The use of the kleinpeterdairy.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Kleinpeter Farms Dairy, L.L.C. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website. Your use of this website after we have made such modifications or changes will be considered your agreement to the modification or change.
Please note that the guidelines, policies and other terms and conditions of use and sale at Kleinpeter Farms Dairy, L.L.C., ("Kleinpeter Farms Dairy") and other Kleinpeter Farms Dairy-affiliated or co-branded websites may vary.
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Kleinpeter Farms Dairy reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
You are responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks. You acknowledge that you have requested the service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with that assessment. We are not responsible for any Internet access services.
You acknowledge that Kleinpeter Farms Dairy may disclose and transfer any information that you provide through this Website to (i) its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
The Kleinpeter Farms Dairy logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Kleinpeter Farms Dairy or a Kleinpeter Farms Dairy affiliate or by third parties who have licensed their rights to Kleinpeter Farms Dairy. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Kleinpeter Farms Dairy owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Any remarks, suggestions, ideas, messages and data submitted by you to Kleinpeter Farms Dairy through this Website or other Kleinpeter Farms Dairy-affiliated websites (collectively, the "Messages") shall be and remain the exclusive property of Kleinpeter Farms Dairy. Therefore, Kleinpeter Farms Dairy discourages you from submitting Messages that you do not wish to assign to Kleinpeter Farms Dairy, including confidential information or any original creative materials such as product ideas or original works.
You represent and warrant to Kleinpeter Farms Dairy, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Kleinpeter Farms Dairy of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Kleinpeter Farms Dairy is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Kleinpeter Farms Dairy attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Kleinpeter Farms Dairy does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Kleinpeter Farms Dairy reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Kleinpeter Farms Dairy reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
The information on this website is for information purposes only. It is believed to be reliable, but Kleinpeter Farms Dairy does not warrant its completeness, timeliness or accuracy.
Account information provided to you on this Website is not the official record of your account or its activity. Your account statement, furnished to you by us in a paper format, will remain the official record. The information provided on this Website is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.
The Terms and Conditions of this Website are in addition to any terms and conditions that we may furnish to you in connection with either our products or services, including, but not limited to, all account agreements. In the event of a conflict between the Terms and Conditions of this Website and your applicable account agreements with us, the terms of your account agreement will control except as may be otherwise stated herein.
Kleinpeter Farms Dairy may discontinue or make changes in the information, products or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Kleinpeter Farms Dairy does not undertake any obligation or responsibility to update or amend any such information. Kleinpeter Farms Dairy reserves the right to terminate any or all website offerings or transmissions without proir notice to the user. Furthermore, by offering this Website and information, products or services via this Website, no distribution or solicitation is made by Kleinpeter Farms Dairy to any person to use this Website or such information, products or services in jurisdictions where the provisions of the Website and such information, products or services are prohibited by law.
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Kleinpeter Farms Dairy
Any User Id or Password we provide to you is provided to you in your capacity as a representative of the business entity only, and may not be retained by you after any termination of your relationship with such business entity. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. Kleinpeter Farms Dairy DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Kleinpeter Farms Dairy, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Kleinpeter Farms Dairy DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Kleinpeter Farms Dairy reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
To properly serve all customers, Kleinpeter Farms Dairy reserves the right to limit quantities.
Kleinpeter Farms Dairy may display advertising prints for products sold through this Website. Kleinpeter Farms Dairy attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
IN NO EVENT SHALL Kleinpeter Farms Dairy, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF Kleinpeter Farms Dairy OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Kleinpeter Farms Dairy TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You acknowledge and agree that you are personally responsible for your conduct while using this Website and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorney's fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of this Website or the use of this Website by anyone using your account number, User ID or Password or your violation of the terms and conditions of this Website or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Illinois, without giving effect to any principles or conflicts of laws.
No modification of the Terms and Conditions shall be effective unless it is authorized by Kleinpeter Farms Dairy. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.