Terms of Use

Welcome to our website.

By using this website, you acknowledge that you have read, understood and accept the Terms of Use. These Terms of Use are an electronic contract that sets out the legally binding terms of your use of this website. Each time you use the website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must discontinue using the website. The website is owned by Borden Dairy Company, Inc. All references to Borden Dairy Company, “us”, “our”, or “we” will be deemed to include Borden Dairy Company, Inc.

Important note about children.

This website is not intended for use by children, especially those under age 13. No one under the age of 13 is allowed to provide any personal information to us.

License to visit the website.

Borden Dairy Company grants you a non-exclusive, non-transferable, limited and royalty free license to access and use the website and view the content thereon solely for the purposes described in these Terms of Use. Borden Dairy Company reserves the right to terminate the aforesaid license at any time and for any reason with or without notice to you. Except for allowing you to use the website for your use as set forth in this paragraph, when you use the website, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Borden Dairy Company. You understand that you have no rights to the website, the Borden Dairy Company Marks or any other Borden Dairy Company property except as we indicate in these Terms of Use.

Linked sites.

Borden Dairy Company offers links to other websites. If you visit one of these linked websites, you should review that organization's privacy policy and other policies. Borden Dairy Company is not responsible for the content or policies of other organizations. While Borden Dairy Company will not pass on information to any third-party site, we cannot protect your information if you provide your information to that website. Through linked sites, we put technical devices at your disposal, such as hyperlinks, banners, buttons, directories and/or search engines, among others, that allow access to third-party Internet pages. You acknowledge that through the use of linked sites, we do not control nor guarantee the quality, absence of viruses or similar media in the content of linked sites, nor the absence of other elements that could produce alterations in your systems, equipment or in electronic documents and/or files stored in your systems and/or computer equipment.

Use of functions.

We reserve the right to save certain information in your computer in the form of a "cookie" or other similar file, for the purpose of adapting the site's presentation to your personal preferences.

Intellectual property.

The marks, brands, advertisements, notices, commercial names and other intellectual properties (collectively, the "IP") that appear in this site are our exclusive property unless indicated otherwise. You may not use or exploit the IP, without our prior written consent. The design and content of this site, along with any computer program that similarly appears, are the property of Borden Dairy Company. Any commercial or private use, including, but not limited to, the modification, copying, distribution, transmission, display, publishing, editing, sale or other form of exploitation of the design and content of this site is prohibited by applicable law. Nevertheless, you as an individual viewer are granted the nonexclusive, nontransferable limited license to view, reproduce, print and share materials retrieved from the site provided that (a) such materials are used for personal information purposes and other noncommercial uses only and (b) you do not remove or change the copyright notices from any printed versions. All other IP not owned by us that appears on this website is the property of its respective owner(s) who may or may not be affiliated with us.

No other relationship.

You agree that neither these terms nor the use of the site creates any form of association, partnership, labor relationship, agency, commission or other similar relationship between you and Borden Dairy Company. You further confirm that the present document does not constitute a license, assignment or transfer to you of any sort of right.

Headlines and titles.

The headlines and titles that appear in these Terms of Use are for reference purposes only and do not modify in any other way these terms and conditions.

Jurisdiction.

This website is controlled and operated by Borden Dairy Company from its offices within the state of Texas, United States of America. All claims relating to this site, the materials contained in it and their use will be governed by and construed in accordance with the laws of the State of Texas and of the United States of America, as appropriate. Borden Dairy Company makes no representation that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnity/Release.

You understand that you are personally responsible for your behavior while on the website and agree to indemnify and hold Borden Dairy Company, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the website and in connection with a third party claim or otherwise, in relation to your use of or access to the website, or your violation of either these Terms of Use, applicable law or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the website. To the extent permitted under applicable laws, you hereby release Borden Dairy Company from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Terms of Use and any conduct or speech, whether online or offline, of any other user.

Disclaimer of warranties.

YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE WEBSITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE), ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BORDEN DAIRY COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE WEBSITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE.

Limitation of liability.

Under no circumstances, including, but not limited to, negligence, will Borden Dairy Company be liable for any direct, indirect, special, incidental or consequential damages arising directly or indirectly from the use of, or the inability to use, the materials in this website, even if Borden Dairy Company or a Borden Dairy Company authorized representative has been advised of the possibility of such damages. In no event will Borden Dairy Company’ total liability to you for all damages, losses, costs, expenses and causes of action exceed the amount, if any, paid by you for accessing this site.

Modifications and severability.

We reserve the right to make changes to our website, Policies and these Terms of Use at any time, by posting such changes on this website or otherwise publicizing them. Such changes shall be effective immediately unless we advise otherwise. If any of these terms shall be deemed invalid or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining items.

Release of information about us.

In order to improve our business, we may buy or sell a company, buy or sell a part or whole of a business, or one or more of the companies in our corporate family may merge with or be acquired by another company. If we sell a business, we would probably transfer some or all of your information as a part of the sale, in order that the service being provided to you may continue. In that event, you will receive notice, through our website, of that change in control and practices, and we will make reasonable efforts to ensure that the purchaser honors any opt-out requests you might make of us. We may also release information when we believe it is necessary and appropriate to comply with applicable laws or to protect the rights, property or safety of Borden Dairy Company, our employees, customers, website visitors, or others.

Termination.

We can suspend or terminate your registration in Borden Dairy Company and your access to the website, in whole or in part, at any time, immediately and without notice if, at Borden Dairy Company’ sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this website and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the website, and the restrictions imposed on you with respect to any materials downloaded from the website and the disclaimers and limitations of liabilities set forth in the Terms of Use shall survive.

Miscellaneous.

These Terms of Use and policies incorporated herein, are the entire agreement between you and Borden Dairy Company. They supersede any and all prior or contemporaneous agreements between you and Borden Dairy Company relating to your use of the website. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. The failure of Borden Dairy Company to partially or fully exercise any rights or the waiver by us of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.