DAIRY COUNCIL OF CALIFORNIA – TERMS OF USE

DairyCouncilofCA.org (the “Site”) is owned by the Dairy Council of California (“DCC” / “we”/ “us” / “our”), an instrumentality of the California Department of Food and Agriculture. This is an agreement between you and DCC. Please read it carefully as the terms and conditions regarding your use of the Site (“Terms”) are binding on you. If you do not agree with all of the terms set forth in these Terms, please do not visit or use the Site.

ACCEPTANCE OF TERMS

DCC provides a collection of online resources + products (referred to hereafter as “the Service”) on the Site. Your use of the Site and the Service signify your complete acceptance of these Terms, which may be updated from time to time. We will provide notice of changes to the Terms by posting the new Terms on the Site. All such changes in the Terms shall be effective from the Effective Date set forth when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with DCC in any way, your only recourse is to immediately discontinue use of the Site and its Services.

DCC CONTENT

The content on the Site is accessible to all visitors to the Site. You understand that the Site and/or Service may contain links to other websites, which are completely independent of DCC. We do not recommend or endorse any specific product or service that can be accessed from the Site, and we do not make any representation or warranty as to the accuracy, completeness, or authenticity of the information contained on the Site or any other websites accessible from the Site.

PROPRIETARY RIGHTS

You agree not to reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any aspect of the Service or the Site. We retain full copyright ownership, rights, and protection in all material contained on the Site (including all software, HTML code, and other code). The use of material, including, without limitation, logos, text, graphics, and other copyrightable materials on the Site are limited to personal use and cannot be decompiled, transcribed, resold, or redistributed without our specific prior written consent in each instance. Some materials are copyrighted by third parties and users may not modify, copy, distribute, transmit, display, or otherwise provide any Content without the prior written consent of DCC. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material or using the Site or Services. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on or accessed through the Site shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for personal use. All Content of the Site is owned by DCC. All rights are reserved. DCC’s logos are trademarks of Dairy Council of California and are protected by state and federal laws. Other logos and trademarks and service marks (collectively “trademarks”) depicted on this Site are the property of their respective owners. Your unauthorized use of Trademarks appearing on the Site may constitute a violation of law.

USER CONTENT

If you post content or communicate with users of the Site, you should be aware that this content and any personal information contained in this content will be visible to all visitors to the Site. You should also be aware that any information which is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from the Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site. We encourage you to take advantage of the opportunity to interact with others on the Site by posting and reading user content and participating in any online forums. However, you should be aware that you may be exposed to content that you find objectionable, indecent or offensive, or which is inaccurate, misleading, or incomplete. We are not responsible for the accuracy, completeness, or usefulness of any user content, nor do we endorse such user content. We do not verify the identity of people using the Site. You use the Site and user content at your own risk. We reserve the right to review all postings prior to submission to the Site and to remove any content for any reason, at any time, without prior notice, in our sole discretion.

POSTING OF USER CONTENT REQUIREMENTS

All content that you post to the Site must comply with these Terms and these Postings of User Content Requirements. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post, and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing which you post. You represent, warrant, and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:

• Is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
• Contains any materials that could infringe any copyright, trademark, publicity or privacy right, or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
• Contains any materials containing slurs, hate speech, or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
• Contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
• Is a solicitation or advertisement for any commercial product or activity;
• Encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
• Restricts or inhibits any other user from using the Site or contains a virus or other harmful component;
• Violates any local, state, federal or international laws, or gives rise to civil liability;
• Violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
• Imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
• Is a chain letter, or constitutes junk mail;
• “Spoofs” (using any means to disguise your online identity or alter original attribute information when sending emails or posting messages to the Site);
• Uses or possesses programs to “crack” passwords or other Internet security tools.

We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.

We reserve the right (but are not obligated) to do any or all of the following:

• Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
• Remove communications that are abusive, illegal, or disruptive, or which otherwise fail to conform with these Terms.
• Terminate a user’s access to the Site upon any breach of these Terms.
• Edit or delete any communication posted on the Site, regardless of whether such communications violate these standards.
• Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes DCC or any of its customers or suppliers to any liability or detriment of any type.
• DCC, or its licensees, has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

LICENSE OF RIGHTS

By submitting content to the Site, you grant to us, and our successors in business and assigns, a perpetual, worldwide, royalty-free, and nonexclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a nonexclusive license to access your content as permitted through the functionality of the Site and under these Terms.

USER RESPONSIBILITY

You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold DCC, it officers and affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any of them may incur in connection with a third-party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through your use of the Service or Site, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site, and we reserve the right, but not the obligation, to monitor, edit, or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of DCC, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve the Site and the experience of our users.

INAPPROPRIATE CONTENT

If you believe that any postings on the Site violate these Terms, please let us know by clicking on the “Contact Us” link at the bottom of any page on the Site, and then sending us an email to info@HealthyEating.org. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.

DISCLAIMER OF WARRANTIES

You agree that use of the site and the service is entirely at your own risk. The site and the service are provided “as is” and “as available,” without warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. In states that do not allow the disclaimer of implied warranties, the foregoing will not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. To the fullest extent permitted by law, dcc (i) disclaims any warranties for the security, reliability timeliness, accuracy and performance of the site and the service. (ii) disclaims any warranties for other service or goods received through or advertised on the site or the service or accessed through any links on the site, and (iii) disclaims any warranties for viruses or other harmful components in connection with the site or the service.

LIMITATIONS OF LIABILITY

Under no circumstances shall dcc be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if dcc has been advised of the possibility of such damages) resulting from any aspect of your use of the site or the service, including but not limited to reliance by any user on any information obtained therefrom; or from mistakes, omissions, interruptions or deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, communications, theft, destruction or unauthorized access to services whether the damages arise from use or misuse of the site or the service, from the inability to use the site or the service, or the interruption, suspension, modification, alteration, or termination of the site or the service, such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or the service or any links on the site. These limitations shall apply to the fullest extent permitted by law.

JURISDICTION

DCC is based in California in the United States of America with principal offices in Sacramento, California. DCC makes no claims that the Site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and DCC (‘Dispute”) shall lie in the state or federal courts located in Sacramento, California. You hereby waive any right you might have to resolve any Dispute on a class-action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to DCC, the Services, the content, or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

GENERAL INFORMATION

The Terms and HealthyEating.org’s Privacy Policy constitute the entire agreement between you and DCC and govern your use of the Site and Service, superseding any prior agreements between you and DCC. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement or Terms.

TERMINATION

You agree that we may terminate, modify, discontinue, or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance, or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, License of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Governing Law, General Information, and Privacy shall survive any such termination.