Dairy AdvanCE

Dairy AdvanCE

Terms of Use

By accessing or using any of Dairy AdvanCE's Internet properties including, without limitation, http://dairyadvance.org, mobile websites, microsites, mobile applications, Dairy AdvanCE profiles on social media sites and any other digital services or properties operated or used by Dairy AdvanCE from time to time and any others released by Dairy AdvanCE from time to time (collectively referred to as the " Dairy AdvanCE websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use carefully as well as Dairy AdvanCE's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate your use of Dairy AdvanCE websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use Dairy AdvanCE websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use Dairy AdvanCE websites and Dairy AdvanCE content (as defined below) for your noncommercial personal use and for no other purpose Dairy AdvanCE reserves the right to bar, restrict or suspend any user's access to the CPD websites, and/or to terminate this license at any time for any reason. Dairy AdvanCE reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Dairy AdvanCE's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), Dairy AdvanCE websites, any Dairy AdvanCE content (as defined below) or any portion thereof. Further, you may not (i) use Dairy AdvanCE websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to Dairy AdvanCE websites, including Dairy AdvanCE content; (ii) interfere with the proper working of Dairy AdvanCE websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of Dairy AdvanCE websites.

3. Your Acceptance; Revisions to Terms of Use. The Dairy AdvanCE website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Dairy AdvanCE regarding your use and access to Dairy AdvanCE websites. By using Dairy AdvanCE websites you agree to the Terms of Use.

Dairy AdvanCE reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the CPD websites. Your use of the Dairy AdvanCE websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to Dairy AdvanCE websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 21, shall apply to a controversy or claim of which Dairy AdvanCE had actual notice on or before the date of any such revision.

4. Dairy AdvanCE Policies; Additional Terms and Conditions. Dairy AdvanCE's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of Dairy AdvanCE websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for Dairy AdvanCE websites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of Dairy AdvanCE websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

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.

7. Privacy Policy. For information about Dairy AdvanCE's data protection practices and Dairy AdvanCE's use and protection of your personal information, please read Dairy AdvanCE's Privacy Policy which is incorporated into and made a part of these Terms of Use.

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.

9. User-Generated Content. Dairy AdvanCE does not claim ownership of content that you post on or through Dairy AdvanCE websites, such as comments or posts that you submit on forums, blogs, or other websites ("User-Generated Content"). When submitting User-Generated Content, you will abide by the Code of Conduct which is incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to Dairy AdvanCE a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to Dairy AdvanCE's Privacy Policy.

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.

In the event you are dissatisfied with, or dispute, these Terms of Use, Dairy AdvanCE websites and/or Dairy AdvanCE Content, your sole right and exclusive remedy is to terminate your use of Dairy AdvanCE websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Dairy AdvanCE has no other obligation, liability or responsibility to you or any other party.

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.

19. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Dairy AdvanCE Parties from and against all claims arising from or in any way related to your use of Dairy AdvanCE websites and/or Dairy AdvanCE Content, a violation by you of these Terms of Use, or any other actions connected with your use of Dairy AdvanCE websites and/or Dairy AdvanCE Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. Dairy AdvanCE will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Dairy AdvanCE Parties other than under this Section.

20. Term and Termination. These Terms of Use will take effect at the time you begin using Dairy AdvanCE websites. Dairy AdvanCE reserves the right, with or without notice, at any time and for any reason to deny you access to the CPD websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use Dairy AdvanCE website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of Dairy AdvanCE websites, including any Dairy AdvanCE Content, in your possession.

21. Arbitration; Venue. Any controversy or claim ("Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Juneau, Wis. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator's award shall be final and binding. The courts of the State of Wisconsin shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Dairy AdvanCE reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

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.

22. Governing Law. These Terms of Use and all matters regarding your use of Dairy AdvanCE websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Wisconsin applicable to contracts made and executed and wholly performed in the State of Wisconsin, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

23. Waiver and Severability. The failure of Dairy AdvanCE to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

24. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Dairy AdvanCE relating to Dairy AdvanCE websites and its use by you, and supersedes any previous written or oral communication regarding use of Dairy AdvanCE websites. The Dairy AdvanCE website is intended to be consistent with and in furtherance of Dairy AdvanCE's policies.

25. Contact Information. If you have any questions or concerns regarding these Terms of Use or Dairy AdvanCE websites, please visit our "Contact Us" page.

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.

27. Use of Dairy AdvanCE websites and Dairy AdvanCE Content outside of the United States. Dairy AdvanCE makes no claims regarding access or use of Dairy AdvanCE websites or Dairy AdvanCE Content outside of the United States. If you use or access Dairy AdvanCE websites or Dairy AdvanCE Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
This Terms of Use is subject to amendment or modification at any time.

Revised June 24, 2016.