dmiportal.mixdesign.com (the “Site”) was created and is managed by Dairy Management, Inc. Your use of the Site is subject to the following Terms of Use. Please review these Terms of Use carefully. By accessing and using the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
- Minors under age 13. Minors under age 13 must be supervised by a parent or legal guardian when using the Site, and each parent or guardian of a minor under age 13 must agree to these Terms of Use, and must also agree to these Terms of Use on behalf of the minor under age 13. We do not knowingly collect or solicit personally identifiable information from anyone under the age of 13, or knowingly allow such persons to post to the Site. If you are under age 13, please do not attempt to post or send any of your information, including your name, address, telephone number, or email address, to us. If you become aware that we have collected personally identifiable information from a minor under age 13 without parental consent, please immediately provide notice to us at the email address provided in Section 15, below.
- Privacy. Please review our Privacy Policy, which also governs your use of the Site, to understand our data collection, use, and disclosure practices.
- Copyright Rights. The Site’s content is subject to copyrights owned by Dairy Management, Inc. and other individuals or entities, and such copyrights are protected by United States and international copyright laws. Any reproduction, retransmission or republication, of all or any part of the Site is expressly prohibited unless Dairy Management, Inc. or the copyright owner of the content has expressly granted its prior consent to such use.
- Trade and Service Mark Rights. Dairy Management, Inc.’s names, trademarks, service marks, and logos are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks, service marks, or logos is expressly prohibited, and nothing stated or implied in these Terms of Use or on the Site confers to you any license or right under any patent or trademark of Dairy Management, Inc. or any third party.
- Links to Third-Party Sites. The Site may provide links to websites produced and managed by entities other than Dairy Management, Inc. (“Third-Party Sites”). Dairy Management, Inc. does not control Third-Party Sites that may be linked to from the Site. Dairy Management, Inc. cannot monitor or otherwise evaluate such Third-Party Sites, and Dairy Management, Inc. is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. You are responsible for checking each Third Party Site’s terms and conditions of access and use, as well as each Third-Party Site’s privacy policies.
- Products and Services. Products and services offered, shown, or discussed on this Site, may be offered, shown, or discussed at the request of third-party suppliers. Therefore, such products and services may be subject to disclaimers, license terms, and terms of use or sale that are in addition to, or distinct from, these Terms of Use. The accuracy of the colors depicted on this site, such as colors of products, will depend upon your monitor. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate.
- Obligations. You are required to comply with all applicable laws in connection with your use of the Site, as well as any further limitations that are set forth in any written or on-screen notice concerning the Site from Dairy Management, Inc. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful. Dairy Management, Inc. reserves the right to review postings and profiles on the Site, to remove any such postings and profiles, and to terminate your ability to post to the Site at any time without notice, in its sole discretion. Dairy Management, Inc. also reserves the right to (i) disclose any information that it, in good faith, believes must be disclosed in order to cooperate with police investigations or other legal proceedings, or (ii) edit, refuse to post, or remove any information or materials, in whole or in part, from the Site.
License Granted. Dairy Management, Inc. does not claim ownership of any information or material you transmit, distribute, post, communicate, or store on, to, or through the Site. However, by using the Site, you grant Dairy Management, Inc. a world-wide, royalty free, perpetual, unlimited, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display any information or material you transmit, distribute, post, communicate, or store on, to, or through the Site.
By transmitting, distributing, posting, communicating, or storing on, to, or through any information or material on, to, or through the Site, you warrant and represent that you own or otherwise control all of the rights to such information or material, and that use of such information or material by Dairy Management, Inc. will not infringe upon or violate the rights of any third party. You may only post information or material to the Site that you created or you have the express permission to post. This includes, but is not limited to, material that is copyrighted by other organizations or individuals.Disclaimer of Warranties and Limitation of Liability. THE SITE IS PROVIDED “AS IS.” DAIRY MANAGEMENT, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. DAIRY MANAGEMENT, INC. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
In no event will Dairy Management, Inc. or its affiliates, or any party involved in creating, producing, or delivering the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, or punitive damages arising out of (i) your access, use or inability to use the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, or (ii) any failure of performance, alteration, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure in connection with the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site.- Choice of Law and Forum. These conditions shall be governed by and construed in accordance with the laws of the Illinois, excluding its conflict of law rules. You and Dairy Management, Inc. expressly agree to submit to the exclusive jurisdiction and venue of the courts in the Illinois in all disputes arising out of or relating to the use of the Site.
- Severability and Integration. These Terms of Use govern your use of the Site. Dairy Management, Inc. reserves the right to make changes to the Site and to these Terms of Use at any time. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms of Use.
- No Professional Advice. No information supplied on the Site and/or by any employee or agent of the Site or Dairy Management, Inc., whether by telephone, email, letter, facsimile, social media, or other form of communication, constitutes medical, legal, tax, accounting, or other professional advice. State laws and individual situations vary, and users of the Site are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Comments. Comments posted to the Site by users of the Site (“Comments”) do not reflect the views of the Site or Dairy Management, Inc., and neither the Site nor Dairy Management, Inc. has any obligation to monitor, edit, or review any Comments. We assume NO responsibility or liability arising in any way from Comments, nor do we assume any responsibility or liability arising from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in or implied by any Comments.
You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials.
Comment content that contains any of the above will be removed from the Site. In addition, off-topic Comments, and Comments revealing personal information (i.e., place of residence, personal history) about bloggers or other Commenters will be removed from the site. We reserve the right to remove Comments for any reason at any time.Online and Mobile Alerts. The Site may from time to time, provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you after you make certain changes to your Site account, such as changes to the registration information that you submit to the Site. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not because they are security-related and provide you with important information on your Site account.
The Site may provide voluntary alerts concerning your Site account. You may customize, deactivate or reactivate these voluntary alerts. Voluntary alerts allow you to choose alert messages for your Site account. The Site may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options when you activate your voluntary alerts.
Electronic alerts will be sent to the email address you have provided as your primary email address for The Site. If your email address or your mobile phone number changes, you are responsible for informing us of that change. Changes to your email address or mobile phone number will apply to all of your alerts. You can choose to have alerts sent to a mobile device that accepts text messages (SMS messages). Standard messaging rates or other charges will apply. Check with your mobile carrier for additional information.
Because alerts are not encrypted, we will never include your passcode or password in an alert. Alerts may include your Site Login ID/username and some information about your Site account. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.- Termination. Dairy Management, Inc. may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice to you and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user IDs/usernames, (ii) permitting another person or entity to use your user ID/username to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Use, (iv) any violation of these Terms of Use or the rules and regulations relating to the use of the Site, or the software and/or data files contained in, or accessed through, the Site, (v) tampering with or altering any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or a portion thereof on a regular basis.
Questions: If you have questions concerning these Terms of Use, and/or your use of the Site, please contact us. We welcome your feedback.
