Terms of service
OVERVIEW
This website, merch.wisconsincheese.com, is operated by Wisconsin Milk Marketing Board, Inc., d/b/a Dairy Farmers of Wisconsin. Throughout the site, the terms “we”, “us”, “our” and "DFW" refer to Wisconsin Milk Marketing Board, Inc., d/b/a Dairy Farmers of Wisconsin. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are over the age of 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@wisconsincheese.com.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information provided on this website is made available in good faith and is believed to be accurate at the time it is published. We take reasonable care to ensure that product descriptions, pricing, availability, and other content are clear, complete, and current.
All content on this site is provided for general informational purposes related to our products and services. While we strive for accuracy, we do not warrant that the information on this website will be free from errors, omissions, or inaccuracies. Any reliance on the information provided on this website is at your own discretion.
We reserve the right to update, modify, or remove content on this website at any time and without prior notice. By accessing and using this website, you acknowledge and agree that it is your responsibility to review the site periodically for any changes.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, in our sole discretion, to limit or refuse sales of our products or services to any individual, geographic region, or jurisdiction, and to limit quantities offered. Product descriptions, availability, and pricing are subject to change at any time without notice, and we may discontinue any product or service at any time. Any offer made on this site is void where prohibited by law.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
DFW MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND AS TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, USE OF OR THE RESULTS OF THE USE OF THE MATERIALS, PROMOTIONAL MATERIALS, AND LINKED SITES, (II) THE AVAILABILITY FOR USE OF ANY COPYRIGHTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR ON THIS SITE, (III) WHETHER SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (IV) WHETHER ANY MATERIALS OR PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH MATERIALS, PROMOTIONAL MATERIALS AND LINKED SITES SHALL BE AT YOUR SOLE RISK. DFW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, BUT WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. DFW MAY MAKE ANY OTHER CHANGES AT ANY TIME WITHOUT NOTICE TO THE SITE, THE MATERIALS, OR PROMOTIONAL MATERIALS DESCRIBED IN THE SITE.
WITHOUT LIMITING THE FOREGOING, THIS SITE AND THE MATERIALS AND PROMOTIONAL MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
NEITHER DFW NOR ANYONE WHOSE MATERIALS OR INFORMATION APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY COSTS, LOSSES, OR DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, USE OF (OR YOUR INABILITY TO USE), OR RELIANCE ON THIS SITE, ANY OF THE CONTENTS OF THIS SITE OR ANY LINKED SITES, EVEN IF THERE IS NEGLIGENCE OR DFW OR AN AUTHORIZED DFW REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. DFW's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this Site.
ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO AN ENTITY'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, THAT USES THIS SITE AGREES TO DEFEND, INDEMNIFY, AND HOLD DFW, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL (I) LOSSES, CLAIMS, DAMAGES, LIABILITIES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY ACT OR OMISSION BY SUCH PERSON OR ENTITY RELATING TO THAT PERSON'S OR ENTITY'S USE OF THIS SITE AND (II) ALL LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY SUCH PERSON OR ENTITY.
SEVERABILITY
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and DFW relating to the use of this Site and it cannot be modified orally by any representative of DFW. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and DFW. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
TERMINATION
DFW may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of or contained in the Site, at anytime. DFW may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. DFW may terminate the authorizations and rights granted, and, upon such termination, you shall immediately destroy all materials and Promotional Materials, including but not limited to any and all related documentation and all copies and installations.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserves the right, in oursole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by us, you should review this page each time you connect to our Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
CONTACT INFORMATION
To ask questions or comment about this policy, contact us at:
8418 Excelsior Drive
Madison, Wisconsin 53717
or via email or phone:
hello@wisconsincheese.com
(608) 836-8820