User Agreement for the Dairy Council of California's Nutrition Pathfinders Web Service

This World Wide Web site with its home page in the domain "needs to be added in when confirmed" (the "Website") is a complimentary information and community service offered by the Dairy Council of California ("DCC") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Your registration to Website represents that you have read and accepted the terms of this User Agreement. DCC reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement each time you view the Website. Do no use the Website if you do not agree to all of the following terms and conditions.

You acknowledge that the information on the Website is provided "AS IS" for general information only. DCC MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

You agree that you will hold harmless DCC and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will DCC or the contributors of information to this Website be libel to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You acknowledge that opinions and recommendations contained in this Website are not necessarily those of the DCC or endorsed by DCC.

RIGHTS AND RESPONSIBILITIES OF USERS

No reproduction of content

Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided in the Service (including the underlying code that constitutes the Service), or sell, resell or redistribute any software downloaded from the Service, without obtaining the express, prior written consent of DCC. This restriction includes any attempt to incorporate the information contained in the Service into any e-mail or other "white pages" directory. Such information includes the names, e-mail addresses and other personal information provided by the Members of the Website and any other Users of the Service.

No use of automated information compilers

Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by DCC.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Website site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

No defamatory, objectionable or infringing material

A User shall not post, provide or otherwise make available any material of any sort (including member information, such as names and usernames, postings and other publicly viewable information) that:

(a) is defamatory or libelous or would violate or infringe in any way upon the rights of others, (b) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without the express permission of the owner of such right, (c) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, or would give rise to criminal or civil liability of any kind whatsoever, (d) is illegal or promotes illegal activity, (e) is deliberately false or misleading, (f) is indecent, pornographic, obscene, objectionable or offensive, (g) promotes bigotry, racism or hatred, (h) is threatening or abusive or promotes physical harm or violence against any individual or group, (i) violates any laws regarding unfair competition, anti-discrimination or false advertising, or (j) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

DCC reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. It is impossible for DCC to know whether a posting represents a copyright or other infringement. The provider of any content is responsible for ensuring that such content does not violate any extant copyright.

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service.

No commercial use of the Service

No User shall use the Service for commercial activity (other than incidental use) or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless the aspect of the Service in question explicitly endorses such use or DCC has provided its prior, written consent to use. This means there is to be no advertising or promotion for commercial purposes.

Applicability of export restrictions

Users agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.

Self-protection from viruses

It is up to each User to take precautions to ensure that anything selected for personal use is free of such items as software viruses, worms, trojan horses and other items of a destructive nature.

Privacy and Passwords

Upon becoming a Member of the Service, each User shall receive a password and an associated account. Each Member is solely responsible for maintaining the confidentiality of such password (or modifying such password) and account. Each Member shall immediately notify DCC of any unauthorized use of the Member's account or other breach of security. However, DCC is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

Discontinuance of membership

Each Member is free at any time and for any reason to discontinue use of the Service and to remove from the Service any information provided by such User to DCC, upon reasonable notice thereof.

Remedies

Violation of any of the terms and conditions contained in this Agreement will result in immediate termination of the User's right to use this service and DCC reserves the right to invoke any and all remedies available to it either in law or equity.

AUTHORIZATIONS BY USERS

Use of information

By providing information and data to DCC, each User implicitly authorizes DCC and each applicable Collaborator to use any and all such information and data for any legitimate purposes at the time it is provided or at any time in the future. Such purposes include, but are not limited to

(a) adding such information and data to Website database and any "user" directory, (b) making such information available to Members of Website and other Users of the Service consistent with the description and aim of the Service at the time in question, and (c) if the User is a Member, transmitting e-mails to each person listed by such Member in order to invite such person's participation in Website, and, in each such e-mail, referring to the Member by name, listing the Member's e-mail address and stating the nature of the relationship claimed by the Member. (d) communicating directly with member for Website announcements and other information deemed necessary by DCC to keep the member informed about the Website.

Throughout this Agreement, the term "Collaborator" shall refer to any subcontractors or education-related organizations used by DCC or Website for Web and content development, management, operations, and research.

DCC'S RESPONSIBLITIES

No sale of information

DCC shall not sell to a non-Collaborator third party specific information that identifies a User, without the User's prior, affirmative consent.

Protection of information and limitations thereon

The forms on our site require users to give us contact information (like their name and email address), and other personal information relating to your educational or professional experience. Such information may be used to provide you with personalized and matched content within the site. This information may be shared with our business partners on an aggregate basis only, with no identifiers. Information that is not used to directly support the service may be used in a research capacity to evaluate the benefits of this service. At Nutrition Pathfinders/DCC we do not share or sell any information that could be linked to your identity.

If so requested, DCC shall make reasonable efforts not to disclose personal information provided by a User; provided, however, that such requests must be consistent both with the aims and description of particular aspects of the Service at the time of such request and at any time in the future and also with the technical limitations and design of the Service at the time of such request and at any time in the future. To the extent that a request is inconsistent at the time of the request or at any time in the future, then DCC reserves the right not to honor such request. Further, each User acknowledges that use of the Service requires that certain minimum information about the Member be made available to all Users of the Service, and that such information shall be used consistent with the terms of the "Use of Information" provision above.

By providing information and data to the Service, each User also implicitly authorizes DCC to disclose such information and data in the good faith belief that such action is reasonably necessary

(a) to comply with the law; (b) to comply with legal process (including by making such information available to a government agency or court if so requested, with or without the necessity of a subpoena); (c) to enforce this Usage Agreement and the rules promulgated thereunder; (d) to respond to claims that any content violates the rights of third parties; or (e) to protect the interests of DCC.

Modification of Service

DCC reserves the right to modify or discontinue Website Service at any time without prior notice to any User, and DCC shall not be liable to any User or any third party for any discontinuation of service.

ACKNOWLEDGEMENT BY USERS OF DCC'S RIGHTS AND OBLIGATIONS

Each User acknowledges that:

Copyrights: The contents and data contained in the Service constitute a compilation copyright of DCC and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of DCC. Any software that is made available for download (the "Software") is the copyright of DCC or its suppliers. Use of such Software is governed by the terms of the applicable end-user license agreement, if any. End users shall not install or use any Software that is accompanied by or includes a license agreement, unless the end user first agrees to the terms of the license agreement.

Distributor only; lack of editorial control; no endorsement of content: DCC (and each applicable Collaborator) is a distributor only (and not a publisher) of content supplied by Users to the Service (including postings to my bulletin board, and recommendations in recommendations). Accordingly, DCC (and each applicable Collaborator) has no more editorial control over such content than does a public library, bookstore or newsstand. Users are solely responsible for the content they post. DCC makes no warranties, express or implied, as to the content contained in the Service, or to the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by any User in any such content are those of such User only, and DCC neither endorses nor shall be held responsible for the reliability, accuracy or usefulness of same, nor for its merchantability or fitness for any particular purpose. DCC does not guarantee the accuracy of any information found on the Service, included information provided by DCC (such as news), and DCC disclaims any liability for any such information, or any harm it might cause.

Removal of content; right but not obligation to monitor content: DCC shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to refuse to post or to delete any information or data which DCC becomes aware of which DCC determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, pornographic, hateful, rude, abusive, disruptive, defamatory or otherwise in violation of this Usage Agreement. DCC shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to monitor the content of the Service provided by Users, in order to determine compliance with this agreement and any operating rules established by DCC, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.

Termination of access and membership accounts: DCC shall have the right, in its sole and absolute discretion, for any or no reason, with or without notice, to restrict or terminate, either temporarily or permanently, such User's use of or access to the Service, including due to any violations of the Usage Agreement.

Potential lack of resources: DCC may not have sufficient resources to respond in a timely manner to each and every request made by a User to DCC for information or help and DCC shall maintain no liability for such failure to timely respond.

Risk of interception: Any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all the User shall bear all risks associated therewith. Each User acknowledges that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that the User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.

Viewing of information for Service purposes: DCC, and its employees and agents, may view individual User information for the purposes of customer service and account maintenance.

Storage of information: DCC is not responsible for the storage, failure to store or deletion of any materials (postings, email messages or otherwise) or other User information.

ECPA: Pursuant to the Electronic Communications Privacy Act of 1986 (as amended), 18 USC 2510 et. seq., there are no facilities provided by the Service for sending or receiving private or confidential electronic communications or content. All communications and content shall be deemed to be readily accessible to the general public. The Service is not to be used for any communication for which the sender intends only the sender and the intended recipient(s) to read or view.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

Each User hereby agrees to defend, indemnify and hold harmless DCC and each applicable Collaborator, their officers, directors, employees, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's use, misuse or abuse of the Service.

EACH USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER DCC NOR ANY COLLABORATOR NOR ANY OTHER PARTY, INCLUDING ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME WARRANTS OR REPRESENTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, NEITHER DCC NOR ANY COLLABORATOR NOR ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME MAKES ANY WARRANTY OR REPRESENTATION AS TO

(A) THE OUTCOME OF ANY QUERY OR ANY OTHER USE OF THE SERVICE,

(B) THE VALIDITY, INTEGRITY, ACCURACY, QUALITY, CURRENTNESS, COMPLETENESS, ADEQUACY OR SUITABILITY OF ANY RESULT OR OF ANY INFORMATION CONTAINED IN THE SERVICE, OR

(C) THE SUITABILITY OF THE SERVICE FOR ALL USERS, INCLUDING CHILDREN. DCC AND, AS APPLICABLE, ANY COLLABORATOR, MAKES THE SERVICE AVAILABLE FREE OF CHARGE, ON AN "AS IS," AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

EACH USER ACKNOWLEDGES THAT NEITHER DCC NOR ANY COLLABORATOR NOR ANY PERSON INVOLVED IN CREATING, PRODUCING, OR DELIVERY THE SERVICE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO IN ANY WAY

(A) ANY VIOLATION BY ANY USER OF THE TERMS OF THE USAGE AGREEMENT,

(B) THE USE OF, AVAILABILITY OF, RELIANCE UPON OR INABILITY TO USE THE SERVICE,

(C) ANY ERRORS, OMISSIONS OR INACCURACIES IN THE INFORMATION CONTAINED IN THE SERVICE, OR

(D) ANY BREACH OF ANY WARRANTY, EVEN IF DCC OR ANY COLLABORATOR SHALL HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IT SHALL SOUND IN CONTRACT, TORT OR OTHERWISE.

EACH USER ACKNOWLEDGES THAT THE SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ASSOCIATED WITH THE SERVICE, SHALL BE TO TERMINATE SUCH USER'S MEMBERSHIP, IF APPLICABLE, REMOVE ANY INFORMATION PROVIDED BY THE USER TO DCC, AND DISCONTINUE FURTHER USE OF THE SERVICE.

Each User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Each User acknowledges that DCC makes no representations whatsoever about any other Web site (including that of a Collaborator) which the User may access through the Service (such as from a link or pointer contained on the Website site), and that when a User accesses a non-Website Web site, it is independent from DCC, that DCC has no control over the content on that Web site, and that DCC has no liability for any content or any actions taken on another party's Web site, including that of a Collaborator. In addition, a link to a non-Website Web site does not mean that DCC endorses or accepts any responsibility for the content or the use of such Web site. Users access such other sites at their own risk.

No advice or information, whether oral or written, obtained by a User from DCC or through the Service, shall create any warranty not expressly made herein.

None of the content provided by such User constitutes confidential communications and participation in the Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and DCC (other than the contractual relationship between DCC and such User entered into by virtue of your acceptance of this Usage Agreement).

Section headings

The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.

DCC may provide links on the Website to other websites which are not under the control of DCC. In general, any website which has an address (or URL) which does not contain "needs to be added in" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by DCC of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked "Virtual Teacher Lounge," (b) the link must "point" to the URL "http://www.virtualteacherlounge.org" and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with DCC's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than DCC is associated with or sponsored by DCC, (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website, and (f) DCC reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by DCC.

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by DCC, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without DCC's prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of DCC.

This Website (excluding linked sites) is controlled by DCC which is headquartered in the State of California, United States of America. It 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 California by accessing this Website both you and DCC agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the DCC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of California and the United States District Court for the Northern District of California with respect to such matters. DCC makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Links to Other Sites

This site contains links to other sites. Nutrition Pathfinders/DCC is not responsible for and maintains no liability for the privacy practices or the content of such Web sites.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: info@dairycouncilofca.org

Last Revised, December 1, 2001