PLEASE READ THIS DOCUMENT CAREFULLY.  O-AT-KA Milk Products Cooperative, Inc (“Us”, “We”, or “Our”) welcomes (“You” or “Your”) to Our website (“Site”). This Site is intended for general audience and commercial use. Your use of the Site and/or the Service constitutes Your acceptance of all of the following terms and conditions (“Terms of Use”). 

Use of this Site constitutes agreement to the most current version of the Policy posted on the Site and the Terms it contains therein.  If you do not agree to these terms of use, we do not authorize you to use the site. 

We reserve the right to make changes to these Terms of Use at any time, without notice to You, and You agree to be bound by all such modifications and updates. 

1. Your Rights to Use the Service

Except for User Content (as defined below), any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Site (“Site Content”), and all copyrights, trademarks, service marks, patents, and other intellectual property rights are Our property or the property of Our licensors.  All rights not expressly granted herein are reserved.  

Unless You have agreed with Us otherwise in writing, nothing in the Terms of Use gives You a right to use any of Our trade names, trademarks, services marks, logos, trade dress, domain names, or other distinctive brand features.  You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site.

You understand and agree that rights granted to You are provided on the condition that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, publicly sell, lease, or transfer the Service or any part thereof or likewise attempt to discover any source code, modify the Service in any manner or form, or use unauthorized modified versions of the Service, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service.  

You agree not to access the Service by any means other than the interfaces that We provide to You. You shall not download any Site Content without Our consent, which shall be expressed by a “download” link.  You shall not copy, reproduce, transmit, display, sell, license, or otherwise exploit any Site Content without Our express written consent.

We do not guarantee the accuracy, integrity or the usefulness of the Site Content available via the Service.  

2. Privacy Policy

As a condition to using the Service, You agree to the terms of the site’s privacy policy (“Privacy Policy”).  Information collected about You by the Service is subject to the Privacy Policy, which may be updated from time to time without notice to You and is hereby incorporated by reference.  The most current version of the Privacy Policy may be found at www.oatkamilk.com under Privacy Policy.

3. General Practices Regarding Use and Storage

You acknowledge that We may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that email messages, message board postings or other uploaded content is retained by the Site; the maximum number of emails that can be sent or received by an account; the maximum disk space allotted on servers for an account; and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that We have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Our servers. You acknowledge We have the right to log off accounts that are inactive for an extended period of time. You further acknowledge that We reserve the right to change these general practices at any time with or without notice.

4. Content and Obligations

Areas of Our Site permit You to input content (e.g., product feedback).  Any content You upload to the Site, including multimedia documents, videos, text, photographs, graphics, images, information, and other content enabled by the Site from time to time (“User Content”) may be accessed by You and other users, subject to the restrictions set forth herein.  Do not submit User Content if You do not want other users to have access to it.  

You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete.  You agree that if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, We have the right to suspend or terminate Your use of the Service or any portion thereof. Under no circumstance will we be held liable for any errors or omissions in any User Content.

By submitting User Content to the Site, You grant Us, the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform, and display such User Content (in whole or part, including modified or adaptive versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership.

5. Access and Security

You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Service.  You expressly consent to Our receipt and storage of electronic communications and/or Your data, and You understand that Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Us.  You understand that changes to Your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices.  You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means.  You agree that We are not responsible for any electronic communication and/or Your data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Us.

6. Links and Dealings with Outside Parties

We have no control over any links or other resources available to You via the Service and Your interaction with and third parties via the Service are solely between You and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.

You acknowledge that the opinions and recommendations contained in the Site are not necessarily Ours or endorsed by Us, or Our sponsors, business affiliates, or related parties. We may provide links on the Site to other websites which are not under Our control. In general, any website which has an address (or URL) which does not contain "oatkamilk.com" is such a website. These links are provided for convenience and reference only and are not intended as an endorsement by Us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. The terms and conditions and privacy policies of such websites govern your use of the services offered on those websites.  

7. Representations and Warranties

You represent and warrant that:

a. all of the information You provide to Us is correct;

b. You have all necessary right, power and authority to enter into this agreement and to perform the acts required of You under this agreement;

c. You own or otherwise have the right to use, post, and disclose Your User Content on the Service and that the use of such Content will not infringe or violate any of the rights of any third party pursuant to applicable laws (and hereby grant to Us the right to use, reproduce, display, perform, adapt, modify, distribute and have Your Content distributed);

d. You will not harass or cause distress or inconvenience to any person via the transmission of obscene or offensive Content;

e. You will not gain or attempt to gain unauthorized access to the Services, User Content, or computer systems and networks connected to the Site or disrupt the normal flow of any access to, or use of, the Service;

f. You agree to comply with all local rules regarding online conduct and acceptable Content;

g. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside;

h. Impersonate another user, person, or entity, or falsely state or otherwise misrepresent your affiliation with another user, person, or entity; 

i. Collect and store personal data about other users, “cyber stalk” or harass another user or engage in conduct that negatively affects the on-line experience of another;

j. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation; 

k. Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;  

l. Reproduce, modify, rent, lease, loan, sell, trade, resell, or create derivative works based on the Site Content or User Content for any purpose;

m. Attempt to take any action that, in Our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site;

n. Interfere with the operation of the Services or other computers or internet or network connections; or

o. Attempt to circumvent, disable, or otherwise interfere with security-related features of the Service or features that restrict or prevent use or copying of Site Content.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   We are not responsible for the unavailability of the Services or the Site.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE TIMELY, SECURE OR ERROR-FREE OR OPERATE IN AN UNINTERRUPTED FASHION; (iii) ANYTHING GENERATED BY OR OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS WILL BE CORRECTED; AND

c. ANY MATERIALS OBTAINED VIA THE SERVICE SHALL BE SOLELY AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SYSTEMS OR OTHERWISE OR LOSS OF DATA THAT RESULTS FROM ANYTHING OBTAINED VIA THE SERVICE.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING ALL OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY CHANGES THAT WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (3) YOUR FAILURE TO PROVIDE US WITH ACCURATE PERSONAL INFORMATION OR TO COMPLY WITH THE TERMS OF USE; (4) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE SITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT, OR RESOURCES; (5) OR ANY VIRUSES, TROJAN HORSES, WORKS, TIME BOMBS, CANCELBOTS, OR ANY OTHER HARMFUL OR DELETERIOUS SOFTWARE PROGRAMS ENCOUNTERED BY YOUR USE OF THE SERVICES.

10. EXCLUSIONS AND LIMITATIONS

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree that You will indemnify, defend and hold harmless Us and Our sponsors, business affiliates, subsidiaries, agents, officers, directors, employees, and volunteers from all claims arising out of or related to Your access or use of, or Your inability to access or use, this Site or the information contained in this Site or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site or another website to which it is linked that appear to You or are construed by You to be obscene, offensive, defamatory, or that infringe upon Your intellectual property rights. In no event will We or the contributors of information to the Site be liable to You or anyone else for any decision made or action taken by You in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

12. Copyright Dispute Policy

We are dedicated to operating in accordance with U.S. and International Intellectual Property Rights and Copyright Laws and ask You to comply as well.

If We receive a notification of suspected copyright infringement, We reserve the right to remove or prohibit access to such materials. A counter-notice may be submitted if You believe such notice of suspected copyright infringement was mistakenly filed.

We reserve the right to terminate remove any content, in our sole discretion, until content can be verified or infringement claim is repealed.

Notification of Claimed Copyright Infringement

If You believe Your copyrights have been infringed because of material appearing on a web page We host, or you would like to file a counter-notification, please contact us immediately at the address below.  

By Mail: 700 Ellicot Street, PO Box 718, Batavia, NY 14021-0718

or
By Email: busdev@oatkamilk.com

Please note: Misrepresentations and false responses to claims of copyright infringement may subject You to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys fees. We will make every effort to respond in a reasonable amount of time upon receipt of notification.

Other Violations

Please contact us at any of the above addresses to report any other actual or potential violation of the Terms. 

13. GENERAL INFORMATION

a. All rights reserved. Unless otherwise indicated, all information contained on this Site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to O-AT-KA Milk Products Cooperative, Inc, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Site. The user may also make a single copy of the Content displayed on any page of the Site to be used by the user for personal and noncommercial uses which do not harm Our reputation, or that of Our sponsors or business affiliates, and/or their respective licensors, provided that the user does not remove any trademarks, copyright and any other notice contained in such content. All software used on the Site is Our property or Our licensors and is subject to U.S. and international copyright laws. 

b. Except for the Privacy Policy, this constitutes the entire agreement between Us and You and governs Your use of the Service and supersedes any prior agreements between Us and You with respect to the Service.

c. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.

d. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”).  The arbitration will take place in Batavia, NY.  You and We shall select jointly one arbitrator from a panel of arbitrators submitted to the Parties by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry.  If the Parties are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator.  The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.  You and We agree to arbitrate solely on an individual basis, and that the Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

e. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST US ARISING OUT OF YOUR USE OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

f. We make no representation that materials on the Site are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

g. Our failure to exercise or enforce any right or provision of the Terms or Other Policies shall not constitute a waiver of the right or provision. If any provision of the Terms or Other Policies is found by a court of competent jurisdiction to be invalid, then You agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms and Other Policies remain in full force and effect.

h. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party.  If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist. 

i. You may not assign your rights under these Terms of Use, but We may assign Our rights in these Terms of Use without restriction.