DAIRY FARMERS OF WISCONSIN
WEBSITE GENERAL TERMS AND CONDITIONS OF USE
The Wisconsin Milk Marketing Board, Inc., d/b/a Dairy Farmers of Wisconsin (“DFW”), a Wisconsin corporation, appreciates your visit to this Website (the “Website”). DFW makes this Website including all information, documents, communications, files, text, and graphics available through the Website available for your use (collectively, the “Materials”), as well as a number of related services (the “Services”). Your access to and use of the Website, the Materials, and the Services are subject to the following terms and conditions (the "Terms and Conditions"), any changes to these Terms and Conditions that DFW may publish from time to time, and all applicable laws. Please read the following Terms and Conditions carefully before using this Website as use of this Website, use of any of the Services, or use of any Materials constitutes your acceptance of these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use the Website, the Services, or the Materials from the Website.
LINKS TO THIRD PARTY WEBSITES
This Website may be linked to other third-party Websites that are not maintained by DFW ("Linked Websites"). Any links to Linked Websites not owned or operated by DFW are provided solely as a convenience for you. If you use any of the Linked Websites, you will leave this Website. DFW’s listing of any Linked Websites does not create a partnership, joint venture, or affiliation with the third party. DFW is not responsible for the content of the Linked Websites. Links to Linked Websites do not constitute an endorsement or sponsorship from DFW and does not authorize a Linked Website to use any trademark, trade name, logo or copyright symbol of DFW. Linked Websites are for informational purposes only, and it is your responsibility to evaluate the content and usefulness of the Linked Websites. If you decide to visit any of the Linked Websites, 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. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider from a Linked Website. You bear all risk associated with the employing of any third party and obtaining their goods or services.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and related Services on this Website are protected by copyright, trademark, patent, and/or other intellectual property laws, including common law intellectual property rights and trade dress (collectively “Intellectual Property Laws”), and any unauthorized use of the Materials or Services at this Website may violate such Intellectual Property Laws and these Terms and Conditions. DFW reserves all rights under these laws, and except as specifically permitted below, modifying, copying, distributing, republishing, framing, transmitting, renting, leasing, loaning, selling, assigning, licensing, sublicensing, reverse engineering, creating derivative works based on the Website, or using for any purpose the Materials contained in this Website is strictly prohibited. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.
However, you may print, copy, reproduce, or download a copy of the Materials for your personal, noncommercial use only, provided that:
(a) copyright notices in the form "© Dairy Farmers of Wisconsin. 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 Materials 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 Materials 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.
The rights specified above to view, download, and print the DFW Material available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected by Intellectual Property Laws and may not be copied or imitated in whole or in part.
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 Website for marketing and promotional purposes. You must have an 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 Website 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.
DFW presents the Material and Promotional Material on this Website as a service to its customers and other Internet users. DFW makes no commitment to update the Website content or Materials. Any unauthorized downloading or distribution of any copyrighted Material from this Website or from Linked Websites, without the copyright owner's permission, is strictly prohibited.
Unless otherwise indicated, all marks displayed on the Website 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 Website are proprietary to their respective owners and may be used only with their express permission.
PROHIBITED USES AND USER CONDUCT
As a condition of your use of the Website, you warrant to DFW that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Website.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND DFW OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS WEBSITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DFW MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, OR ANY DEFECTS IN THE WEBSITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DFW MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND DFW MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) DFW DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE WEBSITE; (II) DFW MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) DFW SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DFW, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DFW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEBSITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS WEBSITE.
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 Website.
Any person or entity, including but not limited to an entity's officers, directors, employees, contractors, and agents, that uses this Website 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 or misuse of this Website or the content thereof and (ii) all losses, claims, damages, liabilities, and costs including reasonable attorneys' fees, related to any violation of these Terms and Conditions by such person or entity.
DFW shall give you notice of any such claim, suit or proceeding. DFW reserves the right to assume exclusive defense and control of any matter, which is subject to indemnification under this section. In such event, you agree to cooperate with any reasonable request assisting DFW’s defense of such matter.
GOVERNING LAW AND JURISDICTION
This Website is controlled, maintained, and serviced by DFW within the State of Wisconsin, United States of America. DFW controls and operates this Website from its headquarters in Madison, Wisconsin, United States of America. Those who choose to access this Website 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 Website in violation of U.S. export laws and regulations. This Website 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 Website 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 Website. 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 Website.
PRIVACY AND PERSONAL INFORMATION
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 Website 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 failure or delay by DFW to enforce its rights under these Terms and Conditions shall not constitute a waiver unless such waiver is made in writing. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. DFW may assign its rights or delegate its duties under these Terms and Conditions partially or in their entirety to any party without notice to you. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. DFW may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any Materials or related Services of or contained in the Website, at anytime. DFW may also impose limits on certain features and Services or restrict your access to all or parts of the Website 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.