Real California Milk

CALIFORNIA MILK ADVISORY BOARD TERMS OF USE

Realcaliforniamilk.com (the “Site”) is owned by the California Milk Advisory Board (“CMAB” “we” “us” “our”), an instrumentality of the California Department of Food and Agriculture. This is an agreement between you and CMAB. 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

CMAB provides a collection of online resources (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 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 CMAB in any way, your only recourse is to immediately discontinue use of the Site and its Services.

CMAB 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 CMAB. We do not recommend or endorse any specific product or service which can be accessed from the

Site and 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 reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. Some material 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 CMAB. 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 CMAB. All rights are reserved.

CMAB’s logos are trademarks of The California Advisory Board 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 that content and any personal information contained in that content will be visible to all visitors to the Site. You should also be aware that any information that 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 Posting 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 that 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 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 of any means to disguise your online identity or alter original attribute information when sending e-mails 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 which are abusive, illegal, or disruptive, or that 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.
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our judgment, exposes CMAB or any of its customers or suppliers to any liability or detriment of any type.

CMAB, 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 non-exclusive 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 non-exclusive 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 CMAB, 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 CMAB, 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 askus@realcaliforniamilk.com. 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.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

CMAB has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any user content on the Site which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

CMAB

Att: Legal Department

[address]

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, CMAB (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 SITE OR THE SERVICE.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CMAB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CMAB 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

CMAB is based in California in the United States of America with principal offices in San Francisco, California. CMAB 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 CMAB (‘Dispute”) shall lie in the state or federal courts located in San Francisco, 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 CMAB, 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 realcaliforniamilk.com’s Privacy Policy constitute the entire agreement between you and CMAB and govern your use of the Site and Service, superseding any prior agreements between you and CMAB. 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.

Effective Date: 2/23/11

© 2012 California Milk Advisory Board