Stuck in Vermont Features Reward Volunteers
(Seven Days), 04/07/13
Cabot Celebrates Community Volunteers
Community Tour across United States celebrates volunteers!
Keep Track of Your Volunteer Work With This New App
(Mashable US & World), 03/29/12
Cabot Creamery launches Reward Volunteers
(New England Cable News (NECN)), 03/07/12
The terms "you" and "your" refer to (i) visitors to our Website and (ii) users who download one of our Apps to use our Services ("Users" or "Volunteers"). The terms "Cabot Creamery Cooperative," "we" and "us" refer to Cabot Creamery Cooperative
Cabot Creamery Cooperative reserves the right to modify, alter, or otherwise update the Website, Apps, Services, these Terms, and any other Cabot Creamery Cooperative Policies at any time. Cabot Creamery Cooperative will post such changes to the Website, and you agree to monitor the Website and the Cabot Creamery Cooperative Policies for such revisions.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT DOWNLOAD ANY OF THE APPS OR USE OUR WIDGET, WEBSITE OR SERVICES.
A. Cabot Creamery Cooperative Service. Cabot Creamery Cooperative provides a new way to motivate yourself and others to volunteer, track the time you volunteer for organizations or others ("Beneficiaries"), share your volunteer activities with your friends, and the opportunity to win rewards for your efforts from sponsors ("Sponsors") of volunteer reward campaigns ("Campaigns"). If the Sponsor(s) offers rewards to Beneficiaries, and your designated Beneficiary is one of the Qualified Beneficiaries, then your designated Beneficiary may also win cash rewards from the Sponsor(s). Cabot Creamery Cooperative provides methods for you to monitor and receive rewards for volunteer work you perform, but you are responsible for signing up for Campaigns, choosing your Beneficiaries, the type and amount of volunteer work, and logging the time you volunteer.
B. Website. Visiting the Website does not require registration. To access and use the Services, connect through your computer or mobile device and log your volunteer time and access rewards, you must do so through Facebook Connect using your Facebook account.
C. No Users Under Age 13. The Services are intended solely for Users who are 13 years of age or older, and any registration, use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. If you are under 18 years of age you may use the Services only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to be legally bound by these Terms.
B. Cabot Creamery Cooperative Services. Subject to Cabot Creamery Cooperative Policies, you are hereby granted a non-exclusive, non-transferable, revocable license to access and use Cabot Creamery Cooperative's Services for your own personal use. Your use of our Services is subject to Facebook's Statement of Rights and Responsibilities.
C. Restrictions. Unless expressly authorized by Cabot Creamery Cooperative, you may not: (i) modify, disassemble, decompile or reverse engineer any App or the Services, except to the extent that such restriction is expressly prohibited by law; (ii) remove, circumvent, disable, damage or otherwise interfere with security-related features of an App or Services, features that prevent or restrict use or copying of any content accessible through an App, or features that enforce limitations on use of an App; or (iii) delete the copyright and other proprietary rights notices on an App or the Services.
D. Responsibility. You are responsible for all activity related to your access and use of the Apps, Website, Services and Facebook Connect. You are also responsible for all activities under your account. In addition to the other restrictions contained in these Terms, you agree that you will not, directly or indirectly, without our prior express written consent: (1) disguise the origin of information transmitted to, or frame this Website, impersonate or "spoof" any individual or misrepresent your affiliation with any individual or entity; (2) infringe upon or violate the intellectual property rights, privacy rights, publicity rights or any other similar proprietary or personal rights of any individual or entity while using the Apps, Website or Services, or posting any content or information through the Services; (3) post, publish or transmit any information using the Apps, Website or Services that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable; (4) install, upload or otherwise introduce to the Website or Services any material that contains any malicious or unauthorized computer programming routines; (5) corrupt, hack, modify or otherwise tamper with the Apps, Website, or Services, or use an App, Website or Services to corrupt, hack, modify or otherwise tamper with any other site or to probe the vulnerability of any other site or services; (6) interfere with any other User's access to or use of the Apps, Website, Services or Cabot Creamery Cooperative Content, or attempt to gain unauthorized access to User data through the Apps, Website or Services, or (7) use the Apps, Website or Services for the unauthorized interception of any communications.
E. Upgrades. You acknowledge that Cabot Creamery Cooperative may, but is not required to issue upgraded versions of each App, and may require you to upgrade the version of an App you are using to continue using the Services. You agree that these Terms apply to all such upgrades.
F. Apple Terms. You acknowledge and agree that this agreement is solely between you and Cabot Creamery Cooperative, not Apple, and that Apple has no responsibility for an App or the contents thereof, the Services or any content thereof. Your use of the iPhone App and Services must comply with the Usage Rules set forth in an Apple App Store Terms of Service. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of an iPhone App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any is paid by you, for an App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Cabot Creamery Cooperative as provider of the software. You acknowledge and agree that Apple is not responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Cabot Creamery Cooperative as provider of the software. You acknowledge and agree that, in the event of any third party claim that an App or your possession and use of an App as permitted under these Terms infringes that third party's intellectual property rights, Cabot Creamery Cooperative, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim solely to the extent required by these Terms. This provision shall not be construed as creating any additional obligations on the part of Cabot Creamery Cooperative to the extent not otherwise provided by the Terms. You and Cabot Creamery Cooperative acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of an iPhone App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of an App against you as a third party beneficiary thereof. You represent and warrant that (i) your are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties
G. Rights Reserved. The foregoing license grant is not a sale of an App or any copy thereof. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly permitted by the Cabot Creamery Cooperative Policies, is void. Cabot Creamery Cooperative reserves all rights not expressly granted. Cabot Creamery Cooperative may terminate this license and the Services at any time for any reason or no reason.
H. Export Control. The Apps, Website and Services originate and are hosted in the United States, and are subject to United States export laws and regulations. You agree to comply with all United States federal and state and foreign laws related to use of an App, Website and Services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Website and through the Services are solely directed to individuals, companies, or other entities located in the United States.
I. Third Party Websites. If you access a third party website from Cabot Creamery Cooperative, you do so at your own risk, and you understand that Cabot Creamery Cooperative's Policies do not apply to your use of such third party websites.
3. Reach Points, Rewards and Campaigns
A. How it Works. To use the Services you must: (1) have a Facebook account; (2) download the Cabot Creamery Cooperative iPhone App or use a Cabot Creamery Cooperative Widget; and (3) use Facebook Connect to log and share your volunteer activities. To log and track the time you volunteer, connect with your Facebook account through the Cabot Creamery Cooperative App or Widget. You must identify one or more Beneficiaries of your volunteer time, by selecting the Beneficiary's Facebook page if it has one, or writing in the Beneficiary's or the volunteer activity's name. (If the Beneficiary is an established organization but does not have a Facebook page, please encourage the organization to create one.) Once you have created an account and identified your Beneficiary, and connected through Facebook Connect, you can begin logging time, viewing total hours and "Reach Points" (described below). You may cancel use of the Cabot Creamery Cooperative App and Services at any time by deleting the App from your mobile device and adjusting your Facebook Permissions to delete the App. Cabot Creamery Cooperative may at any time for any reason or no reason suspend or terminate your use of the Cabot Creamery Cooperative Services, and/or refuse any and all current or future use of the Services without notice or liability to you. If Cabot Creamery Cooperative suspends or terminates your use of the Services, you understand and agree that you shall receive no refund or exchange for any Reach Points. If there is any question regarding the identity of a Volunteer, the authorized account holder of the email address used to enter the Campaign at the time of entry will be considered the Campaign entrant.
B. Beneficiaries. Your Beneficiary may be any organization or person to whom you provide services without compensation, or any volunteer activity that benefits your community, the environment or society generally ("Volunteer" or "Volunteer Time"). For example, Beneficiary may be a non-profit organization, church, school, your grandmother whom you visit weekly to help clean house, or your neighborhood where you pick up trash while you walk your dog. However, please note that at the time of prize selection, if at least half your volunteer time is not for an organization that is a US 501(c)3 registered non-profit or any organization exempt from taxes with a Facebook page, you may be ineligible to win. In order for an organization to win an Award it must be a US 501(c)3 registered non-profit organization or any organization exempt from taxes and have a Facebook page ("Qualified Beneficiary").
C. Reach Points. You must be a resident of the United States to earn Reach Points. You earn your first four Reach Points by registering and volunteering for at least one hour. Thereafter, you earn Reach Points by logging your Volunteer Time and selecting the category the Volunteer activity falls under. You also earn Reach Points when you: (1) email friends about the Volunteer activity (app only, not widget); (2) receive comments on your posts (within the app or on Facebook); and (3) receive "likes" for the posts (within the app or on Facebook). Each full hour of volunteer time earns 4 Reach Points and 1 Reach Point is earned for each (1) email about the Volunteer activity you send that is opened by a recipient, (2) comment you receive on your postings, and (4) "like" you receive on your posting. Please note that with the Widget, you do not have the opportunity to send emails, thus you have fewer chances to earn Reach Points. Also, if you block certain features of the App through your privacy settings in Facebook, you may adversely affect your chances of earning Reach Points. You can also earn one Reach Point and enter for a chance to win an award by mailing a letter or card that includes your name and email address to the Sponsor of the Campaign. The more Reach Points you earn, the more chances you earn to win a Campaign Reward. When you list a Beneficiary's Facebook page, the Beneficiary also gets credit for the Reach Points you earn. Reach Points you earn will be applied to only one Campaign; Reach Points may not be applied to more than one Campaign. Reach Points are redeemable only for Campaign Rewards, have no value outside of the Cabot Creamery Cooperative Services and are not redeemable for any sum of money or monetary value from Cabot Creamery Cooperative at any time.
D. Campaigns. Volunteer Reward Campaigns are sponsored by one or more Sponsors who provide Rewards to Volunteers and their Beneficiaries. Reach Points you earn will be applied to only one Campaign; Reach Points may not be applied to more than one Campaign. Specific Rewards and Campaign rules are specified in the "Rules" tab of each Campaign. The Campaign may be canceled, terminated or modified if it cannot be operated, conducted or completed as planned, for any reason. Neither Apple nor Facebook is a sponsor of, or responsible for conducting, any Campaigns.
E. Rewards. "Rewards" are cash, prizes, coupons, gift certificates, special offers, vouchers, and other items of value that may be awarded in a Campaign by Sponsors, in their sole and absolute discretion. Each Campaign may have one or more award(s) of varying values. Rewards may be substituted for other rewards of equal value, based on availability. For each Campaign, you are eligible to win one grand prize plus one other Reward. You will not be awarded more than one Reward per Campaign (except you will remain eligible for one final grand prize at the end of the Campaign). Reward Winners will be notified by email at the User's Primary Facebook email address or other email address provided to Cabot Creamery Cooperative by the User. Rewards must be accepted and claimed within five (5) days after notification. Winning organizations ("Qualified Beneficiaries") will be notified via the contact information on their website. Rewards for organizations ("Qualified Beneficiaries") must be accepted and claimed within five (5) days after notification. A Sponsor's employees and their family members generally are not eligible to win Rewards provided by that Sponsor. The Specific Rewards and rules and conditions for each Campaign are specified in the "Rules" tab of the Campaign. Rewards are redeemable for cash, goods or services by the issuing Sponsor or third party merchant ("Merchant") within the timeframe specified in the Reward Rules. If you use or purchase Rewards services or goods, you do so at your own risk. You expressly relieve Cabot Creamery Cooperative from any and all liability arising from your purchase and or use of any Rewards. With respect to Rewards that are discounted coupons, gift certificates, special offers or vouchers ("Coupons") for goods or services sold by Sponsors or third party merchants, Cabot Creamery Cooperative has no control over, and assumes no responsibility or liability for, any such goods or services. Additional terms and restrictions may be set out in the Coupon and will apply. The issuing Merchant, not Cabot Creamery Cooperative, sets the terms associated with the Coupon and is responsible for the goods and services you purchase with the Coupon. The permitted redemption period is determined by the Merchant. Neither Cabot Creamery Cooperative nor the Merchant is responsible for lost or stolen Coupons or for Coupons that expire. Reproduction, sale, trade or transfer of Coupons is generally prohibited. If you purchase services or goods using any such Coupons, you do so at your own risk. You expressly relieve Cabot Creamery Cooperative from any and all liability arising from your purchase and or use of any third-party Rewards.
F. Odds of Winning. A Volunteer's odds of receiving a Reward depends on how much Volunteer activity the Volunteer logs in the Campaign relative to how much Volunteer activity all of the other Volunteers log in the Campaign. A Beneficiary organization's odds of receiving a prize depends on the aggregate Volunteer activity of all of the Volunteers who Volunteer for the Beneficiary organization relative to the aggregate Volunteer activity for all of the Beneficiary organizations in the Campaign. The odds depend on the amount of Volunteer activity each individual Volunteer records relative to the amount of Volunteer activity all Campaign Volunteers record, and the credit for aggregate Volunteer activity each Beneficiary organization receives relative to the credit for aggregate Volunteer activity all of the organizations in the Campaign receive.
G. Sponsors. A "Sponsor" is an organization or person that provides one or more Rewards to be awarded during a Campaign, or is otherwise designated as a Sponsor withing the Services. A Campaign may have one or more Sponsors. Cabot Creamery Cooperative is not responsible for Sponsors or any injuries, illnesses, damages, claims, liabilities or costs suffered by or in respect of a User, caused in whole or in part by the Sponsor or a Merchant. You waive, and release Cabot Creamery Cooperative and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a Sponsor or Merchant in connection with a Reward or the services/goods provided in connection therewith and other laws relating to the redemption of the Rewards or any portion thereof.
H. NO PURCHASE NECESSARY TO ENTER A CAMPAIGN
J. Connection Issues. Cabot Creamery Cooperative and its Sponsors are not responsible for any problems with your time entries, including technical failures related to computer, telephone, cable, and unavailable network or server connections, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries. If for any reason a Campaign is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Cabot Creamery Cooperative or the Sponsors that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Campaign. Cabot Creamery Cooperative and its Sponsors reserve the right at their sole discretion, to cancel, terminate, modify or suspend a Campaign in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Cabot Creamery Cooperative and its Sponsors do not assume any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Cabot Creamery Cooperative and its Sponsors are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in a Campaign or downloading any materials in a Campaign. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR SREVICE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF A CAMPAIGN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CABOT CREAMERY COOPERATIVE AND ITS SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Your Information and Content
A. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the applicable registration processes for the Services; (2) maintain and update according to Cabot Creamery Cooperative's modification procedures the information you provided to Cabot Creamery Cooperative when using the Services as needed to keep such information current, complete and accurate; and (3) log your volunteer work truthfully and honestly. You agree not to provide false information or log time that you did not volunteer.
B. Cabot Creamery Cooperative uses your Facebook User profile. You can change your User profile by changing and how you interact with the Services by changing your settings in your Facebook User. You agree Cabot Creamery Cooperative, Sponsors and Beneficiaries may rely on this information to send you notices and other information regarding the Services, Campaigns and other matters.
C. The Services allow Users to share volunteer time and other information and/or upload photos, comments, questions, and other information (collectively "User Content"). You determine whether to share your information and User Content with others in connection with the Services and through other social media available through our Services. Always use common sense and caution. You are solely responsible for your interactions with other Cabot Creamery Cooperative Users and your friends on the social media available through our Services. Cabot Creamery Cooperative does not control the User Content shared; you understand you may be exposed to User Content that is inaccurate or objectionable. Neither Cabot Creamery Cooperative nor its Sponsors or any Beneficiaries are responsible or will be in any liable for your sharing of information or your User Content.
D. You may not post any User Content to or through the Services unless you have the necessary rights to do so. By posting any User Content on the public portions of the Service, you expressly grant to Cabot Creamery Cooperative a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, distribute, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, including without limitation, any photos or other likenesses of yourself that you post to the Services and Facebook, in any form, media or technology, whether now known or hereafter developed. You may not post User Content if (1) posting or using it will infringe or violate any rights of any third party, including but not limited to any intellectual property or other proprietary rights, privacy rights and rights of publicity; (2) it contains any obscene, libelous, hateful, harmful, defamatory, racist, illegal or otherwise objectionable content; (3) it promotes or relates to information about illegal activities or promotes physical harm or injury against any individual or group; (4) its misrepresents your identity or represents yourself as another person; (5) it that disparages or otherwise damages the goodwill and reputation of any party.
E. Your Facebook Profile Picture is the default image that will appear next to the posts of volunteer activity within App or posted to Facebook. Volunteers are encouraged to post photographs of themselves performing volunteer activities. You consent to Cabot Creamery Cooperative's posting the photographs and making them available and accessible to your friends. To upload or take a photograph to replace your Facebook profile picture, select the camera icon. If you do not want to share your photograph outside of the Cabot Creamery Cooperative Service, you can deselect the Facebook icon and select "share," which will share the posting only within the Cabot Creamery Cooperative Service. You cannot opt out of this feature. When a Volunteer logs Volunteer Time, an automatically generated message appears and you can then post a message to Facebook unless you deselect (opt out of) this feature. Every 10 seconds Cabot Creamery Cooperative will post one user's Facebook profile photo, or replacement photo on a live map on the Widget with a brief statement about the volunteer activity. The rough location on the map will correspond to the user's Facebook "current location". By using the Service, you consent to such use of your photo and likeness. Acceptance of a Reward constitutes your consent to the use of you photograph, name, likeness, and/or biographical information for promotional or advertising purposes in connection with a Campaign or the Service.
5. Our Proprietary Rights
A. Except for your User Content, all right, title, and interest in and to the Website, Apps and Services and all content and materials therein or transferred thereby, including, without limitation, software, data, images, text, graphics, illustrations, logos, patents, inventions, and/or improvements, trademarks, service marks and logos, copyrights, photographs, audio, videos, music, all software and inventions used on and in connection with this Website, Apps and Services and all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services are and will remain the exclusive property of Cabot Creamery Cooperative and its licensors. Other than the non-exclusive rights expressly granted in the Cabot Creamery Cooperative Policies you do not obtain any rights, express or implied, in any Apps, the Website, Services, content, or any part thereof.
B. Any feedback, comments, or suggestions you may provide us is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You agree to defend, indemnify and hold harmless Cabot Creamery Cooperative and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to an App, Website, Services and Cabot Creamery Cooperative Content, including any data or content transmitted or received by you, and any goods or services purchased by you with the Coupons; (ii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, intellectual property or other proprietary or personal rights; (iii) your violation of any Policies, or any law, rule or regulation; (iv) any claim or damages that arise as a result of any of your User Content or any information or content that is submitted via your account; (v) any other party's access and use of the Services with your computer, mobile device, account or other code; and (vi) your use the Services to meet another User in-person or to locate and/or visit any offline place or event.
7. Warranty disclaimer
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CABOT CREAMERY COOPERATIVE, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. CABOT CREAMERY COOPERATIVE IS NOT RESPONSIBLE FOR THE VOLUNTEER WORK YOU UNDERTAKE, WHERE YOU DO YOUR VOLUNTEER WORK OR THE DURATION OF YOUR VOLUNTEER WORK.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CABOT CREAMERY COOPERATIVE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICES; OR (C) ANY OTHER INTERACTIONS WITH CABOT CREAMERY COOPERATIVE OR ANY OTHER USER OF THE CABOT CREAMERY COOPERATIVE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CABOT CREAMERY COOPERATIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
A. Governing Law. You agree that: (i) the Services shall be deemed solely based in the State of Vermont, United States of America; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Cabot Creamery Cooperative, either specific or general, in jurisdictions other than Vermont. These Terms shall be governed by the internal substantive laws of the State of Vermont, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Cabot Creamery Cooperative that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Vermont, and you agree to submit to the jurisdiction of such courts.
B. Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY DISPUTE OR LITIGATION BASED, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS, OR THE USE OF THE APP, WIDGET, WEBSITE OR SERVICES.
C. Notification Procedures. Cabot Creamery Cooperative may provide notifications, whether such notifications are required by law or otherwise, to you via email notice, written or hard copy notice, text message, or through conspicuous posting of such notice on our website, as determined by Cabot Creamery Cooperative in our sole discretion.
D. Entire Agreement/Severability. These Terms, and the other Policies, together with any amendments and other legal terms referenced in the Policies, shall constitute the entire agreement between you and Cabot Creamery Cooperative concerning the Services. If any provision is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
E. No Waiver. No waiver of any term of the Cabot Creamery Cooperative Policies shall be deemed a further or continuing waiver of such term or any other term, and Cabot Creamery Cooperative's failure to assert any right or provision under the Cabot Creamery Cooperative Policies or Terms shall not constitute a waiver of such right or provision.
F. Survival. You continue to be bound by the Cabot Creamery Cooperative Policies after termination of your account. Provisions of these Terms which by their nature are intended to survive termination of your use of the Services will survive, including but not limited to Sections 1, 2C-2I, 3G and 4-9.
G. Assignment. Your rights and licenses granted hereunder may not be transferred or assigned by you. Cabot Creamery Cooperative's rights to assign these terms are not subject to restriction
H. Force Majeure. We will not be liable for any delay or failure of performance, and no delay or failure of performance will constitute a default or give rise to any liability for damages if such delay or failure is caused by causes beyond our control, including, without limitation, acts of nature, war, terrorism, and civil disturbance.
If you have any questions, complaints or claims regarding the Cabot Creamery Cooperative Policies or its Services, please contact us at:
Cabot Creamery Cooperative
1 Home Farm Way
Montpelier, VT 05602
Customer Service Inquiries at firstname.lastname@example.org