QUALITY CHEKD DAIRIES, INC.
TERMS OF USE OF USE OF WEBSITE

PLEASE READ THESE TERMS OF USE OF USE CAREFULLY BEFORE USING THIS SITE.  Your use of this website is expressly conditioned on your acceptance of the following terms and conditions.  By using this website, you signify your assent to these terms and conditions.  If you do not agree with any part of the following terms and conditions, you must not use this website. 
Limited permission to view using a browser and to cache is granted.
All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software

Copyright © 2009, Quality Chekd Dairies, Inc.
ALL RIGHTS RESERVED.

1.    OWNERSHIP. 
This site, and each of its components, is the copyrighted property of Quality Chekd Dairies, Inc.  ("Quality Chekd"), and/or its various third party providers.  None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Quality Chekd.  In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Quality Chekd, its affiliates, and various third parties.  Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Quality Chekd or the owner of the Trademarks. 

2.    USE OF SITE. 
You may only use this website to browse the content, make inquiries to Quality Chekd, consider membership, obtain information and not for any other purposes.  This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Quality Chekd, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only.  ‘Deep-linking,’ ‘embedding’ or using analogous technology is strictly prohibited unless specifically authorized in writing.  Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials.  The use of such materials on any other website or in any environment of networked computers is prohibited.  Any links from this website to other websites are provided for your information and convenience only.  Quality Chekd does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation.  Quality Chekd does not review or monitor such links.  A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  While this website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Packard (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

3.    AGE AND RESPONSIBILITY. 
You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website.  You understand that you are financially responsible for all uses of this website by you {and those using any password you may be provided}. 

4.    PRIVACY. 
You represent that you have read the Quality Chekd Privacy Policy [provide link to privacy policy], the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.  You consent to the use of any information submitted to Quality Chekd by Quality Chekd and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Quality Chekd Privacy Policy. 

5.    EXCLUSION OF WARRANTY.
Quality Chekd MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS and may include technical inaccuracies or typographical errors.  Quality Chekd DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIMs ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Although Quality Chekd strives to provide on this website the latest information related to its developments, and the products and services of its members, and other information about Quality Chekd, Quality Chekd does not warrant the accuracy, effectiveness and suitability of any information contained in this website.  No warranty or representation of intended use, design or proposed improvements is made herein.  Each visitor assumes full responsibility and all risks arising from use of this website.  Quality Chekd may make additions, deletions, or modifications to the Information at any time without any prior notification.  Quality Chekd is pleased to provide useful and current information regarding the use and nuitrional value of dairy products.  The information provided by the links within the "News and Highlights" and "Resources" tabs is purely for informational purposes and does not constitute nutritional, medical advice or health guaranties of any kind.

6.    LIMITATION OF LIABILITY. 
QUALITY CHEKD ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE.  IN NO EVENT SHALL QUALITY CHEKD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY QUALITY CHEKD, EVEN IF QUALITY CHEKD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU. 

Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Quality Chekd for damages under these Terms of Use exceed one hundred UNITED STATES dollars (US$100.00).  Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

7.    INDEMNIFICATION. 
You shall defend and indemnify Quality Chekd and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website. 

8.    RELATIONSHIP. 
Your use of this website is independent of Quality Chekd and not as an employee, agent, partner, or joint venturer with Quality Chekd for any purpose.

9.    GOVERNING LAW. 
This Agreement and its performance shall be governed by the laws of the State of Illinois, without regard to its conflict of laws provisions.  You consent and submit to the exclusive jurisdiction of the courts located in or having jurisdiction over DuPage County, Illinois, in all questions and controversies arising out of your use of this website and this Agreement.

10.    ASSIGNMENT. 
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

11.    MODIFICATION. 
Quality Chekd may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.

12.    ADDITIONAL TERMS. 
Additional terms and conditions may apply to purchases of property and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.

13.    SEVERABILITY. 
These terms and conditions shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

14.    HEADINGS. 
The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

15.    ENTIRE AGREEMENT. 
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

16.    PRESS RELEASES. 
The information contained within press releases issued by Quality Chekd, and collected in a section of this website, should not be deemed accurate or current except as of the date the release was posted.  Quality Chekd and its affiliates have no intention of updating press releases, and specifically disclaim any duty to update, the information in the press releases.