6. Personal Login Information. Certain features and areas of the Dairy AdvanCE website is available only with registration, login, subscriber, member or account number, and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Dairy AdvanCE is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Dairy AdvanCE immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of Dairy AdvanCE websites and not interfere with the use and enjoyment of Dairy AdvanCE websites by other users or with Dairy AdvanCE's operation and management of Dairy AdvanCE websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Dairy AdvanCE websites, including, without limitation, information required to be provided through a Dairy AdvanCE registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Dairy AdvanCE reserves the right to terminate your access and use of Dairy AdvanCE websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Dairy AdvanCE websites, or defame or otherwise harm any party, including Dairy AdvanCE, through your use of Dairy AdvanCE websites.
In addition you also agree that you will not use our services to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
10. Proprietary Rights. The content of Dairy AdvanCE websites includes, without limitation, (i) Dairy AdvanCE's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively " Dairy AdvanCE Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Dairy AdvanCE websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as " Dairy AdvanCE Content"). Dairy AdvanCE Content is the property of Dairy AdvanCE, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Dairy AdvanCE Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Dairy AdvanCE or the owner of such content if Dairy AdvanCE is not the owner. For reprints, contact Dairy AdvanCE. Any use of Dairy AdvanCE Marks without Dairy AdvanCE's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Dairy AdvanCE Content, including any such notices appearing on any Dairy AdvanCE Content you are permitted to download, transmit, display, print, or reproduce from Dairy AdvanCE websites.
11. Responsibility for Use of the Internet and Dairy AdvanCE websites and Exclusion of Liability. Use of the Internet and Dairy AdvanCE websites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Dairy AdvanCE does not guarantee the confidentiality or security of any communication or other material transmitted to or from Dairy AdvanCE websites over the Internet or other communication network. Dairy AdvanCE shall not be obligated to correct or update Dairy AdvanCE websites, Dairy AdvanCE Content or the User-Generated Content and Dairy AdvanCE shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Dairy AdvanCE websites.
12. Third Party Information. The Dairy AdvanCE websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the Dairy AdvanCE website are those of the respective third party and not of Dairy AdvanCE or its affiliates. Dairy AdvanCE makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
13. Advertisers. The Dairy AdvanCE websites may contain advertisements of third parties. The inclusion of advertisements on Dairy AdvanCE websites does not imply endorsement of the advertised products or services by Dairy AdvanCE. Dairy AdvanCE shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on Dairy AdvanCE websites. Further, Dairy AdvanCE shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on Dairy AdvanCE websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
14. Links to Third Party websites. The Dairy AdvanCE websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Dairy AdvanCE exercises no control. The appearance of any such third party links (provided by Dairy AdvanCE or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to Dairy AdvanCE websites, you do so entirely at your own risk.
15. Links to Dairy AdvanCE websites and Dairy AdvanCE Content, Sharing of Content. Links posted by third parties to Dairy AdvanCE websites and/or Dairy AdvanCE Content may not use Dairy AdvanCE trademark or logo and shall not suggest that Dairy AdvanCE promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of Dairy AdvanCE websites shall be the responsibility of the linking party. Dairy AdvanCE reserves the right to require any linking party to disable or remove any link that violates Dairy AdvanCE's rights or causes interruption or deterioration of Dairy AdvanCE Content.
Sharing of Content. You may download, copy or embed Dairy AdvanCE Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Dairy AdvanCE Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in Dairy AdvanCE Content. Dairy AdvanCE reserves the right to require any party sharing Dairy AdvanCE content to disable or remove the content should its use violate Dairy AdvanCE's policies, rights or causes interruption or deterioration of Dairy AdvanCE Content.
16. Warranties Disclaimed. THE Dairy AdvanCE WEBSITES AND CPD CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER Dairy AdvanCE, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "CPD PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE CPD WEBSITES OR CPD CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE Dairy AdvanCE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Dairy AdvanCE WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) Dairy AdvanCE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE Dairy AdvanCE WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
17. Limitation of Liability. THE Dairy AdvanCE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE Dairy AdvanCE WEBSITES AND/OR ANY Dairy AdvanCE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE Dairy AdvanCE WEBSITES AND/OR CPD CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE Dairy AdvanCE WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE Dairy AdvanCE WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Dairy AdvanCE WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE Dairy AdvanCE WEBSITES ARISING OUT OF CAUSES BEYOND Dairy AdvanCE's CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE Dairy AdvanCE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE Dairy AdvanCE WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE Dairy AdvanCE WEBSITES OR CPD CONTENT.
18. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND Dairy AdvanCE's LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents to or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision's restriction on your right to participate in or pursue a class-action or class wide arbitration shall be brought only in the United States District Court.
26. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Dairy AdvanCE websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Revised June 24, 2016.