DairyStash

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these Web Site Terms and Conditions of Use (“Agreement”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms and conditions, you are prohibited from using or accessing this web site. Any user who accesses this web site agrees to all terms and conditions set forth in this Agreement.

The information contained herein is subject to change without notice and is not warranted to be error- free. If you find any errors, please report them to us in writing.

2. Disclaimers

THIS SOFTWARE AND WEB SITE IS PROVIDED BY DAIRY PERFORMANCE NETWORK "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

Dairy Performance Network does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Further, Dairy Performance Network is not responsible for any representations or suggestions that are made by a client of Dairy Performance Network or a consultant employed by a client of Dairy Performance Network or any other third party agreements.

3. Limitations

IN NO EVENT SHALL DAIRY PERFORMANCE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4. Revisions and Errata

The materials appearing on Dairy Performance Network’s web site could include technical, typographical, or photographic errors. Dairy Performance Network does not warrant that any of the materials on its web site are accurate, complete, or current. Dairy Performance Network may make changes to the materials contained on its web site at any time without notice. Dairy Performance Network does not, however, make any commitment to update the materials.

5. Links

Dairy Performance Network has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Dairy Performance Network of the site. Use of any linked web site is at the user’s own risk.

DairyStash is a stand alone software system and is not affiliated or associated with any third party source or software.

6. Site Terms of Use Modifications

Dairy Performance Network may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Web Site Terms and Conditions of Use.

7. Governing Law

This Agreement is entered into and all matters arising out of or relating to the performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to or application of Texas choice of law or conflict of law principles such as might require application of the law of another jurisdiction.

The parties expressly agree that any actionable dispute arising out of or relating to the performance of this Agreement will be resolved in Hale County, Texas, and each of the parties hereto expressly agrees that personal jurisdiction over the parties exists to resolve such disputes in Hale County, Texas.

8. Payments

Payments not received by the 1st of every month could result in cancellation of your service. The first payment is due upon registering for the web site service. Payment is due in full thirty (30) days after

the invoice has been sent out. Failure to remit timely payment may result in termination of your license.

General Provisions

Use License

This software and related documentation are provided under a license agreement containing restrictions on use and disclosure and are protected by intellectual property laws. Except as expressly permitted in your license agreement or allowed by law, you may not use, copy, reproduce, translate, broadcast, modify, license, transmit, distribute, exhibit, perform, publish, or display any part, in any form, or by any means. Reverse engineering, disassembly, or decompilation of this software is prohibited. All data compiled, gathered and sorted by Dairy Performance Network shall belong exclusively to the individual members/farms of Dairy Performance Network. The Dairy Performance Network data compilation and retrieval methodologies are intellectual property rights of Dairy Performance Network.

This is the grant of a license, not a transfer of title This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dairy Performance Network at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

This Agreement represents the entire understanding of the parties. This Agreement, including the Exhibits and Attachments hereto, if any, supersedes any and all other agreements, if any, either oral or in writing, between the parties hereto, and contains all of the covenants and agreements between the parties with respect to such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducement, promises or agreements, oral or otherwise, with regard to this Agreement or the services to be rendered under it have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

No modification, waiver, or discharge of this Agreement shall be binding unless it is in writing and signed by the parties. The waiver by the Dairy Performance Network of the performance of any covenant, condition or warranty contained herein shall not invalidate this Agreement, nor shall it be considered a waiver of any other contract, condition or warranty. The waiver by Dairy Performance Network of the time for performing any act shall not be deemed a waiver for performing any other act or performing an identical act required to be performed at a later time.

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provision of this Agreement, and all other provisions shall remain in full force and effect.

If any action at law or in equity is necessary to enforce or interpret any of the rights or obligations under this Agreement, the prevailing party shall be entitled to reasonable and necessary attorney’s fees, costs, and expenses, in addition to any other relief to which the prevailing party may be entitled at law or in equity

11. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and , where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use of modification.

CWe will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conduction our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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