TERMS OF USE AGREEMENT BETWEEN USER AND DAIRY FARMERS OF AMERICA

PRIVACY POLICY

At Dairy Farmers of America, Inc. ("DFA"), we are committed to safeguarding your privacy on our website and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and website. The DFA Privacy Policy does not apply to products or services provided, or information obtained, other than through the website. Please keep in mind that whenever you voluntarily disclose information online, that information is accessible to other customers and users.  Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information.  This policy may be updated by us from time to time, so please check here frequently. Please keep in mind that some of the services mentioned specifically in this policy may not be available on the site at this time. If you have questions concerning this policy, please contact DFA Risk Management at dfariskmanagement@dfamilk.com.

TERMS OF USE

Please read this agreement ("Agreement") carefully before using our website at www.dfariskmanagement.com. By accessing or using our website, you agree to be bound by this Agreement and all of its terms.  This Agreement is between DFA, you the user, and, if you are using the website on behalf of a company or organization, such company or organization shall also be considered a party to this Agreement.

You should periodically review the most up-to-date version of this Agreement at http://www.dfariskmanagement.com/dfa-policies.  We may, in our sole discretion, modify or revise the terms of this Agreement and policies at any time, and you agree to be bound by such modifications or revisions.  Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

We are not engaged in rendering legal services or other such advice.  Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.

DFA does not make, and expressly disclaims, any express or implied guaranty, representation, or warranty regarding any opinions or statements set forth herein.  DFA is not acting as your consultant or advisor or in a fiduciary capacity, for any purpose, and is not providing advice regarding the value or advisability of trading in commodity interests, including swaps, futures contracts and commodity options or any other activity that would cause DFA or any of its affiliates to be considered a commodity trading advisor under the Commodity Exchange Act.  None of the information contained herein should be construed as trading or risk management advice.  Before undertaking any trading strategy, you should consult your own independent advisors. 

We grant you access to this website during the term of this Agreement solely to receive information contained in the various tools provided in the risk management portal to the website ("Member Services and Information").  You may access, download, and print materials as necessary to receive the Member Services and Information.  You may not license, copy, distribute, create derivative works from, frame in another web page, use on any other website, or sell or otherwise provide to any third party any information, databases or lists obtained from this website.  When we request, you agree to provide true, accurate and complete user information.  You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission.  You will comply with all privacy laws. 

PROPRIETARY RIGHTS

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to DFA.  No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of DFA.

YOUR ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Members may not share their username or password with any third party.  DFA may terminate your access to the website at any time.  If your status as a user of this website is terminated by DFA, you must immediately (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from this website.

Use of the members-only portions of the website by a non-member is a violation of our copyrights and other proprietary rights and is strictly prohibited.  Violations of these terms, including the DFA Terms of Use may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive actions.

CONFIDENTIAL INFORMATION

You agree that you will not disclose Confidential Information to any person or entity outside of your organization.  You will not use or permit the use of any Confidential Information except as necessary in connection with the Member Services and Information.  You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care.  "Confidential Information" means all information or material which:  (i) is obtained from password protected portions of the website, or (ii) which is (A) marked "Confidential," "Restricted," or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.  Confidential Information includes DFA offering terms, pricing, quotes and other such financial and product related information.
 
NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to DFA that you will not use this website for any purpose that is against the law or prohibited by these terms.  If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website.  You may not republish DFA content or other content from this website on another website or use in-line or other linking to display such content without our permission.  You may not introduce viruses, spyware or other malicious code to this website.  You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE TOOLS, PRODUCTS AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK.  DFA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DFA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

You agree to indemnify, defend and hold harmless DFA, its affiliates, officers, and employees from any claim, demand or expense (including attorneys' fees) due to or arising out of (i) your use of the DFA Risk Management website, and (ii) any information or materials provided on the DFA Risk Management website.

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than DFA or its affiliates.  Such hyperlinks are provided for your reference only.  We do not control such websites and are not responsible for their content.  If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators.  Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk.  Furthermore, because the DFA privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

LINKS TO OUR WEBSITE

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray DFA, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter;  (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website.  You may not use any DFA logo or other proprietary graphic or trademark as part of the link without express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this website. 

CHANGES TO WEBSITE

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time.  We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement.  Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website shall be deemed your acceptance of the modified Agreement.

 

INTELLECTUAL PROPERTY AND ABUSE POLICY

DFA supports the protection of intellectual property.  We have established the following policies for considering intellectual property infringement or abuse claims.

A. Trademark Claims

We will respond to allegations of trademark violations by users in accordance with the following procedure.  When a valid trademark violation notification (as described below) is received, we respond under this process by taking down the offending content.  After taking down content under this policy, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed.  On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged defamer from engaging in the defamatory activity.

To File a Trademark Notification:

If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), you must provide a written notification.  A written notification must be made.  This can be done either by fax or written letter (regular mail or courier).  Emails will not be accepted unless a prior arrangement has been made.  The notification must:

1. Identify in sufficient detail the trademark that you believe has been infringed upon (i.e., describe the trademark), including:
a. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
b.  The jurisdiction or geographical area to which the mark applies.
c. The name, post office address and telephone number of the owner of the mark.
d. The goods and/or services covered by or offered under the mark identified above.
e.  The date of first use of the mark identified above.
f. The date of first use in interstate commerce of the mark identified above.
2. Identify the material that you claim is infringing your trademark.  For example "The allegedly infringing mark I am referring to is located on the home page to the website."
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. Provide information, if possible, sufficient to permit us to identify the user(s) who posted the content that allegedly contains the infringing mark.  You may also provide screenshots or other materials that are helpful to identify the marks in question.  (This is for identification only, not to "prove" substantive claims.)
5. Include the following statement: "I have good faith belief that the use of the marks described above and contained on the website is not authorized by the trademark owner, its agent, or by protection of law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper and have it notarized by a Notary Public.

You may be liable for damages if you falsely claim that a post infringes your trademark.  We recommend contacting an attorney if you are unsure whether a mark is protected by trademark laws.

B. Copyright Claims

We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA").  The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.  When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content.  After taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed.  If the post is anonymous, we will likely be unable to contact the owner of the removed content.  On receiving a valid counter-notification from the owner of the content, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

To File a Copyright Notification:

A written notification must be made.  This can be done either by fax or written letter (regular mail or courier).  E-mails will not be accepted unless a prior arrangement has been made.  The notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
2. Identify the material that you claim is infringing your copyrighted work.  For example "The allegedly infringing work I am referring to is located on the home page to the website."
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. Provide information, if possible, sufficient to permit us to identify the user(s) who posted the content that allegedly contains infringing material.  You may also provide screenshots or other materials that are helpful to identify the works in question.  (This is for identification only, not to "prove" substantive claims.)
5. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the website is not authorized by the copyright owner, its agent, or by protection of law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper and have notarized by a notary public. 

Please note: The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that a posting is infringing your copyrights.  We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.

C. Counter Notification Policy

If you receive a trademark or copyright notification, you may provide a counter notification. The counter notification must be in writing.  This can be done either by fax or written letter (regular mail or courier).  Emails will not be accepted unless a prior arrangement has been made.  In the counter notification:

1. List material that was removed by the website and the location at which the material appeared before it was removed.  Please identify the material in sufficient detail.
2. Provide your name, address, telephone number, email address (if available).
3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the United States District Court for the Western District of Missouri if your address is outside of the United States).
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
6. Sign the paper and have it notarized by a Notary Public.

D. Repeat Infringers

It is DFA's policy, in its sole discretion, to provide for the termination of members who violates the Intellectual Property and Abuse Policy, or are repeat infringers of copyrighted work, trademarks or any other intellectual property, or who otherwise abuse, harass or otherwise violate the Acceptable Use of Website provisions above.

MISCELLANEOUS

This website is intended for and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States.  This Agreement and the resolution of any dispute related to this Agreement or this website shall be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law.  Failure by DFA to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Any legal action or proceeding between DFA and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Missouri, County of Platte.  Each party hereto irrevocably waives any and all rights to trial by jury in any suit, action or proceeding arising out of or relating to this Agreement. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
DFA, its logo, and other logos, product and service names are trademarks and service marks owned by or licensed to DFA or its affiliates (the "Marks").  Without the prior written permission of DFA, or its appropriate affiliates, you agree not to display or use the Marks in any manner.

All other trademarks are the property of their respective owners.

© Copyright 2012 Dairy Farmers of America, Inc. All rights reserved.