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WISCONSIN MILK MARKETING BOARD
GENERAL TERMS AND CONDITIONS OF USE
The Wisconsin Milk Marketing Board appreciates your visit to
this web site (the “Site”). Please read the following terms and conditions
(“Terms and Conditions”) carefully before using this Site as use of this Site
constitutes your acceptance of these Terms and Conditions. Your access
to and use of the Site is subject to the following terms and conditions (the
“Terms and Conditions”) and all applicable laws. If you do not agree to abide
by these Terms and Conditions, do not use the Site or download material from
the Site.
Terms and Conditions
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As used in these Terms and Conditions, “WMMB” shall mean the Wisconsin Milk
Marketing Board or its contractors.
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This Site may be linked to other sites that are not maintained by WMMB (“Linked
Sites”). If you use any of the Linked Sites, you will leave this Site. WMMB is
not responsible for the content of the Linked Sites. Links to Linked Sites do
not constitute an endorsement from WMMB or that any Linked Site is authorized
to use any trademark, trade name, logo or copyright symbol of WMMB. Linked
Sites are for informational purposes only, and it is your responsibility to
evaluate the content and usefulness of the Linked Sites. If you decide to visit
any of the Linked Sites, you do so at your own risk, and it is your
responsibility to take all protective measures to guard against viruses or
other destructive elements.
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WMMB presents the material and Promotional Material (as hereinafter defined) on
this Site as a service to its customers and other Internet users. WMMB makes no
commitment to update the Site content or materials. Any unauthorized
downloading or distribution of any copyrighted material from this Site or from
Linked Sites, without the copyright owner's permission, is strictly prohibited.
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This Site and the materials contained in this Site are copyrighted, protected by
worldwide copyright laws and treaty provisions, and provided for lawful
purposes only. WMMB reserves all rights under these laws, and except as
specifically permitted below, modifying, copying, distributing or using for any
purpose the materials contained in this Site is strictly prohibited. However,
you may print, copy, reproduce, or download one copy of the material for your
personal, noncommercial use only, provided that: (a) copyright notices in the
form “© Wisconsin Milk Marketing Board, Inc. Used with permission. All rights
reserved.” appear on every copy or reproduction of such materials; (b) you do
not alter, edit, condense, or modify the material in any way; (c) you do not
reproduce or publicly display, perform, or distribute or otherwise use the
material for any public or commercial purpose, and (d) you do not transfer any
material you print, copy, reproduce, or download to any other person unless you
give them notice of, and they agree to accept, the obligations arising under
these Terms and Conditions of use.
Notwithstanding the foregoing, WMMB 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. You must have a user id and password to
access the Promotional Material, and use of the Promotional Materials is
governed by, in addition to these Terms and Conditions, the applicable License
Agreement. Before you may download any of the Promotional Materials, you will
be required to agree to a License Agreement concerning the Promotional
Materials you wish to download. In addition, you agree to abide by all
additional restrictions displayed on the Site as it may be updated from time to
time. WMMB shall retain at all times ownership of and all intellectual property
rights to the Promotional Material.
Unless otherwise indicated, all marks displayed on WMMB’s Site are subject to
the trademark rights of WMMB, including but not limited to "WISCONSIN CHEESE.
PRIDE. OUR SECRET INGREDIENT." alone and with the "PRIDE" Logos:

"PRIDE. OUR SECRET INGREDIENT." alone and with the "PRIDE" Logos, "REAL CHEESE"
& Circle®, "REAL CHEESE" & State®, "WISCONSIN STYLE HAVARTI"®, "CHEF
SHOWCASE"®, "MOO BURGER"®, "WISLINK"®, "WISCONSIN LINK"®, "RACE TO THE TABLE
WITH WISCONSIN CHEESE"™, "THE GREAT WISCONSIN CHEESE BOWL PARTY"™, "THAT'S
ENTERTAINMENT"™, "AMERICA'S DAIRYLAND IS YOUR LAND"™, "GREAT NUTRITION IN
DISGUISE"™, "MAKIN' MILK MORE FUN"™, "WISCONSIN CHEESE TASTE WHY"™, "ART OF THE
STATE"™, "CHEESE-A-BRATION"™, and "NATURALLY ENTERTAINING"™.
Any use of our trademarks, tradenames, and logos in which WMMB, its
subsidiaries, affiliates, divisions, and licensors, do business is strictly
prohibited absent WMMB’a prior written consent. In addition, the names, trade
names, and trademarks of third parties that appear on this Site are proprietary
to their respective owners and may be used only with their express permission.
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WMMB MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO (I) THE ACCURACY,
COMPLETENESS, RELIABILITY, USE OF OR THE RESULTS OF THE USE OF THE MATERIALS,
PROMOTIONAL MATERIALS, AND LINKED SITES, (II) THE AVAILABILITY FOR USE OF ANY
COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY
APPEAR ON THIS SITE, (III) WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR (IV) WHETHER ANY MATERIALS OR PROMOTIONAL MATERIALS AVAILABLE ON
OR ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS,
PROMOTIONAL MATERIALS AND LINKED SITES SHALL BE AT YOUR SOLE RISK. WMMB
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, BUT WITHOUT OBLIGATION, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WMMB MAY MAKE ANY OTHER
CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE, THE MATERIALS, OR PROMOTIONAL
MATERIALS DESCRIBED IN THE SITE.
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.
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NEITHER WMMB NOR ANYONE WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL
HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES (WHETHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER
DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM) ARISING OUT OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF,
USE OF (OR YOUR INABILITY TO USE), OR RELIANCE ON THIS SITE, ANY OF THE
CONTENTS OF THIS SITE OR ANY LINKED SITES, EVEN IF THERE IS NEGLIGENCE OR WMMB
OR AN AUTHORIZED WMMB REPSRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR BOTH. The exclusion on consequential and incidental damages
may not apply to you, to the extent that applicable law may not allow the
exclusion of consequential and incidental damages. WMMB’s total liability to
you for all losses, damages, and causes of action (in contract, tort (including
without limitation negligence), or otherwise) will not be greater than the
amount, if any, you paid specifically to access this Site.
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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 WMMB, 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.
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This Site is controlled, maintained, and serviced by WMMB within the State of
Wisconsin, United States of America and is made available only to provide
information about WMMB. WMMB controls and operates this Site from its
headquarters in Madison, Wisconsin, United States of America. Those who choose
to access this Site from other locations do so on 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 Wisconsin, by accessing this Site both you and
WMMB agree that the statutes and laws of the State of Wisconsin, 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.
You and WMMB also consent, and hereby submit, to the exclusive personal
jurisdiction and exclusive venue of the Circuit Court of Dane County,
Wisconsin, or the United States District Court for the Western District of
Wisconsin with respect to all matters relating to the use of this Site.
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Except as provided by WMMB’s Privacy Policy, all remarks, questions,
suggestions, ideas, graphics, data or other information communicated to WMMB
directly through this Site or e-mail will become the exclusive property of
WMMB, and is, and will be treated as, non-confidential and nonproprietary, and
may be used for any purpose, including, but not limited to, reproduction,
transmission, publication, broadcast, and posting. Furthermore, WMMB is free to
use any ideas, concepts, know-how, or techniques contained in any communication
you send to this Site for any purpose whatsoever, and WMMB will not incur any
liability as a result of any similarities to the communicated materials that
may appear in WMMB’s products, business or services.
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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 WMMB relating to
the use of this Site and it cannot be modified orally by any representative of
WMMB. Any agreement which varies these Terms and Conditions must be made in
writing and signed by you and WMMB. 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. |
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WMMB may terminate, change, suspend, or discontinue any aspect of this Site,
including the availability of any features of or contained in the Site, at
anytime. WMMB may also impose limits on certain features and services or
restrict your access to all or parts of the Site without notice or liability.
WMMB 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.
WMMB 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 WMMB, you should review this page each time you connect to
WMMB’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.
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