“Breakfast Every Day” Terms & Conditions
AMERICAN DAIRY ASSOCIATION AND DAIRY COUNCIL, INC.
Terms and Conditions
Notwithstanding the foregoing, ADADC may make available certain copyrighted materials, including but not limited to photographs and marketing materials (collectively the "Promotional Materials") to certain users of the Site for marketing and promotional purposes. Use of the Promotional Materials is governed by these Terms and Conditions. Before you may download any of the Promotional Materials, you agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. ADADC shall retain at all times ownership of and all intellectual property rights to the Promotional Material.
Unless otherwise indicated, all marks displayed on ADADC’s Site are subject to the trademark rights of ADADC, including but not limited "American Dairy Association and Dairy Council” Logos.
WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS AND PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ENTITY'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY, AND HOLD ADADC, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL (I) LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION BY SUCH PERSON OR ENTITY RELATING TO THAT PERSON'S OR ENTITY'S USE OF THIS SITE AND (II) ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY SUCH PERSON OR ENTITY.
This Site is controlled, maintained, and serviced by ADADC within the State of New York, United States of America and is made available only to provide information about ADADC. ADADC controls and operates this Site from its headquarters in North Syracuse, New York, United States of America. Those who choose to access this Site from other locations do so of their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or Promotional Materials in this Site in violation of U.S. export laws and regulations. This Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Site both you and ADADC agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and ADADC relating to the use of this Site and it cannot be modified orally by any representative of ADADC. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and ADADC. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
ADADC may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of or contained in the Site, at any time. ADADC may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. ADADC may terminate the authorizations and rights granted, and, upon such termination, you shall immediately destroy all materials and Promotional Materials, including but not limited to any and all related documentation and all copies and installations.
ADADC reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by ADADC, you should review this page each time you connect to ADADC's Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
Revised: April 29, 2014