SMART SWAPS TERMS AND CONDITIONS OF USE
Smart-Swaps.com (the “Site”) was created by and is managed by Dairy Management, Inc. (“DMI”). By using the Smart Swaps website YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“Terms”), which is a legal agreement between you and DMI. In addition, when using particular areas, features, and/or functions of the Smart Swaps website, you shall be subject to any posted guidelines or rules applicable to such areas, features, and/or functions. The Privacy Policy, all guidelines, and rules posted on the Smart Swaps website, and all disclaimers and terms and conditions that appear elsewhere throughout the Smart Swaps website, are hereby incorporated by reference into these Terms.
DMI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT ITS DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CONTACTING: info@smart-swaps.com
1. Certification. YOU MUST BE AT LEAST 18 YEARS OF AGE AND PHYSICALLY LOCATED IN THE UNITED STATES TO REGISTER, ACCESS AND USE ANY SERVICE PRVIDED BY THIS SITE. IF YOU ARE UNDER THE AGE OF 18 OR LOCATED OUTSIDE OF THE UNITED STATES, DO NOT USE THIS SITE FOR ANY PURPOSE. DMI makes no claims that the Site or any of its content will be accessible or appropriate outside of the United States and access may not be legal by certain persons or in certain countries. Anyone accessing the Site from outside the United States does so at their own risk and bears all responsibility for compliance with local laws.
2. Privacy. You are responsible for reviewing our Privacy Policy to understand our data collection, use, and disclosure practices. The Privacy Policy also governs your use of the Site. You can review the Privacy Policy by going to: Privacy Policy
3. Accounts. You may be required to create an account in order to access certain content on the Site. You agree that you are a school nutrition professional, food service employee or nutritional consultant at a school located in the United States and that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide. You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any content accessed via the Site.
4. Ownership, Copyrights, Trademarks, Service Marks, Licenses. The Site’s content, including trademarks, service marks, logos, and copyrighted work, is owned by Dairy Management, Inc. and other individuals or entities, and subject to all applicable intellectual property protections by United States and international copyright laws. Any reproduction, retransmission or republication, of all or any part of the Site, is expressly prohibited unless DMI or the copyright owner of the content has expressly granted its consent prior to such reproduction, retransmission or republication. No rights or title to any of the proprietary information on the Site used in connection with any of the content or services is transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Site’s content or services, in whole or in part. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks, service marks, or logos of DMI or any third party is expressly prohibited. Nothing stated or implied in these Terms or on the Site confers to you any license or right under any trademark, service mark, logo, or patent of DMI or any third party.
5. Links to Third-Party Sites. The Site may provide links to websites created and managed by entities other than DMI (“Third-Party Sites”). DMI does not control Third-Party Sites that the Site provides links to. DMI cannot monitor or otherwise evaluate such Third-Party Sites, and DMI is not responsible for any of the Third Party Sites’ contents, features, codes, underlying materials, terms of use or privacy policies. You are responsible for checking each Third Party Site’s terms and conditions of access and use, as well as each Third-Party Site’s privacy policies. A link to a Third-Party Site does not constitute an endorsement or representation about the value, quality, or usefulness of anything found on the Third-Party Site.
6. Products and Services. Products and services offered, shown, or discussed on this Site, may be offered, shown, or discussed at the request of third-party suppliers. Therefore, such products and services may be subject to disclaimers, license terms, and terms of use or sale that are in addition to, or distinct from, these Terms of Use. The accuracy of the colors depicted on this Site, such as colors of products, will depend upon your monitor. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate.
7. Obligations. You are required to comply with all applicable laws in connection with your use of the Site, as well as any further limitations that are set forth in any written or on-screen notice concerning the Site from DMI. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful, or in any way attempt to interfere with the proper working of the Site. DMI reserves the right to terminate your ability to access the Site at any time without notice, in its sole discretion. DMI also reserves the right to (i) disclose any information that it, in good faith, believes must be disclosed in order to cooperate with police investigations or other legal proceedings or legal requirements, and (ii) edit, refuse to post, or remove any of the Site’s information or materials, in whole or in part.
8. License Granted. DMI does not claim ownership of any information or material you transmit, distribute, communicate, or store on, to, or through the Site. However, by using the Site, you grant DMI a world-wide, royalty free, perpetual, unlimited, and non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display any information or material you transmit, distribute, communicate, or store on, to, or through the Site.
By transmitting, distributing, communicating, or storing any information or material on, to, or through the Site, you warrant and represent that you own or otherwise control all of the rights to such information or material, and that use of such information or material by DMI will not infringe upon or violate the rights of any third party. You may only transmit, distribute, communicate, or store information or material on, to, or through the Site that you created, or that you have the express permission to transmit, distribute, communicate, or store. This includes, but is not limited to, material that is copyrighted by other organizations or individuals.
9. Disclaimer of Representations and Warranties; Limitation of Liability. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy or completeness of this information.
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. DMI MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. DMI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
In no event will DMI or its affiliates, or any party involved in creating, producing, or delivering the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, be liable in any manner whatsoever for any direct, indirect, incidental, consequential, special, or punitive damages arising out of (i) your access to, use of, or inability to use the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site, or (ii) any failure of performance, alteration, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure in connection with the Site, any part thereof, or any content or service that may be accessible directly or indirectly through the Site. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection.
Furthermore, you indemnify and agree to defend and hold harmless Smart-Swaps.com, DMI, and its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of any information obtained from this Site, your infringement or violation of any third-party’s intellectual property rights, your violation of these Terms, and your use of the Site, including any breach by you of the Terms.
10. No Professional Advice/No Reliance. The content and information provided on this Site, including recipes, nutritional claims, and product details, is provided for general informational purposes only and is not intended as a substitute for medical, legal, dietary or other professional advice. Always seek the advice of your physician, registered dietitian, or other qualified health provider with any questions you may have regarding health or diet. DMI does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information, including information provided by third-parties. DMI expressly disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone to whom you share or transfer Site documents or information. DMI is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties on the Site. State laws and individual situations vary, and users of the Site are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
11. Prohibited Use. You may use the Site for lawful purposes only in accordance with these Terms. Accordingly, you agree not to use the Site:
• in violation of any applicable federal, state, local, or international law or regulation;
• in any way that exploits, harms, or attempts to exploit or harm minors by exposing them to inappropriate content, by soliciting personally identifiable information, or by other means;
• for the purpose of sending, knowingly receiving, uploading or downloading, using, or re-using any material that does not comply with these Terms;
• for the purpose of transmitting or sending any advertising or marketing materials without our prior written consent, including but not limited to “junk mail,” “chain letter,” or “spam”;
• for the purpose of impersonating or attempting to impersonate DMI or any of its employees, agents, or affiliates; other users, or any person or entity;
• for the purpose of engaging in conduct that attempts to restrict or inhibit anyone’s use or enjoyment of the Site or that attempts to cause any harm to DMI or users of the Site, as determined in our sole discretion;
• in any way that results in an infringement of DMI intellectual property rights.
12. Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of Illinois, excluding its conflict of law rules. You and DMI expressly agree to submit to the exclusive jurisdiction and venue of the courts in Illinois in all disputes arising out of or relating to the use of the Site.
13. Severability and Integration. These Terms govern your use of the Site. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms of Use.
14. Entire Agreement. This Agreement constitutes your entire Agreement with Smart-Swaps.com and Website Owner with respect to any services.
15. Confidentiality. It is our policy to release a website user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting these Terms, you waive all rights and agree to hold DMI harmless from any claims resulting from any action taken by DMI during or as a result of its investigations and/or from any actions taken as a consequence of investigations of Smart-Swaps.com by law enforcement authorities. Any passwords used for this website are for your individual use only. You will be responsible for the security of your password(s). From time to time, Smart-Swaps.com may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, DMI reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Smart-Swaps.com and DMI reserve the right to investigate suspected violations of these Terms. DMI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DMI to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
16. Consent to Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
17. Termination. DMI may, in its sole discretion, terminate your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice to you and for any reason, including, but not limited to: (i) any access or use of the Site except as expressly provided in these Terms, (ii) any violation of these Terms or the laws, rules, and regulations applicable to the use of the Site, or the software and/or data files contained in, or accessed through, the Site, or (iii) tampering with or altering any of the software and/or data files contained in, or accessed through, the Site.
18. Questions. If you have questions concerning these Terms of Use, and/or your use of the Site, please contact info@smart-swaps.com. We welcome your feedback. You can also send us concerns or questions via regular mail at the following address:
Dairy Management, Inc.
Attn: Andrea Weber
6133 N River Road
Rosemont, Illinois 60018
info@smart-swaps.com