Online Terms of Service
PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE PET DAIRY® ("DEAN FOODS®, INC.") WEBSITE (this "Site").
Users of this Site agree that access to and use of this Site are subject to the below terms and conditions ("Terms and Conditions"). By visiting, using and/or submitting information this Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions apply to you, PET Dairy®, its affiliates and this Site.
You are advised and encouraged to visit this Site on a regular basis to review our most current Terms and Conditions and review any changes that may have been made. You agree to be bound by our most current Terms and Conditions. PET Dairy® reserves the right to amend these Terms and Conditions at any time in its sole discretion and without notice.
YOUR RIGHT TO ACCESS AND USE THIS SITE
You are only entitled to access and use this Site for lawful purposes and pursuant to these Terms and Conditions. Your access and use of this Site may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair activities that PET Dairy® may undertake from time to time, or other actions that PET Dairy®, in its sole discretion, may elect to take. PET Dairy® reserves the right to suspend or discontinue the availability of this Site and/or any portion or feature of this Site at any time in its sole discretion and without prior notice.
LEGAL TERMS AND CONDITIONS
No Reliance on Oral Representations
This is not intended to be and does not constitute an offer in any state or jurisdiction where prohibited by law. All information contained within this website is subject to change without notice. All features, dimensions and specifications are subject to change without notice.
Disclaimers
PET Dairy® attempts to provide complete accurate information on this Site. However, PET Dairy® does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site and shall have no liability for damages of any kind arising out of information on this Site.
PET Dairy® shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the Terms and Conditions; (ii) your access and use of this Site; (iii) your inability to access or use this Site for any reason; (iv) your downloading of any of the Content; or (v) your reliance upon or use of the Content. Use of the Content is at your sole risk.
Everything on this Site and the content contained herein are provided "AS IS" and without warranties of any kind, whether express or implied. To the maximum extent permitted under applicable law, PET Dairy® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purposes, and non-infringement.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above limitations on PET Dairy®'s liability may not apply to you, and you may have additional rights.
All website information is subject to change without notice. All features, dimensions and specifications are subject to change without notice. All product photography is of real PET Dairy® products and PET Dairy® expressly reserves the right to make modifications.
Links To and From This Site
This Site may contain links to other web sites operated by separate entities, some of which are not related to or affiliated with PET Dairy®. PET Dairy® has no liability for third party links. PET Dairy® has no control over the information on these sites or the products or services on them, and therefore makes no representations and accepts no responsibility regarding the accuracy or suitability of the information, data, opinions, advice, services, or products described on them. PET Dairy® provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Use of these links and any reliance on the content of the web sites accessed thereby is, therefore, at the user's own risk and users are advised to make their own enquiries regarding the third parties described or linked on this Site.
By linking to sites operated by third parties, PET Dairy® is not authorizing the reproduction of any material on such sites, as such material may be the subject of intellectual property rights. Any software programs that may be downloaded via this Site (or links to this Site) are products belonging to third parties. You use such third party software at your own risk and such software is likely to be subject to licensing terms imposed by the owner of the software.
Your Transmissions, Submissions and Postings to this Site
You shall not transmit, submit or post information to this Site that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
PET Dairy®'s Intellectual Property Rights
The name PET Dairy® and the trademarks, logos and graphics on this Site are proprietary to PET Dairy®, and may not be used by you without the prior express written permission of PET Dairy®, which permission may be withheld in PET Dairy®'s sole discretion.
The data and content viewable on, contained in, and/or downloadable from, this Site, including, without limitation, all text, graphics, pictures, photographs, images, line art, icons and other renditions (collectively, the "Content") is copyrighted by PET Dairy®. Additional content that does not belong to PET Dairy® belongs to their respective copyright holders. PET Dairy® also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.
You shall be solely responsible for any damage resulting from your infringement of PET Dairy®'s intellectual property rights and/or any other harm incurred by PET Dairy® as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the names, trademarks, logos and/or Content for purposes that are contrary to the terms and conditions of the Terms and Conditions.
Your Use of the Content
Without the prior written consent of PET Dairy®, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, compilation, distribution, redistribution, transmission, publication or use of the Content, other than the non-commercial use of the Content as permitted by the Terms and Conditions, is permitted by you without the express prior written permission of PET Dairy®, which permission may be withheld in PET Dairy®'s sole discretion.
Framing, Linking and Metatagging this Site
You may not frame or utilize any framing techniques regarding this Site and/or the Content. You may not link to this Site without the express written permission of PET Dairy®. You may not use any metatags or any other hidden text utilizing PET Dairy®, this Site or any of PET Dairy®'s trademarks, logos or graphics.
PET Dairy® Makes No Representations or Warranties Regarding the Content
The Content is being provided to you on an "as-is" basis. PET Dairy® does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, safety and reliability of the Content on this Site.
PET Dairy® makes no representation, warranty or guarantee that this Site or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Your Questions, Comments & Complaints
PET Dairy® encourages you to provide PET Dairy® with feedback regarding these Terms and Conditions. If you have questions, comments or concerns regarding these Terms and Conditions, please email our PET Dairy® webmaster at adam.fields@thebounceagency.com If you feel that PET Dairy® is not abiding by these Terms and Conditions at any time, please immediately contact us via email at adam.fields@thebounceagency.com.
Your Indemnification of PET Dairy®
You shall defend, indemnify and hold harmless PET Dairy® and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of the Terms and Conditions by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of this Site; or (iv) your use of the Content.
Miscellaneous
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions.
The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
All covenants, agreements, representations and warranties made in these Terms and Conditions, as may be amended by PET Dairy® from time to time, shall survive your opting out of these Terms and Conditions and the termination of these Terms and Conditions. These Terms and Conditions cannot be orally modified or amended.
These Terms and Conditions represents the entire understanding and agreement between you and PET Dairy® regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.