- Acceptance of contract terms.
As a User of the Site, you agree to provide the Site with accurate information in connection with the Site and to maintain and update such User Information promptly as necessary. You are solely responsible for the information you provide on the Site and for the information you use that you view on the Site. With regard to the content of any submissions you may make through this Site you agree to remain solely responsible for such content and agree to not submit content or other materials that are unlawful, defamatory, abusive, or obscene. You also agree that you will not submit anything (including content or other materials to the Site that violates or infringes any right of a third-party including patent, copyright, trademark, privacy, or other personal, intellectual property or other proprietary rights
- Data Usage.
You acknowledge and agree that Cabot may use information that is collected about Users, or submitted by Users, and aggregate such information into groups so that it no longer reflects or references an individually identifiable User, for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create, refine and improve Cabot and Cabot affiliates’ products and the Site.
- The Site.
Cabot reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
- Links to Other Sites.
- No Representations or Warranties; Disclaimer; Limitation of Liability.
CABOT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MATERIALS AND/OR CONTENT ON THE SITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE CONTENT, THE SITE AND/OR ANY LINKS TO THIRD PARTY WEBSITES AT YOUR OWN RISK.CABOT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS CONTAINED ON OR IN THE SITE. THE SITE IS OFFERED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CABOT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY INFORMATION WHICH IS POSTED TO THE SITE OR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION POSTED TO THE SITE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, INFORMATION POSTED ON ANY RELATED BLOG.IN ANY EVENT, CABOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF CABOT HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL CABOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE UNITED STATES DOLLARS (US $1.00).
THE INFORMATION CONTAINED ON THE SITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONFIDENTIAL. INFORMATION TRANSMITTED TO OR FROM THE WEBSITE MAY NOT ENCRYPTED. ANY INFORMATION OR CONTENT YOU PROVIDE YOU DO SOLEY AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH CABOT OR THIRD PARTIES.
- Trademarks and Copyrights.
The content included on the Site, such as text, graphics, data, information, images, software, trademarks, service marks, logos, and trade dress are the intellectual property of Cabot and its affiliates and subsidiaries, or its licensors in the United States and/or throughout the world (collectively the “Marks”). Any third-party trademarks or content on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Cabot. Those uses that are authorized must comply with Cabot’s trademark usage guidelines (provided when necessary upon request, at Cabot’s discretion). The images, text organization and layout, other content and the Site’s look and feel (collectively the “Materials”) of the Site are the property of Cabot or its licensors and are copyrighted and protected by worldwide copyright laws and treaty provisions. Cabot does not authorize any downloading, distribution, framing or republication of any Materials on the Site without its prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Cabot will enforce its intellectual property rights to the fullest extent permitted under the law. Except as set forth herein, all rights to the Marks and the Materials are hereby reserved by Cabot and/or its licensors or content providers.In the event you upload or otherwise provide any content to us to upload, including without limitation photographs, to the Site, you (i) represent and warrant to Cabot and its subsidiaries and affiliates that you have all rights necessary to upload or otherwise provide such content to the Site; (ii) agree to indemnify, defend and hold harmless Cabot and its subsidiaries and affiliates for any third party claims related thereto; and (iii) hereby grant to Cabot and its subsidiaries and affiliates a perpetual non-cancellable royalty free license to use such content for any purposes in any media now existing or hereafter developed. You agree not to disrupt, modify, or interfere with the Site or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any content, information or materials on or associated with the Site.
- Waiver and Enforceability.
- Choice of Law and Jurisdiction.
- Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cabot’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Agri-Mark Inc., email: email@example.com; facsimile: 802-496- 1210. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. SMS/MMS TERMS FOR CABOT’S MOBILE MESSAGING PROGRAM
User Opt In: To opt in to join the Program, you should text the advertised keyword CHEDDAR to 47443 to receive promotional alerts from Cabot. The Program allows Users to receive SMS/MMS messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this SMS/MMS Agreement applies to your participation in the Program and you unambiguously agree to receive texts at the phone number used at the time of opt-in. You acknowledge and agree that your participation in the Program does not require, as a condition of your participation, the purchase of any property, goods or services.
By subscribing to the mobile messages for the Program, you agree to receive autodialed marketing messages to the telephone number used at the time of opt in. Message frequency may vary. Message and data rates may apply. Consent is not required as a condition of purchasing any goods or services and this Agreement is subject to change. The mobile carriers are not liable for delayed or undelivered messages and message and data rates may apply.
User Opt Out: In the event that you change or deactivate your mobile number or decide to opt out of the Program, it is your responsibility to text STOP to 47443 to opt out or call Cabot at (888) 792-2268 to have your number removed. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using or change the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of or change your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE OR ERROR IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Support Instructions: For support regarding the Program, text “HELP” to 47443, or call (888) 792-2268 for assistance. Opt outs must be submitted in accordance with the procedures set forth above. Message and Data rates may apply.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable Law to use and/or engage with the Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes: Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information; and Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. You agree that mobile carriers are not liable for delayed or undelivered messages.
Agri-Mark, Inc. d/b/a Cabot Creamery Cooperative
193 Home Farm Way
Waitsfield, VT 05673
Attn: Customer Service
- Collection of Personal Information. It is not necessary to provide any Personal Information to use the Site. You can visit much of the Site without telling Cabot who you are or submitting any Personal Information. However, in order to take advantage of certain features available through the Site, it may be necessary to provide Personal Information. Cabot may ask for some Personal Information when you send a comment or question or enroll in a feature, or when you request information through the Site. The Personal Information may include your name, telephone number, e-mail address, and possibly other information. If you do not want to give Cabot Personal Information, you should choose not to use those features of the Site.
- Use and Disclosure of Personal Information. Cabot may use your Personal Information that you submit for only limited purposes. Cabot uses Personal Information you provide to provide you with the information and services that you request. Also, Cabot may use your Personal Information in aggregate form to help evaluate and modify existing services and to help develop additional services that are likely to be of interest to visitors of the Site. Cabot may provide Personal Information to an affiliate entity of Cabot, its collaborators, and service providers that Cabot may engage to assist Cabot. For example, Cabot may provide your Person Information to an organization in order to deliver information you have requested. Cabot may also disclose information if it reasonably believes it is required to do so by law, regulation or other government authority request. Cabot will also disclose information if it believes it is necessary to protect Cabot or the Site’s visitors or to operate and manage its business.
- Collection and Use of Non-Personal Information. Cabot may automatically collect information through the Site that, alone, cannot be used to identify you (referred to as “non-personal information”). Examples may include IP host address, web pages viewed, browser type, referring website, usage and browsing habits on the Site and similar data. Cabot may also aggregate demographic information collected from its Users (such as the number of users in a particular geographic location) in a manner which does not identify any one individual. Cabot may use this non-personal information in aggregate form for product and service development, for market analysis, and to understand how to improve the quality of the Site. In doing so, Cabot may provide it to third parties.
- Receiving Promotional Materials. Cabot may send you information or materials such as emails or newsletters by e-mail or postal mail when you submit your e-mail or postal mail address via the Site or an affiliate’s website. You may “opt-out” of receiving the e-mails by using the unsubscribe feature included in the e-mails you receive. Also, if you do not want to receive this information or materials, you can send an email with your name, mailing address and email address to firstname.lastname@example.org. When Cabot receives your request, Cabot may take reasonable steps to remove your name from its address lists.
- NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS. THE WEBSITE IS ONLY INTENDED FOR ADULTS AND IS NOT DIRECTED TOWARD CHILDREN UNDER THE AGE OF 13. CABOT DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13 AND WOULD LIKE TO CONTACT CABOT PLEASE DO SO ONLY THROUGH YOUR PARENTS OR LEGAL GUARDIANS. IF YOU ARE UNDER THE AGE OF 13 PLEASE DO NOT SEND CABOT ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION. IF YOU ARE THE PARENT OR GUARDIAN OF A CHILD UNDER THE AGE OF 13 WHO YOU BELIEVE MAY HAVE PROVIDED PERSONAL INFORMATION TO CABOT, PLEASE CONTACT CABOT AND CABOT WILL PROMPTLY DELETE SUCH INFORMATION FROM ITS FILES.
- Links to Other Sites. Some of the Site features may contain links to third party websites or services that are not under Cabot’s control. Such links do not constitute an endorsement of those third parties, or the content displayed on their sites. Cabot provides these links to you only as a convenience, and any information you provide to those third parties will be used as described by the third parties in their own privacy policies. Cabot does not have any liability for your use of such websites. You acknowledge and agree that your use of such websites is at your sole option and risk.
- Location of Data. Your Personal Information may be transferred to, stored and processed in the United States or any other country where we have facilities, operations or vendors, and by providing us with your information, you consent to the transfer, storage and processing of such information outside of your state and/or country.
- Your California Privacy Rights. If you are a California USA resident, under California law you are entitled to information on the kinds of your Personal Information gathered by the Website and how this Personal Information may be shared with other parties and by contacting Cabot you can review and make changes your stored Personal Information. To contact Cabot for this purpose if you are a California resident, please submit a written request to the following address: email@example.com. Please include your name and the address to which you would like Cabot to respond. Please allow at least thirty (30) days for a response.
Agri-Mark, Inc. d/b/a Cabot Creamery Cooperative
193 Home Farm Way
Waitsfield, VT 05673
Attn: Customer Service