BY CLICKING SIGN UP, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.
This Agreement is between you, the user (“User”) and Alta Genetics USA, Inc., a Wisconsin, USA corporation (“Alta Genetics” or “Host”).
Host and its affiliates are dynamic, innovative players in the global dairy industry, working each day to improve profitability for modern dairy and beef producers throughout the world. Recognizing that modern dairy and beef producers want a trouble-free, profitable herd they are proud of, Host and its affiliates make this goal possible with high-quality products and solution focused advice from well trained and motivated employees. Through this User Web Site, Host is making available to User detailed information, including training materials relating to the products and services provided by Host, and also more general information relating to the operation of a profitable dairy and/or beef operation. It is the intent that this User Web Site will create added value for Host’s customers and distributors by providing in-depth educational and training materials for use in enhancing the operation of a profitable dairy and/or beef operation.
Host agrees to provide User with access to those portions of its Host Web site restricted only to those persons who have assented to the terms of this Agreement (“Users”). User agrees to pay such charges as are set forth on the Site for access to specific materials. User is also subject to and agrees to abide by all the terms and conditions of the Website Terms of Access, including but not limited to the Rules of Conduct, which are incorporated herein by reference. In the event of any inconsistency or contradiction between this User Agreement and the Website Terms of Access, this User Agreement shall control.
1.1 “Host Web site” means the Web site located at the URL http://koepon-dairylearning.sabacloud.com and includes the entirety of material made generally available to the public without signing-up as a User and this User Web Site.
1.2 “User Web site” means that portion of the Host Web site which is restricted to the use of its Users.
1.3 “Acceptance” means that the User has accepted the terms of this Agreement and has manifested said acceptance by clicking Sign Up.
1.4 “User” means a person or entity who has assented to the terms of this User Agreement, or an equivalent past agreement, whereby the User has been granted access to the User Web site. A User is limited to a single user of the User Web Site unless a multiple User Agreement has been entered into by the parties.
1.5 “User Name” means the name which the User shall provide, along with the Password, to Host which allows the User to gain access to the User Web site.
1.6 “Password” means the password which the User shall provide, along with the User Name, to Host, which allows the User to gain access to the User Web site.
2. Host’s Duties.
2.1 Privacy of User’s Information. Host shall not disclose to third parties any personal information which a User forwards to Host through the User Web Site. The information which the User forwards to Host shall be used solely by Host for the purposes of billing, advertising, for notifying User of any changes to this Agreement, the Access Web site, or any other purpose which Host deems necessary to carry out its duties under this Agreement.
2.2 Information Provided on the User Site. Host shall provide its Users with information and materials on the User Site that is unavailable to those persons who are not Users. Host reserves the right to publish time-sensitive information on the Host Public Web site after it has been published on the User Site after a length of time deemed appropriate by Host.
2.3 Unauthorized Access. In the event that User determines that another party has gained access to User’s Password and User Name or has determined that another has wrongfully accessed the User Web site using User’s Password and User Name, Host shall issue a new User Name and Password to User and shall deactivate the old User Name and Password account.
2.4 Availability of Access. Host shall notify User by posting or e-mail of scheduled maintenance or upgrade work which may make the User Web site unavailable for periods of time greater than two (2) hours. Host does not warrant that the User Web site will be available to User on a continual twenty-four (24) hour basis.
3. User’s Duties.
3.1 Payment. User agrees to pay the designated charges as are applicable to access specific materials on the User Web site.
3.2 Terms of Access. User agrees to abide by Terms of Access, including but not
limited to the Rules of Conduct.
3.3 User Information. User shall enter truthful and factually accurate information to become a User. User shall provide credit card information which Host shall use according to the Terms of Payment.
3.5 Availability of Access. User recognizes that the traffic of data through the Internet may cause delays during the download of information from the User Web site and shall not hold Host liable for delays which are ordinary in the course of Internet use. User recognizes that the User Site shall not be available on a continual twenty four (24) hour basis due to such delays and due to delays caused by Host’s upgrading, modification, or standard maintenance of the User Web site.
4. Duration of Agreement.
Either party may terminate this Agreement by providing written notice to the other party at least thirty (30) days in advance of the effective date of termination. Host shall allow User to have access to the User Web Site to access materials relating to purchases from the User Web Site for at least six (6) months from the date of purchase.
5. Terms of Payment.
5.1 Online Training. User shall pay the advertised fee to Host for each course or package purchased during the course of this Agreement. User shall provide Host with a credit card number to which Host shall bill the stated fee. All applicable sales, use and similar or other taxes shall be applied to purchases in accordance with all applicable tax laws. All online course purchases are final, cannot be cancelled and are non-refundable.
5.2 Live Training Cancellation Policy. Full refunds can be obtained up to 30 days before the program start date. Due to the costs incurred for program preparation and administration, any cancellations or requests for transfers or deferrals received 30 days or less from the program start are subject to penalty fees ad described below:
– More than 30 days: 0% Cancellation
– 15 to 30 days: 50% Cancellation
– 0 to 14 days: 100% Cancellation
If the course is cancelled by the Host, the participant will automatically be transferred to the next program start date. If the participant is unable to attend the future program, the issue will be handled on an individual basis.
5.2 Live Training Transfers. All participant transfers are subject to the sole discretion of dairylearning.com. Transfer requests must indicate the new dates and/or new program the participant wishes to attend. Transfers must be submitted in advance and will be reviewed on an individual basis. Transfers are valid only within one year of the original program start date.
6. User Information.
6.1 Website forms. User shall provide the following information upon enrolling in this User Web Site:
User’s first and last names;
User’s email address;
User’s desired Password;
User’s desired currency;
User’s desired time zone;
User’s company or farm name;
User’s sign up code (if applicable).
User may also be asked to enter voluntary information which shall be used solely for the purposes of determining the profiles of Users. This information shall not be forwarded to any third parties.
6.2 Photo and Video Release. User grants host permission to use their likeness in photograph(s) and videography in any and all of its publications and in any and all other media, whether now known or hereafter existing, controlled by dairylearning.com, in perpetuity, and for other use by host. User will make no monetary or other claim against host for the use of the interview and/or the photograph(s) and videography.
7. Choice of Law.
This Agreement shall be construed and controlled by the laws of the state of Wisconsin. Any dispute concerning this Agreement or an alleged breach of the terms of this Agreement will be governed by the laws of said jurisdiction.
Host shall not undertake to resolve any disputes or litigation on User’s behalf involving use of the materials described herein or provided through the User Web Site, and User agrees that it shall indemnify, hold Host harmless and defend Host against any disputes involving use of the User Web site.
The materials provided by Host are provided “AS IS,” WITHOUT WARRANTY OF ANY KIND TO USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON-INFRINGEMENT; (7) TITLE; (8) MARKETABILITY; (9) PROFITABILITY; (10) SUITABILITY; AND/OR (11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. USER AGREES THAT ANY EFFORTS BY HOST TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY HOST WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. USER FURTHER AGREES THAT HOST SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF HOST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to User. In such jurisdictions, Host’s liability is limited to the greatest extent permitted by law. HOST’S LIABILITY TO ANY USERSHALL BE LIMITED TO THE CHARGES PAID BY SUCH USER TO HOST DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.
10. Entire Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement, including the Website Terms of Access to which User is also subject, contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended by Host upon Host posting on the User Web site a description of the amendment, and such amendment shall be effective thirty (30) days after the date of such posting.
11. Knowing Consent and Authority to Consent.
User warrants and represents to Host that User is knowingly and expressly consenting to the terms and conditions of this Agreement, and that User is authorized to enter into this Agreement.