TERMS OF USE

TILLAMOOK COUNTY CREAMERY ASSOCIATION TERMS OF USE (“TERMS”)

Last updated: December, 2023

Welcome to our Terms of Use! Sometimes these sorts of things can get a little boring…but they’re only written this way to avoid any confusion. Go on, have a look-see!

And now a word from our lawyers:

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE YOU ENTER OUR WEB PROPERTIES (as defined below). BY USING ‎OUR WEB PROPERTIES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU ‎MUST NOT ACCESS OR USE OUR WEB PROPERTIES.‎ Your use of one of Our Web Properties may also be subject to additional terms outlined elsewhere on that website and one of Our Web Properties may themselves contain additional terms that govern particular features or offers (for example, contests, sweepstakes, coupon offers, or chat areas). In the case of any conflict, the terms set forth herein shall control. OUR TERMS ARE BELOW.

TERMS OF USE

Unless otherwise specified, Our Web Properties are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Our Web Properties.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of Our Web Properties solely for your own noncommercial use. Any other use of materials on Our Web Properties, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of Our Web Properties, without our prior written permission is strictly prohibited.

Harassment in any manner or form on any of Our Web Properties, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Repetitive posting or spamming is prohibited. Impersonation of others, including a TCCA employee, host, or representative or other members or visitors on Our Web Properties is prohibited. You may not upload to, distribute, or otherwise publish through Our Web Properties any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise gives rise to liability or violates any law. You may not upload commercial content on Our Web Properties or use Our Web Properties to solicit others to join or become members of any other commercial online service or other organization. We may remove any content that we determine violates our policies or these Terms. Objectionable user-submitted content should be brought to our attention by contacting us. We do not review all user generated content. It is possible that you may encounter user generated content which may be offensive, unlawful, deceptive, misleading or inaccurate. We do not have any liability for content or information generated by others. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Our Web Properties. YOU WAIVE AND HOLD HARMLESS TCCA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TCCA AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TCCA AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

The entire content included in Our Web Properties, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of TCCA. The collective work includes works that are licensed to us. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to TCCA, or other respective owners that have granted TCCA the right and license to use such Marks.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notification must include ALL of the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of your notice is the best way to help us locate content quickly); Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to: By Mail: Tillamook County Creamery Association Legal Dept./Infringement Notice 4185 Highway 101N Tillamook, OR 97141 By Email: Contact Us (Please include "Notice of Infringement" in the message.) See our Designation of Agent information on file with the U.S. Copyright Office at: http://www.copyright.gov/ onlinesp/list/a_agents.html

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

SUBMITTED INFORMATION

You retain copyright and any other rights you already hold in ideas, comments, information or material (referred to as "user content") which you submit, post or display on or through, Our Web Properties. However, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any user content which you submit, post, or display on or through, Our Web Properties. Whenever Tillamook invites your suggestions and/or product ideas, and whenever you submit any unsolicited suggestion and/or product idea, your submission is “user content” and you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, Our Web Properties and Tillamook incurs no liability to you as a result of any similarity between your submission and Tillamook products, marketing initiatives, or other company programs. You agree that this license includes a right for us to make such user content available to other companies, organizations, or individuals with whom we have relationships for the provision of services, and to use such content for any purposes whatsoever, commercial or otherwise, including, but not limited to, use, reproduction, disclosure, transmission, publication, broadcasting or posting without any compensation to you as the provider of the content. You agree that all content you submit, post, or display will be treated as non-confidential and non-proprietary information. This paragraph does not apply, however, to your personally identifiable information that we ask you to submit to us, such as your name, email address, physical address, or mailing address, which is governed by our Privacy Policy.

You understand that we may (a) transmit or distribute your user content over various public networks and in various media; and (b) make such changes to your user content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit us to take these actions.

You confirm and warrant to us that you have all the rights, power, and authority necessary to grant the above license.

USER ACCOUNTS

Portions of Our Web Properties require that you create a user account. Unless the law in your jurisdiction requires you to be older, you must be at least thirteen (13) years old to create a user account. If you create a username for your user account, we reserve the right to remove it if we determine that it is inappropriate. You will not use a false name or create an account for anyone but yourself without permission. You will not create more than one user account. We may disable your account if we determine, in our sole discretion, that you have violated our policies, these Terms, or applicable law. If we disable your account you will not create another one without our permission. If you use a password for access, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access those portions of Our Web Properties requiring a password. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately through our Contact us page.

If you have created a user account, you can access and update your personal information, including account information, cancel your account, or change your account password by logging into your user account or by contacting us.

You are responsible for deciding if you want to access or use third party apps or sites that link from Our Web Properties. If you allow a third party app or site to authenticate you or connect with your account on Our Web Properties, that app or site can access information on our site related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps -- use these at your own risk.

COUPON POLICY

E-coupons must be redeemed at time of purchase. One E-coupon per purchase, per customer. Cash value 1/100 of one cent. E-coupons may not be exchanged, refunded, replaced, or redeemed for cash or payment of accounts. Normal and customary taxes, fees, shipping charges, and surcharges will apply. May not be combined with other coupons or any other discounts. Offer excludes previous purchases, purchase of gift certificates, shipping charges, and non-stock special orders. E-coupon promotion subject to termination at any time. These Terms are subject to change at any time without prior written notice.

NO WARRANTIES

Your use of Our Web Properties is at your own risk and we are not liable for inaccuracy or errors in any material on Our Web Properties. OUR WEB PROPERTIES ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant availability or functionality of Our Web Properties or that they will operate in an error free manner or free from viruses, worms, or other harmful code. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

DISPUTES Binding Arbitration and Class Action Waiver

You and TCCA agree to arbitrate all disputes between you and TCCA or its affiliates, except disputes relating to the enforcement of TCCA or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning Our Web Properties or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and TCCA empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable. In the event of a dispute, you or TCCA must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below. We will send any notice of dispute to you at the contact information we have for you. You and TCCA will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. You must send any notice of dispute to: Attention: Legal/Arbitration Notice 4185 Highway 101 N Tillamook, OR 97141. If you and TCCA do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, TCCA will pay all filing, AAA, and arbitrator’s fees and expenses.

The arbitration will take place at any reasonable location convenient for you and TCCA.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor TCCA will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these Terms or the TCCA that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Portland, Oregon, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Oregon and the laws of the United States, without giving effect to any conflict of law principles (whether in the jurisdiction selected above or any other jurisdiction).

Severability

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.

Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.