Terms and Conditions of Use Agreement
Thank you for visiting www.naturalprairiedairy.com. PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT CAREFULLY since any use of this Website constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this Website.
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement with respect to our Website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, free product samples or freebie offers or services provided by or listed on the Website, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Website, including this Agreement.
Throughout this Website, the terms “we”, “us” and “our” refer to Natural Prairie Dairy Farms, LLC, dba Natural Prairie Dairy, a Texas limited liability company (referred to hereafter as “Natural Prairie Dairy”). “You” refers to any person accessing and/or using this Website.
1. Privacy Notice
2. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this Website, we are not responsible if the information that we make available on this Website is not accurate or complete. Any reliance upon the material on this Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.
3. Submissions to this Website
Any non-personal communication or material you submit to this Website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Natural Prairie Dairy and Natural Prairie Dairy may use and reproduce such Submission freely, and for any purpose. Specifically, Natural Prairie Dairy is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this Website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that Natural Prairie Dairy’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Natural Prairie Dairy is under no obligation to use the information submitted.
4. Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all text, images and other materials on this Website are the property of Natural Prairie Dairy or are included with the permission of the relevant owner. The content, organization, graphics, design, and other matters related to the Website are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Website is strictly prohibited, without our express prior written permission. You are permitted to browse this Website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice appears on such reproductions. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
5. Links to Other Websites
Links on this Website may take you outside the Natural Prairie Dairy network and systems and Natural Prairie Dairy accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Natural Prairie Dairy cannot be held responsible for any subsequent change in other third party websites to which we provide a link. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. This Website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Website and access these third-party linked websites, you do so at your own risk.
6. Disclaimer and Indemnity
Your use of this Website is at your own and exclusive risk.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, NATURAL PRAIRIE DAIRY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM NATURAL PRAIRIE DAIRY THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this Website or any feature of this Website or any feature or part thereof at any time.
You agree to indemnify, defend and hold us, our members, officers, attorneys and employees, harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
7. Limitation of Liability
Natural Prairie Dairy and/or any other party involved in the creating, producing or delivering this Website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this Website or arising from any other website you access through a link from this Website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
Natural Prairie Dairy and/or any other party involved in the creating, producing or delivering this Website shall have no responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.
Further, Natural Prairie Dairy shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this Website you do so at your own risk. Although Natural Prairie Dairy may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Natural Prairie Dairy is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on this Website.
To the maximum extent permitted by applicable law, you expressly waive all claims against Natural Prairie Dairy, its members, officers, directors, employees, suppliers and programmers that may arise from your use or access of this Website.
9. Prohibited Activities
You are prohibited from doing any act that Natural Prairie Dairy in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this Website including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
Using this Website to defame or libel Natural Prairie Dairy, its employees or other individuals or acting in such a way that brings into disrepute the good name of Natural Prairie Dairy.
Uploading files that contain viruses that may cause damage to the property of Natural Prairie Dairy or the property of other individuals; andPosting or transmitting to this Website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Natural Prairie Dairy’s or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.
10. Mobile Services
If Natural Prairie Dairy permits or makes available to you the ability to: (a) upload content to the Website via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Website from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Natural Prairie Dairy does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Natural Prairie Dairy via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the Website where you registered to receive such messages.
11. Jurisdiction and governing law
The Natural Prairie Dairy products, services, materials, offers and information appearing on this Website are intended for users and/or customers in the United States of America only. Natural Prairie Dairy makes no representation that the products, services, and content of this Website are appropriate or available in locations other than the United States of America. The products appearing in this Website are only visual representations and as such are not in their real size, etc.
You and Natural Prairie Dairy agree that any controversy or claim arising from or pertaining to the use of this Website shall be governed by the laws of the State of Texas, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of Potter County, State of Texas, United States of America.
12. Unenforceable Provisions and Severability
If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Legal notice update
We reserve the right to make any changes and corrections to this Agreement. Please refer to this page from time to time to review these and new additional information.
Last Updated: October 3, 2014.