Dairy Council of California

User Agreement for the Dairy Council of California Web Site

This website with its home page in the domain "dairycouncilofca.org" (the "website") is a complimentary information and community service offered by the Dairy Council of California ("DCC") at no charge to users of the world wide web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. We do not require visitors to register to use our site. Your registration to the website represents that you have read and accepted the terms of this User Agreement.

Dairy Council of California reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the website. Do not use the website if you do not agree to all of the following terms and conditions.

We acknowledge that the information on the website is provided "AS IS" for general information only. DAIRY COUNCIL OF CALIFORNIA MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

You agree that you will hold harmless Dairy Council of California and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Dairy Council of California or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

RIGHTS AND RESPONSIBILITES OF USERS

No Reproduction of Content
Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided in the Service (including the underlying code that constitutes the Service), or sell, resell or redistribute any software downloaded from the Service, without obtaining the express, prior written consent of Dairy Council of California. This restriction includes any attempt to incorporate the information contained in the Service into any e-mail or other "white pages" directory. Such information includes the names, e-mail addresses and other personal information provided by the Members of the website and any other Users of the Service.

No Use of Automated Information Compilers
Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by Dairy Council of California.

System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of website, site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service.

No Commercial Use of the Service
No User shall use the Service for commercial activity (other than incidental use) or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless the aspect of the Service in question explicitly endorses such use or Dairy Council of California has provided its prior, written consent to use. This means there is to be no advertising or promotion for commercial purposes.

Applicability of Export Restrictions
Users agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.

Self-protection from Viruses
It is up to each User to take precautions to ensure that anything selected for personal use is free of such items as software viruses, worms, trojan horses and other items of a destructive nature.

Privacy and Passwords
At Dairy Council of California, we take your privacy seriously. We are committed to ensuring that only you have access to the information you provide about yourself. Upon becoming a Member of the Service, each User shall choose a password and an associated account. Each Member is solely responsible for maintaining the confidentiality of such password (or modifying such password) and account. Each Member shall immediately notify Dairy Council of California of any unauthorized use of the Member's account or other breach of security. However, Dairy Council of California is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

Discontinuance of Membership
Each Member is free at any time and for any reason to discontinue use of the Service and to remove from the Service any information provided by such User to Dairy Council of California, upon reasonable notice thereof.

Remedies
Violation of any of the terms and conditions contained in this Agreement will result in immediate termination of the User's right to use this service and Dairy Council of California reserves the right to invoke any and all remedies available to it either in law or equity.

DAIRY COUNCIL OF CALIFORNIA'S RESPONSIBILITIES

No Sale of Information
Dairy Council of California shall not sell to a non-collaborator third party specific information that identifies a User, without the User's prior, affirmative consent.

Protection of Information and Limitations Thereon
The forms on our site require users to give us contact information (like their name and email address), and other personal information relating to your request. Information may be used in a research capacity to evaluate the benefits of this service. At Dairy Council of California we do not share or sell any information that could be linked to your identity.

If so requested, Dairy Council of California shall make reasonable efforts not to disclose personal information provided by a User; provided, however, that such requests must be consistent both with the aims and description of particular aspects of the Service at the time of such request and at any time in the future and also with the technical limitations and design of the Service at the time of such request and at any time in the future. To the extent that a request is inconsistent at the time of the request or at any time in the future, then Dairy Council of California reserves the right not to honor such request.

By providing information and data to the Service, each User also implicitly authorizes Dairy Council of California to disclose such information and data in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process (including by making such information available to a government agency or court if so requested, with or without the necessity of a subpoena); (c) to enforce this Usage Agreement and the rules promulgated thereunder; (d) to respond to claims that any content violates the rights of third parties; or (e) to protect the interests of Dairy Council of California.

Modification of Service
Dairy Council of California reserves the right to modify or discontinue website Service at any time without prior notice to any User, and Dairy Council of California shall not be liable to any User or any third party for any discontinuation of service.

ACKNOWLEDGEMENT BY USERS OF DAIRY COUNCIL OF CALIFORNIA'S RIGHTS AND OBLIGATIONS

Each User Acknowledges That:

Copyrights: The contents and data contained in the Service constitute a compilation copyright of Dairy Council of California and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of Dairy Council of California.

Risk of interception: Any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that the User shall bear all risks associated therewith. Each User acknowledges that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that the User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

Each User hereby agrees to defend, indemnify and hold harmless Dairy Council of California and each applicable Collaborator, their officers, directors, employees, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's use, misuse or abuse of the Service.

Each User acknowledges and agrees that the use of the Service is at the User's sole risk. Neither Dairy Council of California nor any collaborator nor any other party, including any licensee, officer, employee or agent or the same warrants or represents that the Service will be uninterrupted or error free or that any defects in the Service will be corrected. In addition, neither Dairy Council of California nor any collaborator nor any licensee, officer, employee or agent of the same makes any warranty or representation as to:

(A) the use of the Service;

(B) the validity, integrity, accuracy, quality, currentness, completeness, adequacy or suitability of any result or of any information contained in the Service; or

(C) the suitability of the Service for all Users, including children, Dairy Council of California and, as applicable, any collaborator, makes the Service available free of charge, on an "as is," as available basis, without warranties of any kind, whether express or implied, including without limitation warranties for title or warranties of merchantability or fitness for a particular purpose or otherwise, except for those warranties that are incapable of exclusion, restriction or modification under applicable law.

Each User acknowledges that neither Dairy Council of California nor any collaborator nor any person involved in creating, producing, or delivery of the Service shall have any liability for any direct, indirect, incidental, special, punitive or consequential damages or any other damages arising out of or relating to in any way:

(A) any violation by any User of the Terms of the Usage Agreement;

(B) the use of, availability of, reliance upon or inability to use the Service;

(C) any errors, omissions or inaccuracies in the information contained in the Service; or

(D) any breach of any warranty, even if Dairy Council of California or any collaborator shall have been advised in advance of the possibility of such damages. This limitation shall apply regardless of the form or any action, whether it shall sound in contract, tort or otherwise.

Each User acknowledges that the sole remedy for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other cause associated with the service, shall be to terminate such User's membership, if applicable, remove any information provided by the User to Dairy Council of California, and discontinue further use of the Service.

Each User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Each User acknowledges that Dairy Council of California makes no representations whatsoever about any other website (including that of a Collaborator) which the user may access through the Service (such as from a link or pointer contained on the website site), and that when a User accesses a non-website website, it is independent from Dairy Council of California, that Dairy Council of California has no control over the content on that website, and that Dairy Council of California has no liability for any content or any actions taken on another party's website, including that of a Collaborator. In addition, a link to a non-website website does not mean that Dairy Council of California endorses or accepts any responsibility for the content or the use of such website. Users access such other sites at their own risk.

No advice or information, whether oral or written, obtained by a User from Dairy Council of California or through the Service, shall create any warranty not expressly made therein.

None of the content provided by such User constitutes confidential communications and participation in the Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and Dairy Council of California (other than the contractual relationship between Dairy Council of California and such User entered into by virtue of your acceptance of this Usage Agreement).

Section Headings
The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.

Dairy Council of California may provide links on the website to other websites which are not under the control of Dairy Council of California. In general, any website which has an address (or URL) which does not contain "dairycouncilofca.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Dairy Council of California of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

This website (excluding linked sites) is controlled by Dairy Council of California which is headquartered in the State of California, United States of America. It 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 California by accessing this website both you and Dairy Council of California agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this website. You and the Dairy Council of California also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of California and the United States District Court for the Northern District of California with respect to such matters. Dairy Council of California makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsilbe for compliance with local laws.

Thank you for your patience. We hope you find the Dairy Council of California website to be helpful and convenient to use! Questions or comments regarding the Dairy Council of California website should be directed by electronic mail: info(###)dairycouncilofca.org.

Last Revised: August 10, 2001