Terms of service
MILKSOURCE TERMS OF SERVICE
Last Updated: May 25, 2018
This is a legal agreement (“Agreement”) between you and Milksource LLC, a company formed under the laws of the state of New Jersey ("Company," “we,” “us,” “our,” or "Milksource"). By using our website, located at http://www.themilksource.com/ (“Website”), and/or other services we provide including, but not limited to, our online classes and e-consultations (collectively, “Milksource Services” or the “Service”), you become a user (“User” or “Users”) and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Milksource Services. If you do not agree to be bound by this Agreement, then you must not access or use Milksource Services.
Your use of, purchase of, or participation in, Milksource Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use Milksource Services. Milksource may offer additional services or revise any of the Milksource Services, at its discretion, and this Agreement will apply to all additional services or revised services. Milksource also reserves the right to cease offering any of the Milksource Services.
This Agreement is subject to change by Milksource in its sole discretion at any time, with or without notice. Your continued use of Milksource Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the top of this Agreement to determine when the Agreement was last revised.
Minimum AgE. You must be at least 13 years old to use and register for Milksource Services. By registering, you represent and warrant that you are at least 13 years old. Users between the ages of 13 and 18 must (i) review this Agreement with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to this Agreement, and (ii) not access Milksource Services if his or her parent or legal guardian does not agree to this Agreement.
- Geographic Limitations. Using Milksource Services may be prohibited or restricted in certain countries. If you use Milksource Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use Milksource Services. By using Milksource Services, you are representing and warranting that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, Milksource Services are void where prohibited. To the extent that Milksource Services are not legal in your jurisdiction, you may not use Milksource Services. Milksource Services may not be used where prohibited by law.
- Exclusive Use. You may access and view the content on the Website on your computer or other internet compatible device for your personal, internal use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable revocable license to use such materials solely to utilize the Services. Such license will terminate when you no longer use the Services. The Website and the Services, including any content and materials thereon, are only for your personal, non-commercial use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
- Prohibited Use. Any commercial distribution, publishing or exploitation of the Website and/or Services, or any content, code, data or materials on the Website, is strictly prohibited. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website. If you improperly use the Services, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law.
- Assumption of Risks and Limitation of Liability. Milksource is a lactation education and support resource for parents. The purpose of this Website is to promote general understanding and knowledge of breastfeeding and parenting topics. You assume all risks when using the Services and agree to hold harmless, waive, release, and indemnify Milksource, and their employees, agents, volunteers, officers and directors from any and all liability and claims connected with your participation in programs and receipt of Services offered by Milksource. The Services is not intended to be a substitute for professional medical advice, diagnosis or treatment. Milksource assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to this Website.
- Interference of Service. You must not interfere with or disrupt Milksource Services or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Milksource Services is rendered or displayed in a User’s browser or device.
- Content Removal. Milksource reserves the right, but has no obligation, to monitor the information or material you submit to Milksource Services or post in the public areas of the Service. Milksource has the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Ownership of Proprietary Information. Milksource owns and hereby retains all proprietary rights in the Services and the Website, including but not limited to, online courses, educational material, blog posts and all confidential information provided by Users. The Services are protected by copyright and other intellectual property laws throughout the world. Any future release, update or other addition to the Services shall be subject to this Agreement. Milksource reserves all rights not granted in this Agreement.
License to Posted Content. By posting information or content to any profile pages or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Milksource Services and its users, an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on Milksource Services in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
Trademarks. Milksource's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Milksource and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please read our Privacy Statement. By using Milksource Services, you are consenting to the terms of Milksource Services’ Privacy Statement.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Milksource Services reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Milksource Services suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Milksource Services, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Milksource Services is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, you agree to allow Milksource Services to anonymously use the information received from you through account creation, survey submissions and your activity through the Services to continue Milksource’s research. This research may be published in academic journals and other publications. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
- Payment Information. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide Milksource with valid payment information in connection with your orders. By providing Milksource with your payment information, you agree that (i) Milksource is authorized to immediately invoice your account for all fees and charges due and payable to Milksource hereunder, (ii) Milksource is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Milksource of any change in your payment information. Milksource reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, Milksource reserves the right to either suspend or terminate your access to the upaid-for services.
DISCLAIMER OF WARRANTY
MILKSOURCE SERVICES, INCLUDING, WITHOUT LIMITATION, MILKSOURCE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MILKSOURCE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "MILKSOURCE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MILKSOURCE OR VIA THE SERVICE. IN ADDITION, THE MILKSOURCE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE MILKSOURCE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE MILKSOURCE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) MILKSOURCE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MILKSOURCE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MILKSOURCE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MILKSOURCE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MILKSOURCE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MILKSOURCE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE MILKSOURCE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MILKSOURCE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
MILKSOURCE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Milksource' request), indemnify and hold the Milksource Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Milksource in the defense of any claim. Milksource reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Milksource.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Milksource must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
You agree that this Agreement, Milksource Services and any dispute arising out of or relating to this Agreement will be governed by the laws of the State of New Jersey (without giving effect to its conflicts of law principles). You acknowledge and agree that any violation of this Agreement may cause Milksource Services irreparable harm, and therefore agree that Milksource Services will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Milksource Services may have for a breach of this Agreement.
This Agreement constitutes the entire agreement between you and Milksource and governs your use of the Service, superseding any prior agreements between you and Milksource. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Milksource. Any purported assignment or delegation by you without the appropriate prior written consent of Milksource will be null and void. Milksource may assign this Agreement or any rights hereunder without your consent. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of this Agreement remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. This Agreement does not confer any third-party beneficiary rights.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Milksource Services, please notify Milksource at email@example.com as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Milksource to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Milksource.