Legal

Acknowledgement of Terms. This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and the Galliker Dairy Company ("Galliker Dairy Company"). By accessing the Galliker Dairy Company Web site ("Web site") or using the Services provided therein ("Services"), you agree that you have read and understand this Agreement, and agree to all of the terms and conditions in this Agreement. If you do not agree to the provisions in this Agreement, you may not use the Services or further access the Web site. This Agreement, together with Galliker Privacy Policy, Purchase Policy and Publishing Policy, constitute the entire agreement between you and the Galliker Dairy Company regarding the Galliker Dairy Company Web site and Services and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Agreement Amendment. The Galliker Dairy Company reserves the right to modify this Agreement at any time by posting such modifications to this Web site. Your continued access to and usage of the Web site or use of the Services shall signify your agreement to such modifications. We encourage you to periodically review the Agreement. You may at any time print, download and/or store a copy of this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact info@gallikers.com.

Your Eligibility. The Web site and Services are intended only for persons who can enter into legally binding contracts under applicable law. By using the Services or by further accessing the Web site, you certify that you are competent to assume legally-binding obligations and that you are 18-years of age or older. We may, at our sole and absolute discretion, refuse to accept a person's (or entity's) registration, and may, at any time after accepting registration, refuse to permit a User’s continuing use of the Web site or Services.

Password and Security. Certain Services available on the Web site require that you register with us identifying a User Name and Password. You are solely responsible for maintaining the confidentiality of any User Name and Password and are fully responsible for all activities that occur under your User Name, Password, or the account accessed pursuant to these. You agree to (i) immediately notify us of any unauthorized use of your User Name, Password, or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. The Galliker Dairy Company cannot and will not be liable for any losses or damages arising from your failure to comply with these provisions.

Disclosure of Third Parties. The Galliker Dairy Company works with a variety of third parties ("Third Parties") to provide the Services available on this Web site and to provide links to other Web sites. These third parties include, for example, event producers, Web site design, hosting and maintenance providers, content providers, technology providers and suppliers of news information and services. These entities may supply information for posting on or access through this Web site, but they do not control the content or policies of this Web site.

Intellectual Property. You acknowledge and agree that the Web site, Services, Content (as hereinafter defined) and any necessary software ("Software") used in connection with the Web site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Galliker Dairy Company or its licensors, you agree not to modify, rent, lease, copy, publish, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

The Galliker Dairy Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Web site or Services. You agree not to access the Services by any means other than through the interface that is provided by the Galliker Dairy Company for doing so.

The Galliker Dairy Company and their logos are trademarks and/or service marks of the Galliker Dairy Company. No display or use of such marks may be made without the express written permission of the Galliker Dairy Company.

The Galliker Dairy Company respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

 

XXXXXXXXX  Employee, Title XXXXXXXX
Galliker Dairy Company
143 Donald Lane

Johnstown, PA 15907-0159

Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

Content and Other Information. The information accessible on this Web site, including for example the news materials, press-related content, graphic designs, video, audio, photographic or literary content (“Content”), is owned by the Galliker Dairy Company, its business associates, or other third parties. Except as otherwise expressly stated in the Galliker Dairy Company Publishing Policy, this Content is provided to you solely for your personal use. You may not access or use this Content for commercial, competitive or any other purposes. You may not modify, republish, post, transmit or distribute any Content except as expressly stated in the Galliker Dairy Company Publishing Policy or with prior express written consent of the Galliker Dairy Company in each instance. You may copy Content only to the extent necessary for your personal use. Any such copies made by you may not be further distributed, published, or transmitted. The Galliker Dairy Company, or its Licensors as applicable, expressly retain all right, title and interest in and to any proprietary Content and any related intellectual property rights. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Downloading and Using Content. Any Content downloaded or otherwise obtained through the Web site or through use of the Services is done at your own discretion and risk. You are solely responsible for any loss, damage or loss of data that results from the downloading or use of any Content. You hereby release the Galliker Dairy Company, its directors, officers, employees, agents, service providers and representatives, and each of their respective successors and assigns from any and all actual or alleged claims, actions, causes of action, losses and damages, including costs and attorney fees, which may result from you downloading or using any Content.

Links to Other Web sites. The Web site may provide links to the web sites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by the Galliker Dairy Company of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that the Galliker Dairy Company, its service providers and representatives are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Modifications to Services/Content. You acknowledge and agree that the Galliker Dairy Company may change, modify, amend, suspend or discontinue any aspect of the Web site, Services or Content at any time, without notice and without liability to you or any third party.

Disclaimer of Warranties. THE WEB SITE AND SERVICES, AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE OR SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT.

THE GALLIKER DAIRY COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEB SITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability. IN NO EVENT SHALL THE GALLIKER DAIRY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEB SITE OR ANY SERVICES OR CONTENT MADE AVAILABLE ON OR THROUGH THIS WEB SITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GALLIKER DAIRY COMPANY, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF INFORMATIONAL CONTENT, ANY DECISION MADE IN RELIANCE ON THE CONTENT CONTAINED ON OR ACCESSIBLE THROUGH THIS WEB SITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEB SITE IS TO DISCONTINUE USING THIS WEB SITE AND THE RELATED CONTENT AND SERVICES, AND, IF USER IS DISSATISFIED WITH ANY PURCHASE MADE THROUGH THE SERVICES, REPLACEMENT, REPAIR, REPERFORMANCE OR REFUND OF THE PURCHASE PRICE PAID AS SET FORTH IN THE GALLIKER DAIRY COMPANY PURCHASE POLICY. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices. Any notice to the Galliker Dairy Company regarding the Galliker Dairy Company Web site or Services should be directed to info@gallikers.com or personally delivered or mailed by certified or other receipted mail service to the Galliker Dairy Company Company, PO Box 159, Johnstown, PA 15907-0159. Any notice to you shall be given by both e-mail and by postal delivery using the addresses given by you during registration. Notice shall be deemed given within three (3) days after the date of the postal mailing.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Choice of Law. This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County, Commonwealth of Pennsylvania.

Waiver. The failure of the Galliker Dairy Company to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision.

Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely:

·       Intellectual Property

·       Disclaimer of Warranties

·       Limitation of Liability

·       Severability

·       Choice of Law

·       Waiver

·       Survival

BUS_EST:244079-2 019386-132431