TERMS OF SERVICE
This website is operated by Plains Dairy, LLC (“Plains Dairy”). Throughout the site, the terms “we”, “us” and “our” refer to Plains Dairy. Plains Dairy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using the Site in any manner, you accept and agree to be bound by the Terms. The Terms may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at www.plainsdairy.com/terms. Your continued use of the Site is your acceptance of the changed or modified Terms. If you do not agree to any of these Terms, please do not use the Site. Plains Dairy reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms constitute a contract between you and Plains Dairy governed by the laws of the Texas, with the exception of its conflicts of laws provisions.
SECTION 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 3 – USER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, recipes, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
SECTION 4 – COPYRIGHTS AND TRADEMARKS
All of the pages and screens on the Site are owned and controlled by Plains Dairy, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of, or republish all or any portion of the Site, the Site content, or any other materials received from or originating from Plains Dairy for any purpose without Plains Dairy’s prior written consent. The PLAINS NATURALLY PRODUCED DAIRY® trademark is owned by Plains Dairy, as are other marks on this website. Other featured words used on the Site to identify the source of goods and services are trademarks and service marks owned by Plains Dairy or owned by third parties. As an example, the trademarks for RED DIAMOND, Surfine, and Tampico are not registered trademarks of Plains Dairy but are used by permission. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Plains Dairy trademarks as a link to the Site except pursuant to a written trademark license agreement.
SECTION 5 – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH DMCA
In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, Plains Dairy will respond expeditiously to clear notices of alleged copyright infringement that are reported to Plains Dairy’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Plains Dairy that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.
Notice of Infringing Material
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Plains Dairy by providing Plains Dairy’s designated copyright agent listed below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identify in sufficient detail the copyrighted work that you believe has 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.
- Identify the material that you claim is infringing the copyrighted work listed in #2 above and that is to be removed or access disabled, and information reasonably sufficient to permit Plains Dairy to locate the material;
- Provide information reasonably sufficient to permit Plains Dairy to contact you, including a name, address, telephone number and email address;
- If possible, provide information sufficient to allow Plains Dairy to notify the owner/administrator of the allegedly infringing content;
- Include the following statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“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.”
- Sign the notice;
- Send the notice to:
ATTN: DMCA Agent
4975 Preston Park Blvd., Ste. 490
Plano, TX 75093
- Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.
SECTION 6 – PRIVACY
In no event shall Plains Dairy, its affiliated companies, members, officers, employees, agents, or their service providers be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special, or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether Plains Dairy was given actual or constructive notice that damages were possible, except as provided under applicable laws. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you.
SECTION 7 – PROHIBITED USES
In addition to those activities which are identified as prohibited elsewhere in these terms, you may also not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of this site for public or commercial purposes without our express written permission. Nothing on this site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Site, including, without limitation, by any way of reproducing the Site or any Plains Dairy information on any other web site without our express written permission. You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source relating to our sites, including without limitation, any service or product Plains Dairy offers. You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site. You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site. You may not use the Site in any way which depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of our site. You may not upload or transmit to the Site any device, software, program, or file that may damage the operation of any computer or the Site, including without limitation, viruses or corrupt files. You may not disguise the origin of information transmitted to, from, or through the Site. You may not circumvent any measures implemented by Plains Dairy aimed at preventing violations of the Terms. You may not violate the restrictions in any robot exclusion header. When you use the Site or Plains Dairy information for an authorized purpose, you must include all proprietary notices without changing, hiding or deleting them. You may not engage in any conduct that is, or that Plains Dairy deems to be, in violation of the Terms. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that Plains Dairy may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
SECTION 8- DIGITAL PRIVACY AND COOKIES POLICY
You may interact with us in a variety of ways online, including through a mobile device. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information, such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.
Some newer browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the websites you visit indicating that you do not wish to be tracked. Those sites (or the third-party content on those sites) may continue to engage in activities you might view as tracking even though you have expressed this preference, depending on the sites’ privacy practices.
SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Plains Dairy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plains Dairy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 – GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Amarillo, Texas. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Amarillo, Texas in all disputes arising out of or relating to these Terms of Service, our sites and site information.