IMPORTANT! PLEASE READ CAREFULLY. By using and/or visiting our websites, including www.midwestdairy.com, www.midwestdairycheckoff.com, and www.midwestdairy.org, and any associated content including email feeds, feeds through apps or social media, or other content (including but not limited to, all information, educational resources, documents, communications, files, text, and graphics available through the websites) provided by Midwest Dairy Association (collectively the “Service”), You accept and agree to these Terms. These Terms constitute a legal agreement between you and Midwest Dairy and spell out the terms and conditions to which you must adhere. If you do not agree to abide by these Terms, do not use the Service.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT MIDWEST DAIRY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE Terms. We may change these Terms at any time. Please review the Terms each time you visit the Service. If we have your email address, we will notify you of material changes to the Terms via email. If we do not have your email address, we will update this page to reflect any changes to the Terms.
These Terms include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by you, in Sections 1, 3, 8, 9, 11, 12, 14-16, 21, and the Apple and Google required terms. Please review those sections (and all other terms) carefully.
You understand and agree that Midwest Dairy may disclose information about you if Midwest Dairy has a good faith belief that Midwest Dairy is required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Midwest Dairy or others.
You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Service (“User Submissions”) on the Service. By submitting any such materials to the Service, you represent and warrant that you will not submit or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Midwest Dairy all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. Midwest Dairy does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Midwest Dairy EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
On Midwest Dairy’s social media pages, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos, or recordings that you submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to Midwest Dairy.
If you submit any User Submissions to the Service, you hereby grant a non-exclusive, royalty-free, worldwide, transferable, perpetual right and license to Midwest Dairy, its affiliates, and its successors and assigns to use, reproduce, distribute, display, transmit, publish, modify, edit, and/or create derivative works from the User Submissions in any format, including, without limitation, coding or watermarking such User Submissions, provided in any medium, forum, or format, for any purpose of Midwest Dairy or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Midwest Dairy, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Midwest Dairy and that we will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Midwest Dairy in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest you have or may be deemed to have in and to the Modified Content to Midwest Dairy.
You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that Midwest Dairy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE MIDWEST DAIRY PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE MIDWEST DAIRY PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.
Midwest Dairy may, at its sole discretion, disable access or partially disable access to the Service for any users who violate these Terms, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these Terms including any warranties; and (5) users who misuse or challenge Midwest Dairy’s rights in the Content. If you violate any of these Terms, your permission to use the Content and the Service automatically terminates.
Restrictions on Use of Service
As a condition of your use of the Service, you warrant to Midwest Dairy that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. In your use of the Service, you will not:
- use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service;
- use the Service for any purpose other than for using the features we intentionally make available to you;
- upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post any information that Midwest Dairy, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, 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 the law;
- upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- copy, download, or distribute any part of the Service in any form or medium without the prior written authorization of Midwest Dairy;
- alter, modify, or make derivative works from any part of the Service without the prior written authorization of Midwest Dairy;
- resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, the Service or any Content, in whole or in part;
- modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service;
- provide false personal information or personal information belonging to anyone other than yourself without permission;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the Service; or
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
Midwest Dairy believes in children’s online safety and does not wish to receive information regarding children under 16 years old. Therefore, you may not submit any Personal Information of a child under 16 years old or information sufficient to locate such a child on or through the Service. If you are under 16 years of age, then please do not attempt to submit any information to or use the Service.
Everything you see, hear, or otherwise experience on the Service, including, but not limited to, the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”), and the trademarks, service marks, and logos contained therein, including but not limited to “Midwest Dairy®,” “Midwest Dairy Association®,” “Midwest Dairy Council®,” and the associated logos (“Marks”), are owned by or licensed to Midwest Dairy, subject to copyright and other intellectual property rights under United States and international laws and conventions. Midwest Dairy owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws.
For your personal, noncommercial use only, you may view, copy, download, and print pages from the Service, provided that:
- Copyright notices in the form “© Midwest Dairy. Used with permission. All rights reserved.” appear on every copy or reproduction of such materials;
- You do not alter, edit, condense, or modify the materials in any way;
- You do not reproduce or publicly display, perform, or distribute or otherwise use the material for any public or commercial purpose; and
- You do not transfer any materials you print, copy, reproduce, or download to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.
Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Midwest Dairy reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into or stream or transmit the Content via any hardware or software application, or make it available via frames or in-line links, unless expressly permitted by Midwest Dairy in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Service.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party all or any part of the rights granted to you under these Terms, the Service, or any content or materials accessible through the Service, in whole or part.
Notwithstanding the foregoing, Midwest Dairy may make available certain copyrighted materials, including but not limited to photographs and marketing materials (collectively the “Promotional Materials“) to certain users of the Service for marketing and promotional purposes. Before you may download any of the promotional materials, you may be required to agree to a License Agreement concerning the promotional materials you wish to download. In addition, you agree to abide by all additional restrictions displayed on the Service as it may be updated from time to time. Midwest Dairy shall retain at all times ownership of and all intellectual property rights to the promotional material.
Midwest Dairy presents the Content and Promotional Material on this website as a service to its customers and other internet users. Midwest Dairy makes no commitment to update the Service content or materials. Any unauthorized downloading or distribution of any copyrighted material from this Service or from linked websites, without the copyright owner’s permission, is strictly prohibited.
- Submitting a resume via the Service will not result in your applying for any positions. You need to submit a separate and complete application for each specific position for which you would like to apply;
- Applying for a position via the Service does not create a promise or contract for employment or the provision of any employment benefit. If you are hired for a position at Midwest Dairy, your employment will be at will;
- If you are unable to use our online application system due to a disability, please contact Human Resources at 651-487-4743 or email@example.com; and
- Midwest Dairy is an Equal Opportunity/Affirmative Action Employer M/F/D/V—all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law.
Midwest Dairy takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers”). Any dealings you have with Advertisers found while using the Service are between you and the Advertiser, and you agree that Midwest Dairy is not liable for any loss or claim that you may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE Midwest Dairy PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING, WITHOUT LIMITATION, THE STATES OF MISSOURI, DELAWARE, AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you are an intellectual property owner or an agent thereof and believe that either (1) any Content or User Submissions on the Service or (2) any material or activity contained on an online location to which Midwest Dairy has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- 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 on the Service are covered by a single notification, a representative list of such works on the Service;
- 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 (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification pursuant to the DMCA should be submitted to:
Midwest Dairy Association
2015 Rice Street
St. Paul, MN 55113
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to Midwest Dairy without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Trademarks and Celebrity Material
- Midwest Dairy responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
- Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Service and you do not have the celebrity’s permission.
- If you are a trademark owner or a celebrity and you believe your rights have been infringed on the Service, please submit a notification of infringement to our agent listed in Section 9 above.
- To submit a notification, you must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
- When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Service where you believe the infringement is occurring.
Links to Third Party Websites
The Service may be linked to other third-party websites that are not maintained by Midwest Dairy. Midwest Dairy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. Any links to linked websites not owned or operated by Midwest Dairy are provided solely as a convenience for you. Midwest Dairy’s listing of any linked websites or online services does not create a partnership, joint venture, or affiliation with the third party. Midwest Dairy is not responsible for the content of the linked websites. Links to third-party websites or online services do not constitute an endorsement or sponsorship from Midwest Dairy and does not authorize a linked website to use any Marks or Content of Midwest Dairy. Linked websites are for informational purposes only, and it is your responsibility to evaluate the content and usefulness of the linked websites. BY USING THE SERVICE, YOU EXPRESSLY RELEASE MIDWEST DAIRY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, SHAREHOLDERS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, AND ASSIGNS (COLLECTIVELY “THE MIDWEST DAIRY PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions of use for each other website or online service that you visit.
Except as you have otherwise agreed with Midwest Dairy in writing, you may link to the Service from your website, subject to the following: (1) you may not frame the Service or any portion of the Service; (2) you will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Midwest Dairy name and not any Midwest Dairy logo; (4) you may not use any Midwest Dairy logo in any way; (5) you may not use the link in any way that suggests that Midwest Dairy is associated with or endorses you or your website or online service; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages Midwest Dairy or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Service at any time for any reason or no reason.
You warrant and represent to Midwest Dairy as set out below:
- The information you provide in any registration screen, profile, email, telephone call, or through other means, including all personal details, contact details, and all other data provided, is true in all respects, up-to-date, and not misleading.
- You will keep the information referred to in paragraph (a) up to date.
- You will not access the Service under false identity or pretext and will not use it to falsify your or any other person’s identity.
- You will use the Service lawfully and in good faith.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. MIDWEST DAIRY HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MIDWEST DAIRY PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE MIDWEST DAIRY PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE MIDWEST DAIRY PARTIES, RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE MIDWEST DAIRY PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, THE MIDWEST DAIRY PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES, SUCH AS ADVERTISERS, WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY MIDWEST DAIRY; OR THAT SERVICE ERRORS WILL BE CORRECTED. THE MIDWEST DAIRY PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE MIDWEST DAIRY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE MIDWEST DAIRY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE MIDWEST DAIRY PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM MIDWEST DAIRY’S NEGLIGENCE; (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR USE OF THE MIDWEST DAIRY PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (8) USER SUBMISSIONS, CONTENT, OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MIDWEST DAIRY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE MIDWEST DAIRY PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION AND OTHER LOGIN INFORMATION WITH ANY OTHER PERSON.
THE MIDWEST DAIRY PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $100 USD.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Midwest Dairy from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MIDWEST DAIRY PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE MIDWEST DAIRY PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE MIDWEST DAIRY PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS OR ACCOUNT.
You shall cooperate as fully as reasonably required in the defense of any claim. Midwest Dairy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of Midwest Dairy without Midwest Dairy’s prior written approval.
IF THE MIDWEST DAIRY PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE MIDWEST DAIRY PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO MIDWEST DAIRY.
You affirm that you are 16 years of age or older and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these Terms.
The Service is not intended for persons under the age of 16. If you are under the age of 16, then please do not use the Service.
Midwest Dairy reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
In addition, Midwest Dairy may, in its sole discretion terminate the authorizations and rights granted for any or no reason, including, but not limited to, breach of these Terms, and, upon such termination, you shall immediately destroy all materials and promotional materials, including but not limited to any and all related documentation and all copies and installations. Midwest Dairy may also impose limits on certain features and services or restrict your access to all or parts of the website without notice or liability.
If any provision of these Terms is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Midwest Dairy may assign its rights or delegate its duties under these Terms partially or in their entirety to any party without notice to you.
Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
Governing Law and Jurisdiction
The Service is controlled, maintained, and serviced by Midwest Dairy within the State of Minnesota, United States of America. Midwest Dairy controls and operates this Service from its headquarters in St. Paul, Minnesota, United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or promotional materials in this website in violation of U.S. export laws and regulations. This Service can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Minnesota, by accessing this Service both you and Midwest Dairy agree that the statutes and laws of the State of Minnesota, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and all matters relating to the use of this Service. You and Midwest Dairy also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of the District Court of Ramsey County, Minnesota, or the United States District Court for the District of Minnesota with respect to all matters relating to the use of this Service.
These Terms constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms. Midwest Dairy and you do not intend to confer, and these Terms will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than Midwest Dairy, you, and each party’s successors and assigns. No modification, alteration, or waiver of any of the provisions of these Terms will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure or delay by Midwest Dairy to enforce its rights under these Terms shall not constitute a waiver unless such waiver is made in writing.
If you have questions or comments about these Terms, please visit our contact us page or contact us at:
Last updated July 5, 2023.