Dairy Farmers of America, Inc.
Last Modified: January 31, 2018
PRODUCTS, ORDERS AND PRICING
While we use our best efforts to fulfill all orders, DFA cannot guarantee the availability of any particular product, service or price displayed on the Website. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. DFA reserves the right to (i) change any product, service or price listed on the Website at any time without notice, (ii) limit the order quantity on any product and/or refuse to sell a particular product or provide services to you and (iii) revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
The prices displayed on the Website are quoted in U.S. Dollars, are valid and effective only within the United States and do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
We may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
For further information about purchasing products from DFA, please read our Shipping & Returns Policy available on the Website.
NO UNLAWFUL OR PROHIBITED USE
DFA’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of DFA or its affiliates/subsidiaries (the “Marks”). You must not use the Marks in any manner without the prior written permission of DFA or its appropriate affiliates/subsidiaries. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
DFA respects the intellectual property rights of others. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. DFA will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Website's Designated Agent who is:
DMCA Copyright Agent
To be effective, your notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE (OR ANY PORTION THEREOF) AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER DFA NOR ANY PERSON ASSOCIATED WITH DFA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DFA NOR ANYONE ASSOCIATED WITH DFA REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE (OR ANY PORTION THEREOF) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, (I) IN NO EVENT WILL DFA BE LIABLE, UNDER ANY LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER AND/OR (B) DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, REVENUES, INVESTMENTS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES; AND (II) THE MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PORTION THEREOF (UNDER ANY LEGAL THEORY) SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DFA THROUGH YOUR USE OF THE WEBSITE OR ANY PORTION THEREOF. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU MAY HAVE PURCHASED THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE SHIPPING & RETURNS POLICIES AVAILABLE ON THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PORTION THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold DFA and its respective directors, officers, employees, and agents ("Indemnitees") harmless against all claims, expenses, liabilities, losses, costs and damages, including, but not limited to, reasonable attorney's fees, that the Indemnitees may incur in connection with or arising out of your use of the Website (or any portion thereof).
CHOICE OF LAW
Dairy Farmers of America, Inc.