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Tropik Sun Fruit & Nut® Web Site Terms and Conditions of Use

Welcome to the Tropik Sun Fruit & Nut® Web site. By using the Tropik Sun Fruit & Nut® web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Tropik Sun Fruit & Nut® web site.

Tropik Sun Fruit & Nut® reserves the right to make changes to the Tropik Sun Fruit & Nut® web site and its conditions of use at any time. Each time you use the Tropik Sun Fruit & Nut® web site, you should visit and review the then current conditions of use and privacy policy that apply to your transactions and use of this site. If you are dissatisfied with the Tropik Sun Fruit & Nut® web site, its content or conditions of use and legal notices, you agree that your sole and exclusive remedy is to discontinue using the Tropik Sun Fruit & Nut® web site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Disclaimers and Limitation of Liability:
By using the Tropik Sun Fruit & Nut® web site, you expressly agree that use of the Tropik Sun Fruit & Nut® Web site is at your sole risk. The Tropik Sun Fruit & Nut® web site is provided on an "AS IS" and "AS AVAILABLE" basis. Neither Tropik Sun Fruit & Nut® nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the site will be uninterrupted or error-free. Under no circumstances shall Tropik Sun Fruit & Nut® or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Tropik Sun Fruit & Nut® web site, including but not limited to reliance by you on any information obtained from the Tropik Sun Fruit & Nut® web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Tropik Sun Fruit & Nut® has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Tropik Sun Fruit & Nut® web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

By using this web site, you are agreeing to the conditions, terms and stipulations of the paragraphs above and this paragraph. As above, these terms are subject to change at any point in time. As such, please check them frequently, since they govern your use of this web site. Your permission and use of this web site and these terms will be governed by the internal laws of the State of Illinois. Any dispute or claim in connection with this web site or your use of it will be brought in the State or federal courts of Chicago, Illinois. You agree to jurisdiction and venue in such courts.

By using this Web site you agree that in the event of any controversy or dispute arising with respect to your use of this site shall be settled in accordance with the prevailing rules of the American Arbitration Association ("AAA") and such arbitration shall be determined by the Chicago Division of the AAA.

Intended for Users Over 14:
The Tropik Sun Fruit & Nut® web site is intended for use by individuals 14 years of age or older. The Tropik Sun Fruit & Nut® Web site is not directed for use by children under the age of 14. Users under the age of 14 should get the assistance of a parent or guardian to use this site.

Product Display/Colors:
The Tropik Sun Fruit & Nut® web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends on several factors, in part, upon the type of monitor you are using and how it has been calibrated.

Errors on Our Site:
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Tropik Sun Fruit & Nut® reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tropik Sun Fruit & Nut® will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Pricing Policy:
Online prices and selection generally match those in our stores, but prices may vary. Prices and offers are subject to change.

Sales Tax Policy:
Tropik Sun Fruit & Nut® collects and remits sales tax as required by U.S. law, for transactions shipping to locations inside of the state of Illinois.

Validating Your Order:
After you place an order using our shopping cart, PayPal will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation:
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Tropik Sun Fruit & Nut® Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy:
Our policy is that all sales are final and our items are non-returnable due to the nature of what we are selling.  Because we are selling a food-product, we have to ensure the upmost quality and safety.  Therefore, if an item is returned to us, it is not something we would place back into stock and resell.  However, our goal is for you to be 100% happy with your order and to shop with us for all of your snacking needs.  If for some reason you are not satisfied with our products or service, please don't hesitate to contact us.  We truly do care about our customers and we will do what we can to make sure you are satisfied.

Order Limitations:
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, or to substitute tin patterns/designs without giving any reason. In order to provide our customers with the highest-quality product possible, we may contact you to arrange a substitution if your order contains chocolate-coated items, particularly in summer months or if shipping to a very warm climate.  For orders of 4 or more Tins there will typically be a 2-week lead time required.  If we reject your order, we will generally attempt to notify you using the e-mail address or telephone you provided when you placed your order.

Shipping:
All orders placed on this site are subject to product availability and will be shipped according to Tropik Sun Fruit & Nut®’s shipping policies.  In the very rare event that your order never arrives, notification of lost items must be received within 21 days from receipt of the shipping confirmation e-mail.  Please be advised that orders containing chocolate-coated items may be flagged for additional shipping expense if the order is shipping to a warm climate.  If this affects your order, we will contact you using your email address and/or telephone number you provided during checkout.  Please review our shipping information page for additional information on shipping times and policies.

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All Contents Copyright © 2010 Diversifoods, Inc. d/b/a Tropik Sun Fruit & Nut ® All rights reserved.  Access and use of this site is subject to our terms of use.

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