Terms & Conditions
GENERAL TERMS AND CONDITIONS OF USE
The Wisconsin Milk Marketing Board, Inc., dba Dairy Farmers of Wisconsin, appreciates your visit to this web site (the "Site"). Please read the following terms and conditions ("Terms and Conditions") carefully before using this Site as use of this Site constitutes your acceptance of these Terms and Conditions. Your access to and use of the Site is subject to the following terms and conditions (the "Terms and Conditions") and all applicable laws. If you do not agree to abide by these Terms and Conditions, do not use the Site or download material from the Site.
Terms and Conditions
1. As used in these Terms and Conditions, "DFW" shall mean the Wisconsin Milk Marketing Board, Inc., dba Dairy Farmers of Wisconsin, or its contractors.
2. This Site may be linked to other sites that are not maintained by DFW ("Linked Sites"). If you use any of the Linked Sites, you will leave this Site. DFW is not responsible for the content of the Linked Sites. Links to Linked Sites do not constitute an endorsement from DFW or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of DFW. Linked Sites are for informational purposes only, and it is your responsibility to evaluate the content and usefulness of the Linked Sites. If you decide to visit any of the Linked Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
3. DFW presents the material and Promotional Material (as hereinafter defined) on this Site as a service to its customers and other Internet users. DFW makes no commitment to update the Site content or materials. Any unauthorized downloading or distribution of any copyrighted material from this Site or from Linked Sites, without the copyright owner's permission, is strictly prohibited.
4. This Site and the materials contained in this Site are copyrighted, protected by worldwide copyright laws and treaty provisions, and provided for lawful purposes only. DFW reserves all rights under these laws, and except as specifically permitted below, modifying, copying, distributing or using for any purpose the materials contained in this Site is strictly prohibited. However, you may print, copy, reproduce, or download one copy of the material for your personal, noncommercial use only, provided that: (a) copyright notices in the form "© Wisconsin Milk Marketing Board, Inc. Used with permission. All rights reserved." appear on every copy or reproduction of such materials; (b) you do not alter, edit, condense, or modify the material in any way; (c) you do not reproduce or publicly display, perform, or distribute or otherwise use the material for any public or commercial purpose, and (d) you do not transfer any material 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 and Conditions of use.
- Notwithstanding the foregoing, DFW may make available certain copyrighted materials, including but not limited to photographs and marketing materials (collectively the "Promotional Materials") to certain users of the Site for marketing and promotional purposes. You must have a user id and password to access the Promotional Material, and use of the Promotional Materials is governed by, in addition to these Terms and Conditions, the applicable License Agreement. Before you may download any of the Promotional Materials, you will 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 Site as it may be updated from time to time. DFW shall retain at all times ownership of and all intellectual property rights to the Promotional Material.
- Unless otherwise indicated, all marks displayed on DFW's Site are subject to the trademark rights of DFW, including but not limited to:
- Proudly Wisconsin Cheese™ alone and with the "Wisconsin Cheese" Logos, "OUTDO ORDINARY."™ alone and with the "WISCONSIN CHEESE" Logos, "WISCONSIN CHEESE. PRIDE. OUR SECRET INGREDIENT." alone and with the "WISCONSIN CHEESE" Logos, "PRIDE. OUR SECRET INGREDIENT." alone and with the "WISCONSIN CHEESE" Logos, "REAL CHEESE" & Circle®, and "REAL CHEESE" & State®.
- Any use of our trademarks, tradenames, and logos in which DFW, its subsidiaries, affiliates, divisions, and licensors, do business is strictly prohibited absent DFW's prior written consent. In addition, the names, trade names, and trademarks of third parties that appear on this Site are proprietary to their respective owners and may be used only with their express permission.
5. DFW MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, USE OF OR THE RESULTS OF THE USE OF THE MATERIALS, PROMOTIONAL MATERIALS, AND LINKED SITES, (II) THE AVAILABILITY FOR USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR ON THIS SITE, (III) WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) WHETHER ANY MATERIALS OR PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS, PROMOTIONAL MATERIALS AND LINKED SITES SHALL BE AT YOUR SOLE RISK. DFW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, BUT WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. DFW MAY MAKE ANY OTHER CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE, THE MATERIALS, OR PROMOTIONAL MATERIALS DESCRIBED IN THE SITE.
- WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS AND PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
6. NEITHER DFW NOR ANYONE WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, USE OF (OR YOUR INABILITY TO USE), OR RELIANCE ON THIS SITE, ANY OF THE CONTENTS OF THIS SITE OR ANY LINKED SITES, EVEN IF THERE IS NEGLIGENCE OR DFW OR AN AUTHORIZED DFW REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. DFW's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this Site.
7. ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ENTITY'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY, AND HOLD DFW, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL (I) LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION BY SUCH PERSON OR ENTITY RELATING TO THAT PERSON'S OR ENTITY'S USE OF THIS SITE AND (II) ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY SUCH PERSON OR ENTITY.
8. This Site is controlled, maintained, and serviced by DFW within the State of Wisconsin, United States of America and is made available only to provide information about DFW. DFW controls and operates this Site from its headquarters in Madison, Wisconsin, United States of America. Those who choose to access this Site 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 Site in violation of U.S. export laws and regulations. This Site 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 Wisconsin, by accessing this Site both you and DFW agree that the statutes and laws of the State of Wisconsin, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site. You and DFW also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of the Circuit Court of Dane County, Wisconsin, or the United States District Court for the Western District of Wisconsin with respect to all matters relating to the use of this Site.
10. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and DFW relating to the use of this Site and it cannot be modified orally by any representative of DFW. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and DFW. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
11. DFW may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of or contained in the Site, at anytime. DFW may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. DFW may terminate the authorizations and rights granted, 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.
- DFW reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by DFW, you should review this page each time you connect to DFW's Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.