|

Printable
page
WISCONSIN MILK MARKETING BOARD
GENERAL TERMS AND CONDITIONS OF USE
The Wisconsin Milk Marketing Board appreciates
your visit to this web site (the Site). Please
read the following terms and conditions (Terms and Conditions)
carefully before using this Site as use of this Site constitutes
your acceptance of these Terms and Conditions. Your access
to and use of the Site is subject to the following terms and
conditions (the Terms and Conditions) and all
applicable laws. If you do not agree to abide by these Terms
and Conditions, do not use the Site or download material from
the Site.
Terms and Conditions
| 1. |
As used in these Terms and Conditions, WMMB
shall mean the Wisconsin Milk Marketing Board or its
contractors.
|
| |
|
| 2. |
This Site may be linked to other sites that are not
maintained by WMMB (Linked Sites). If you
use any of the Linked Sites, you will leave this Site.
WMMB is not responsible for the content of the Linked
Sites. Links to Linked Sites do not constitute an endorsement
from WMMB or that any Linked Site is authorized to use
any trademark, trade name, logo or copyright symbol
of WMMB. Linked Sites are for informational purposes
only, and it is your responsibility to evaluate the
content and usefulness of the Linked Sites. If you decide
to visit any of the Linked Sites, 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.
|
| |
|
| 3. |
WMMB presents the material and Promotional Material
(as hereinafter defined) on this Site as a service to
its customers and other Internet users. WMMB makes no
commitment to update the Site content or materials.
Any unauthorized downloading or distribution of any
copyrighted material from this Site or from Linked Sites,
without the copyright owner's permission, is strictly
prohibited.
|
| |
|
| 4. |
This Site and the materials contained in this Site
are copyrighted, protected by worldwide copyright laws
and treaty provisions, and provided for lawful purposes
only. WMMB reserves all rights under these laws, and
except as specifically permitted below, modifying, copying,
distributing or using for any purpose the materials
contained in this Site is strictly prohibited. However,
you may print, copy, reproduce, or download one copy
of the material for your personal, noncommercial use
only, provided that: (a) copyright notices in the form
© Wisconsin Milk Marketing Board, Inc. 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 material
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 material 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.
Notwithstanding the foregoing, WMMB may make available
certain copyrighted materials, including but not limited
to photographs and marketing materials (collectively
the Promotional Materials) to certain users
of the Site for marketing and promotional purposes.
You must have a 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 Site
as it may be updated from time to time. WMMB shall retain
at all times ownership of and all intellectual property
rights to the Promotional Material.
Unless otherwise indicated, all marks displayed
on WMMBs Site are subject to the trademark
rights of WMMB, including but not limited to "WISCONSIN
CHEESE. PRIDE. OUR SECRET INGREDIENT." alone
and with the "PRIDE" Logos:

"PRIDE. OUR SECRET INGREDIENT." alone
and with the "PRIDE" Logos, "REAL
CHEESE" & Circle®, "REAL CHEESE"
& State®, "WISCONSIN STYLE HAVARTI"®,
"CHEF SHOWCASE"®, "MOO BURGER"®,
"WISLINK"®, "WISCONSIN LINK"®,
"RACE TO THE TABLE WITH WISCONSIN CHEESE",
"THE GREAT WISCONSIN CHEESE BOWL PARTY",
"THAT'S ENTERTAINMENT", "AMERICA'S
DAIRYLAND IS YOUR LAND", "GREAT
NUTRITION IN DISGUISE", "MAKIN'
MILK MORE FUN", "WISCONSIN CHEESE
TASTE WHY", "ART OF THE STATE",
"CHEESE-A-BRATION", and "NATURALLY
ENTERTAINING".
Any use of our trademarks, tradenames, and logos
in which WMMB, its subsidiaries, affiliates, divisions,
and licensors, do business is strictly prohibited
absent WMMBa prior written consent. In addition,
the names, trade names, and trademarks of third
parties that appear on this Site are proprietary
to their respective owners and may be used only
with their express permission.
|
| |
|
| 5. |
WMMB MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND
AS TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, USE
OF OR THE RESULTS OF THE USE OF THE MATERIALS, PROMOTIONAL
MATERIALS, AND LINKED SITES, (II) THE AVAILABILITY FOR
USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS
OF THIRD PARTIES THAT MAY APPEAR ON THIS SITE, (III)
WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR (IV) WHETHER ANY MATERIALS OR PROMOTIONAL MATERIALS
AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE ARE FREE
OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS,
PROMOTIONAL MATERIALS AND LINKED SITES SHALL BE AT YOUR
SOLE RISK. WMMB RESERVES THE RIGHT, IN ITS SOLE DISCRETION,
BUT WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS
IN ANY PORTION OF THE SITE. WMMB MAY MAKE ANY OTHER
CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE, THE
MATERIALS, OR PROMOTIONAL MATERIALS DESCRIBED IN THE
SITE.
WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS
AND PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE
THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. This exclusion of implied
warranties may not apply to you to the extent that applicable
law may not allow the exclusion of implied warranties.
|
| |
|
| 6. |
NEITHER WMMB NOR ANYONE WHOSE MATERIALS OR INFORMATION
APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER
BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE), UNDER
ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES
(WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM) ARISING OUT OR IN CONNECTION
WITH YOUR ACCESS TO, BROWSING OF, USE OF (OR YOUR INABILITY
TO USE), OR RELIANCE ON THIS SITE, ANY OF THE CONTENTS
OF THIS SITE OR ANY LINKED SITES, EVEN IF THERE IS NEGLIGENCE
OR WMMB OR AN AUTHORIZED WMMB REPSRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
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. WMMBs 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 Site.
|
| |
|
| 7. |
ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO
AN ENTITYS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY,
AND HOLD WMMB, 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 PERSONS
OR ENTITYS USE OF THIS SITE AND (II) ALL LIABILITIES,
COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS'
FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS
BY SUCH PERSON OR ENTITY.
|
| |
|
| 8. |
This Site is controlled, maintained, and serviced by
WMMB within the State of Wisconsin, United States of
America and is made available only to provide information
about WMMB. WMMB controls and operates this Site from
its headquarters in Madison, Wisconsin, United States
of America. Those who choose to access this Site 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 Site in violation of U.S. export laws
and regulations. This Site 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 Site
both you and WMMB 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 Site. You and WMMB 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 Site.
|
| |
|
| 9. |
Except as provided by WMMBs Privacy Policy, all
remarks, questions, suggestions, ideas, graphics, data
or other information communicated to WMMB directly through
this Site or e-mail will become the exclusive property
of WMMB, and is, and will be treated as, non-confidential
and nonproprietary, and may be used for any purpose,
including, but not limited to, reproduction, transmission,
publication, broadcast, and posting. Furthermore, WMMB
is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to this Site
for any purpose whatsoever, and WMMB will not incur
any liability as a result of any similarities to the
communicated materials that may appear in WMMBs
products, business or services.
|
| |
|
| 10. |
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 WMMB relating to the use of this Site and it cannot
be modified orally by any representative of WMMB. Any
agreement which varies these Terms and Conditions must
be made in writing and signed by you and WMMB. Any cause
of action you may have with respect to your use of the
Site must be commenced within one (1) year after the claim
or cause of action arises. |
| |
|
| 11. |
WMMB may terminate, change, suspend, or discontinue
any aspect of this Site, including the availability
of any features of or contained in the Site, at anytime.
WMMB may also impose limits on certain features and
services or restrict your access to all or parts of
the Site without notice or liability. WMMB 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.
WMMB reserves the right, in its sole and exclusive
discretion, to revise these Terms and Conditions at
any time. Changes in these Terms and Conditions will
be effective when made and posted to the Site. Since
you are bound by all revisions made by WMMB, you should
review this page each time you connect to WMMBs
Site. Your continued use of the Site after any changes
to these Terms and Conditions are posted will be considered
acceptance of those changes.
|
|