EFFECTIVE DATE: August 7th, 2020
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” below for more information.
The Effective Date of these Terms is set forth at the top of this webpage. We reserve the right to change these Terms from time to time. We will notify you of any material change by posting notice on this webpage. We do not make changes that have retroactive effect unless we are legally required to do so.
Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use this Site. Valio may, in our sole discretion, terminate your access to the Site or change our eligibility criteria at any time.
Certain services offered by or through the Site, such as sweepstakes, offers, contests and other services, if any, may be governed by additional terms and conditions presented in connection with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail.
Valio retains full and complete title to all information and materials provided on or through or submitted to the Site, including any artwork, graphics, text, images, video and audio clips, trademarks, logos and other content (collectively, "Valio Content").
Subject to your acceptance of these Terms (as well as any additional terms and conditions related to specific Valio Content), then you may download, print and/or copy Valio Content solely for your own personal, non-commercial use.
The trademarks, trade names service marks, and logos of Valio (the “Valio Trademarks”) used and displayed on or otherwise used in connection with the Site are registered and unregistered trademarks or service marks of Valio. Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Valio Trademark displayed on or otherwise used in connection with the Site without Valio’s prior written consent specific for each such use.
While using the Site, you will not:
If you post, upload and/or submit any Submitted Content (as defined below) on the Site, you will not: (i) harass, defame, intimidate or threaten another user of the Site; (ii) interfere with the rights to privacy of any another user of the Site; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; and/or (vi) advertise or sell any goods or services.
Valio may from time to time offer features where you can post or otherwise submit information, photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials on or to the Site (collectively, "Submitted Content"). By sending, posting or transmitting Submitted Content to Valio (and/or our designees) or any area of the Site, you grant Valio and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import Submitted Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you (the “License”). In other words, Valio has the automatic right to use Submitted Content -- including reproducing, disclosing, publishing or broadcasting Submitted Content -- anywhere, anytime, in any medium and for any purpose. Under no circumstances are you entitled to payment if Valio uses Submitted Content. All Submitted Content is deemed non-confidential and non-proprietary.
You are responsible for the Submitted Content. By posting Submitted Content, you represent and warrant that:
You acknowledge and agree that Valio has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submitted Content. Valio takes no responsibility and assumes no liability for any Submitted Content posted by you or any third party.
Valio strongly encourages you not to disclose any personal information in connection with Submitted Content because other people can see and use the personal information in such Submitted Content. Valio is not responsible for information that you choose to communicate via Submitted Content.
You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to Valio. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO VALIO YOU MAY NOT UPLOAD OR POST ANY SUBMITTED CONTENT ON THE SITE.
For clarity, the foregoing License does not affect your other ownership or license rights in the Submitted Content, including the right to grant additional licenses to your Submitted Content, unless otherwise agreed in writing.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Valio specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Valio does not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Valio or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL VALIO BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF VALIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE VALIO SERVICES.
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN VALIO’S TOTAL LIABILITY WILL BE ONE HUNDRED DOLLARS (US $100).
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VALIO FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS AND/OR YOUR ACCESS TO, USE, OR MISUSE OF THE SITE. Valio reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Valio’s defense of such matter.
IMPORTANT- Please Review As This Affects Your Legal Rights.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND VALIO (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH VALIO, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, THE VALIO CONTENT, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor Valio will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST VALIO INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Valio is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state, provincial or other law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either you or Valio can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Valio.
Valio reserves the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site at any time and for any reason or no reason without prior notice or liability. Valio reserves the right to change, suspend, or discontinue all or any part of the Site or Valio Content at any time without prior notice or liability. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, the License, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
If you make any claim against Valio, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without respect to its conflict of laws provisions. Without waiving the foregoing arbitration clause, you expressly agree to submit to the exclusive personal jurisdiction of either the United States District Court for the District of New Jersey or the Superior Court of the State of New Jersey in Morris County (the “Agreed Forums”). To the extent that it may be relevant, you agree that your use of the Site and any transaction arising in connection with such use shall be deemed to have occurred in the State of New Jersey. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect.
The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you first visited the Site.
You waive any claim that the Agreed Forums are inconvenient for resolution of disputes and claims you may have and agree to forego any claim to transfer the venue for dispute resolution.