterns, “clickstreams,” other similar information about your use of Our Web Properties, the type of web browser used, the operating system/platform you are using, your IP address, the websites that referred or linked you to Our Web Properties, and your CPU speed. Google Analytics does not share the analytics ID assigned to your computer or device that you use to access and use Our Web Properties. Google Analytics provides information about the use of Our Web Properties to us in aggregate form (i.e., data about many users combined and not just about you). Some of this data might include the regional location of users, but again, this data will be in aggregate (and not individual) form. This information is used to help us improve our site and your browsing experience by, for example, providing us with feedback on what portions of our site or our content are used, and what portions are not used. We may share this information in aggregated form with third parties.
The information collected by Google Analytics is normally transmitted to a Google server in the USA and stored there. Google may disclose the information collected to third parties in accordance with their standard practices. Additional information about Google’s practices is available at policies.google.com/privacy.
Personal Information Collected
Personally identifiable information is information that allows you to be identified or contacted individually, including your name, email address, phone number, physical address or mailing address. Except for content available only for users who have established a user account (such as for the Tillamook Shop site), we do not require you to submit personally identifiable information to use Our Web Properties. Our Web Properties do not collect any personally identifiable information from you unless you provide it.
Depending on how you use Our Web Properties, we may collect the following types of personal information:
Mailing address, including zip code;
Credit card information;
In the past 12 months, we have collected each type of personal information listed above.
Many of the services on Our Web Properties require you to provide us with personal information. If you do not wish for us to obtain your personally identifiable information, please do not submit it to us. Some portions or features of Our Web Properties may not be available, however, unless you do provide the necessary personally identifiable information.
If we collect any personally identifiable information, such as your name, address, phone number, or email address, it is only with your knowledge or consent. We might collect personal information in the following circumstances:
Email or newsletter sign up: You may subscribe to emails or other communications from us.
Blogging: You may post comments on our blog page or submit content to be used on our blog.
Testimonials: You may post a testimonial.
Promotions, Contests, Sweepstakes and Coupons: You may enter a promotion, contest or sweepstakes that we sponsor or sign up to receive online coupons from us.
Social Media: When you participate in social media or other community portions of Our Web Properties, you may submit information and content, such as a recipe, rating, picture, comments, etc. to the site and the content of your submission will be publicly available.
Shipping: We may need your mailing address so that we can ship items to you.
Online Account: You may create an online account, and provide us with certain personal information.
Online Shop: To buy from us, you must provide contact information, including your name and shipping address, and financial information, including your credit card data.
Job Applications: You may be required to provide certain information to apply for a job with us.
Other features: We may provide other features that allow you, or require you, to submit or post information in order to access or use that feature.
USE OF PERSONAL INFORMATION
Information Use, Sharing, and Disclosure
We will not license, sell, rent or share your personally identifiable information with any third party without your consent, except as set forth in this policy.
Personal information you provide us may be used by us as follows:
When you submit information with us to place an order, that information is only used for billing purposes and to fill your orders. Wherever we collect sensitive information like credit card data, that information is encrypted and securely sent to our third party payment processor to process payments made to us. We do not retain, share, store, or use this information beyond filling your order. Currently, our payment processor is Shopify.
We may use information you provide to us to provide the services and customer support you request, resolve disputes, troubleshoot problems and generally assist us in operating our business to continue to provide premium products and services to consumers.
If you submit an inquiry or comments, the personally identifiable information you provide us may be used to provide you with a response or to otherwise contact you.
In response to legal requirements such as properly served law enforcement demands, court orders, subpoenas and the like.
If the information is submitted in connection with a contest, the information will be used by us to contact you if you are a winner.
For online and offline marketing, unless you opt out. This means, that you will be given an option when receiving marketing or advertising material by email or regular mail to opt out from receiving further such communications. You may also opt-out by. Some requests to opt-out may take some time to process and, because some communications are often prepared well in advance, a request may not become immediately effective for all communications.
We may use information you provide to us to send you information or to invite you to communicate with us, including updates, promotions and other information about us.
If you provide personal information to us in the context of a job application we may use that information to manage our employment and recruiting process.
We may use certain pieces of personal information provided to us, including provided to us over the phone to our customer service department, in personnel training and evaluation.
We may use personal information in connection with a sale, merger, or reorganization of our business, including that we may provide personal information to a buyer or successor to our business.
We may internally use your personally identifiable information in order to establish and verify your identity if you submit information to us.
Provide services and support to visitors to Our Web Properties, improve Our Web Properties and tailor them to your preferences, and maintain the security and integrity of our systems.
We treat data as an asset that must be protected and use standard industry procedures to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
We employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance for promotions and order fulfillment, providing search results and links (including paid listings and links), investigating fraud, and providing customer service. They have access to only the personal information needed to perform their functions, but may not use it for other purposes and have agreed to protect the information from disclosure.
Other than as described in this policy, we will not disclose your personally identifiable information to any third parties without your permission unless required by law to do so, and we will provide you with the intended use of the information before you give us permission to share your personally identifiable information with third parties.
DO NOT TRACK
Our Web Properties do not currently have the capabilities to recognize the various Do Not Track signals from different web browsers. For more information on Do Not Track please visit: http://www.allaboutdnt.org/.
CALIFORNIA PRIVACY RIGHTS
We do not sell any personal information and have not previously sold any personal information.
If you are a California resident, you also have the right to request that we disclose to you the personal information we have collected from you, and you have the right to request that we delete the personal information we have collected from you. If you wish to make a request for disclosure to you of the personal information we have collected from you, or the deletion of the personal information we have collected from you, please submit a written request to the address below. In your request, please specify that you want a "CCPA Information Request," specify whether you are requesting disclosure or deletion, or both, and include your full name, phone number, email address and residential address. Note that even after you ask us to delete your information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files. This residual information is retained to preserve the integrity of our backed-up files and for business continuity purposes. We may also anonymize and aggregate information in response to a request.
Upon receipt of a request with the necessary information from you, we will search our records to determine whether or not we have collected any of your personal information. If you request disclosure or deletion, or both, we will comply with your request. We will confirm receipt of your request within 10 days. If we need additional information to verify your identity, we will notify you. Please allow 45 days for a response. If we cannot comply with your request for any reason within that 45 day period, we will notify you.
You can submit your request by calling our toll free number, 1-855-562-3568, by completing and submitting our Privacy webform found HERE or by writing to us at the following address: Tillamook County Creamery Association Attention: California Privacy Rights 4185 Highway101N Tillamook, OR 97141. You may authorize an agent to act on your behalf to exercise any of the applicable rights. If you are an authorized agent acting on behalf of a California resident, we may ask for reasonable documentation recognizing that you are so authorized. Please note that with regard to all these rights, we reserve the right to: (a) verify your identity in order to process the request, or request further information for this purpose; (b) refuse your request based on the exemptions set out in any applicable data protection laws; (c) charge you a reasonable administrative fee for any repetitive, manifestly unfounded, or excessive requests.
If you are a minor under 18 and have a profile on Our Web Properties, you may ask us to remove reviews or other content that you posted on the site by contacting us. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.
We will not discriminate against you because you have exercised any of your privacy rights under the California Consumer Privacy Act.
Whew! You made it to the end! We hope you found what you are looking for, but if not, please feel free to contact us at any time. Thanks for stopping by!