Terms, Conditions, & Refunds
ATTENTION: This legal notice applies to the entire contents of the web site under the domain name Hudsonmilk.com ("Site") and to any correspondence by e-mail between HM and any User (as defined below). Please read these terms and conditions carefully before using the Site. Use of the Site indicates that you accept these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms and conditions please do not use this Site.
Prior to use of the Site please visit and read the following web pages.
These terms and conditions ("User Terms") apply to all persons who access the Site ("User"). By accessing the Site, each User acknowledges acceptance of these terms and conditions. HM Limited ("HM") reserves the right to change these User Terms from time to time at its sole discretion without prior notification. Any change will be deemed to take effect twenty four (24) hours after posting on the Site and will be deemed to be accepted by Users who continue to access the Site thereafter. In the case of any violation of these User Terms, HM reserves the right to seek all remedies available by law and in equity for such violations.
2. Ownership and Copyright.
2.1 All documents, information or materials ("Information") on the Site are protected by copyright and, unless indicated otherwise, at all times remain the property of HM. Subject to paragraph 2.2 below, no portion of the Information on the Site may be reproduced in any form, or by any means, without prior written permission from HM. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.
2.2 Users shall be permitted to reproduce the information on this Site (but not the computer source or object code or any part thereof, copy or use of which is strictly forbidden) for the purposes of the Users own personal research or private study.). This permission is granted on the basis that:-
(a) no text or related graphics are modified in any way;
(b) no graphics are used separately from the corresponding text; and
(c) All text and graphics are to be clearly and conspicuously marked with HM copyright notice as follows: "Copyright © HM Ltd. (http://www.Hudsonmilk.com)"
2.3 If any User breaches any term of this paragraph 2 his permission to use the Site automatically terminates and he must destroy any downloaded or printed extracts from the Site immediately.
2.4 Any rights not expressly granted in these User Terms are reserved.
3.1 The trademarks, logos and service marks ("Marks") displayed on the Site are the property of HM or other third parties. Users are not permitted to use these Marks without the prior written consent of HM or such third party (as appropriate).
3.2 Any use by HM of third party Marks on the Site does not imply any sponsorship or endorsement on the part of HM of the products and/or services to which those Marks relate. Such Marks are only used by HM to identify the products and/or services of their respective owners.
4. No Warranty.
HM makes no warranty or representation as to the suitability of the Information contained or referred to in, or accessible from, the Site ("Site Information"), for any purpose. All Site Information is provided "as is" without warranty of any kind, either express or implied, including but not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Site Information could include inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes may be incorporated in new editions of the Site at any time without notice. HM expressly disclaims liability for any errors or omissions in the Site Information contained or referred to in, or accessible from, the Site or any web-site linked to or from the Site.
5. Disclosure; Forward-Looking Statements.
Some of the information on the Site may contain projections or other forward-looking statements regarding future events or the future financial performance of HM or companies which exhibit on the Site. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
6. Links To and From Third Party Sites.
6.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. HM has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. HM therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
6.2 Any User may create links to the Site on the basis that he links to, but does not replicate, the home page of the Website, and subject to the following conditions:
(a) he does not remove, distort or otherwise alter the size or appearance of the HM logo;
(b) he does not create a frame or any other browser or border environment around the Site;
(c) he does not in any way imply that HM is endorsing any products or services other than its own;
(d) he does not misrepresent his relationship with HM nor present any other false information about HM;
(e) he does not otherwise use any HM trade marks displayed on the Site without express written permission from HM;
(f) he does not link from a website that is not owned by him; and
(g) his website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 HM expressly reserves the right to revoke the right granted in paragraph 6.2 for breach of the User Terms or of any other terms and conditions (including those relating to exhibitors) which govern a User, and to take any action it deems appropriate.
6.4 Each User shall fully indemnify HM for any loss or damage suffered by HM or any of its group companies for breach of paragraph 6.2.
7.1 Each registration is for a single User only. HM does not permit Users to share their user names or passwords with any other person nor with multiple users on a network.
7.2 It is the Users' responsibility to keep their password and user name secure and not to disclose them to third parties for any purpose. HM accepts no responsibility for any actions caused by a User disclosing his password and/or user names to third parties.
8. Limitation of Liability
8.1 HM and its officers, directors, shareholders or agents exclude any liability for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts or loss or damage arising from or connected in any way to business interruption and whether in tort, contract or otherwise) in connection with the use or inability to use or the results of use of the Site or any web site linked to or from the Site, including but not limited to viruses that may infect your computer hardware or software.
8.2 Nothing in these User Terms shall exclude or limit HM's liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded or limited under applicable law.
9. Service Access
9.1 While HM endeavours to ensure that the Site is normally available 24 hours a day, HM shall not be liable if for any reason the Site is unavailable at any time for any period.
9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of HM.
10. Visitor Material and Conduct
10.2 Users are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which that User has not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.3 No User may misuse the Site (including, without limitation, by hacking).
10.4 HM will fully co-operate with any law enforcement authorities or court order requesting or directing HM to disclose the identity or locate anyone posting any material in breach of paragraphs 10.2 or 10.3 above.
11. Governing Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the Laws of the USA and the parties hereto submit to the exclusive jurisdiction of the US Courts
This legal notice applies to any person who purchases or wishes to purchase a Directory ("Purchaser") which is available on the web site under the domain name Hudsonmilk.com ("Site") and to any correspondence by e-mail between HM ("HM") and any Purchaser. PLease read these Purchaser Terms carefully before using the Site. Use of the Site as a Purchaser indicates that you accept these terms and conditions. If you do not accept these Purchaser Terms Please do not use the Site as a Purchaser.
2. PAYMENT TERMS FOR PRODUCT PURCHASES
2.1 Products which are made available to all persons who access the Site ("Users") ("Products") can be ordered either by Site purchase, or by telephone.
2.2 Payment for a Product which is ordered via Site purchase, or telephone shall be made at the time the order is placed in real time. HM will not be obliged to provide a copy of any relevant Product until payment is received in full.
2.3 All fees quoted are exclusive of sales or other taxes, which will be in addition to the fee at the prevailing rate at the time.
2.4 In the event of non-payment for a Product under any circumstances the User will be responsible for all costs incurred by HM including without limitation any legal fees incurred. Invoices not paid within thirty days of the invoice date shall be subject to interest at 5% per annum above the US base rate.
3.1 Products shall be delivered via HM trucks, weekly on the assigned route day.
3.2 The date of delivery will be advised at least 2 days after registration.
4. RETURNS & REFUNDS
4.1 We unfortunately cannot accept returns of products once they have been delivered. Refunds will not normally be offered, however all refund requests will be judged on a case by case basis at the discretion of the management. Please be sure to read all available information about a Directory before you place your order. If you have any questions about a Product simply contact us for assistance.
5.1 No part of any Product may be reproduced, abstracted, stored in any retrieval system or transmitted in any form or by any means without written consent of the owner.
5.2 The product is provided 'as is'.
5.3 Any failure by any party to exercise or enforce any of its rights under these Purchase Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.
5.4 These Purchase Terms represent the entire understanding between HM and the User in relation to their subject matter and supersede all other agreements or representations made by either of us whether oral or written.
5.5 If any part of these Purchase Terms are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
6. LAW AND JURISDICTION
6.1 The parties agree that the US Courts shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these terms.
Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us via email.
The Site is not intended for use by persons under the age of eighteen. Individuals who are under eighteen are expressly prohibited from posting any personally identifiable information about themselves
Information Collection and Use
HM explicitly asks when we need information that personally identifies you ("Personal Information"). Your Personal Information is used to create your personal user account. Contact information and other user-specific information is used only internally by HM to operate the Site and to communicate with users of the Site ("Users"). Demographic and profile data collected by HM may be used to tailor this Site or any requested email communications, and to display information that is more relevant to you. HM also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Information relating to User transactions, such as contact information, transaction type, transaction amount, payment, shipping and billing information, are used internally by HM and are not disclosed to third parties.
HM may use a User's contact information to communicate with the User regarding product and service updates, patches, policy changes, billing and other activities relating to the use of the Site, and for marketing purposes.
HM reserves the right to disclose any information if such action is necessary (a) to conform to the requirements of law or to comply with legal process or notice served on HM, (b) to protect and defend the legal rights or property of HM, the Site or its Users, or (c) in an emergency, to protect the health and safety of its Users or the general public. HM further reserves the right to release any information concerning any User if that User participates (or is reasonably suspected of participating) in any illegal activity, even without a notice, warrant, or other court order. Finally, HM reserves the right to cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities, and to report any suspected illegal activity to law enforcement agencies for investigation or prosecution.
Your email address is used to only send you information that you have requested. As part of your use of the Site, HM allows you to elect to receive, or not receive, certain information from HM. HM adheres strictly to permission-based email policy. Except where requested, HM will not send you unsolicited email information, commercial offers or advertisements. HM will not sell, rent, or loan our contact lists (including customer data) to any outside firms. All emails that you have requested will have an option to unsubscribe. HM endeavours to fulfil unsubscribe requests quickly so that no further communications are sent to Users who have stated that they do not wish to receive the specified information. From time to time we may need to contact you to advise on alterations to the Site and/or updates to this or other policies.
The Site uses "cookies" to enhance the functionality of the Site and to make transactions and other activities more convenient and efficient for users. Whilst disabling cookies will still allow a User to use the Site, it may prevent a User from being able to process transactions on the Site. For more information on cookies, please see www.aboutcookies.org.
Communications from the Site
Special Offers and Updates
We send all new Users a welcoming email to confirm their password and username. Established Users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our Users we present the option to not receive these types of communications. Customers can unsubscribe via the unsubscribe mechanism at the bottom of each email.
If a User wishes to subscribe to our newsletter(s), we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email or by sending an email with the Users name and "Opt-Out" in the message.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user's wishes.
Website Usage Information
We use your IP address to help diagnose problems with our server, and to administer our Site. We do not link your IP address to any personally identifiable information. We use tracking information to determine which areas our site users visit based on traffic to those areas. HM does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.
HM has made and continues to make, substantial investments in the latest server, database, backup and firewall technologies to protect our information assets. All data resides in a tightly controlled, secure data centre. These investments mean that information about the identity and preferences of individual members should never be accessible to anyone outside HM. We will maintain safeguards to protect the security of these servers and your personally identifiable information. Payment information is transmitted using a Secure Sockets Layer (SSL) connection and, once stored, are maintained using physical and technical security measures within the secure data centre. Payment information is never shared or sold.
Although we take all reasonable precautions to protect our Users' information, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from you, will be free from unauthorized access. By using the Site, you understand and agree to assume these risks.
If you have any questions about our privacy statement, the information we have collected from you online, the practices of this site, or your dealings with this web site, please contact:
Hudson Milk CO
Shrub Oak, New York