Terms & Conditions :: tworiverdairy

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At the most basic level, these Terms and our privacy policy govern your use of DBP. By accessing or using DBP, you agree to these Terms and the Privacy Policy. As such, please read these Terms and our Privacy Policy carefully! If you do not agree to these Terms or our Privacy Policy, you are not allowed to access or use DBP.

1. GENERAL CONDITIONS

1.1 Eligibility. To access or use the DBP, you must:
● be at least 18 years old,
● not have been previously suspended from accessing or using DBP,
● not be engaged in any activity that could result in suspension from accessing or using the DBP,
● have only 1 account to access or use DBP, and
● have the full power and authority to agree to these Terms and the Privacy Policy.

1.2 Modification of Terms. We reserve the right, in our sole discretion, to change or modify these Terms. If we make changes to these Terms, we will provide you notice of such changes by posting a notice to the Sites. Following any such changes, your continued access or use of DBP will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you may not access or use DBP.

2. ACCOUNTS

2.1 Registration for Account. In order to access or use DBP, you will need to register for an DBP account (“Account”), by providing any prompted information, which may include the following: name, address, phone number, email address, password, and payment information. Any information that you provide to DBP for any reason must be correct, current and complete. Anytime such information changes, you must update such information and notify us immediately, if the change so requires.

2.2 Responsibility for Account You acknowledge and agree that you (i) are solely responsible for your Account and any use of your Account, (ii) are solely responsible for any unauthorized use of your Account, and (iii) will notify us in writing immediately if you become aware of any unauthorized use of your Account. This means you may not provide any other person or entity with access to your Account. Likewise, you must not use any other person’s or entity's Account, unless you express permission to do so.

2.3 Consent to Receive Electronic Communications. By creating an Account, you (i) consent to receiving electronic communications (emails, text messages, etc.) from DBP concerning matters that include, without limitation, notices about your account, such as payment authorizations, password changes, promotions and other such information; and (ii) acknowledge that any such electronic communications will satisfy any legal requirements concerning notice or communication. If you do not want to receive promotional communications from us, you may opt out at any time by following the unsubscribe instructions provided in any such communications.

2.4 Privacy of Information. You acknowledge and consent to all actions we take consistent with our Privacy Policy with respect to (i) any information concerning the access or use of DBP, and (ii) any information you have provided concerning your access or use of DBP.

2.6 Right to Disable. We retain the right to restrict, suspend, or cancel any person’s or entity’s Account for any reason or no reason. Furthermore, we retain the right to restrict, suspend, or cancel any person’s or entity’s access and use of DBP.

3. TERMS OF SALE

3.1 Subscription Sales.

3.1.1 Produce Box Subscriptions. As part of the Service, we offer the ability to subscribe to receive produce boxes on regular basis (“Subscriptions” or individually, a “Subscription”), with each such instance being described herein as your “Subscription Order”. In our sole discretion, we may alter the Subscriptions offered. Information on the Subscriptions available can be found on our website, dbp.com.

3.1.2 Continuous Subscriptions. When you register for a Subscription, you expressly acknowledge and agree that (a) DBP or a third-party provider (the “Payment Processor”) is authorized to charge you in accordance with the terms your Subscription for each Subscription Order. Your Subscription will remain in effect until you cancel or we cancel your Subscription. You may skip a Subscription Order by managing your delivery schedule on your “Manage Account” page.

3.1.3 Cancellation Policy. In order to cancel your Subscription, you must either email us at admin@dbp.com, or cancel your Subscription through your Account. The cancellation of your Subscription will not take effect for three business days; thus, you must cancel your Subscription at least three business days prior to your next Subscription Order or delivery will be processed and you will be responsible for all charges.

3.2 General Sales. We may, at our sole discretion, offer one-time purchases of produce boxes without requiring an Account or Subscription (an “Order”). You agree that an Order is an offer to buy, under these Terms, the Products and Services listed in your order. We are not obligated to sell you the Products or Services requested in the Order until we accept the Order. We may choose not to accept any Orders in our sole discretion. After having received your Order, we will send you a confirmation e-mail (which will serve as our acceptance of your Order) with your Order number and details of the items you have ordered. You have the option to cancel your Order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at (301) 452-1348.

3.3 Sponsorship. You have the ability to purchase a Subscription Order for other people through your Account (a “Sponsorship”). When you purchase a Sponsorship, we will send an email to the Sponsorship recipient that can be used to redeem the Sponsorship. The Sponsorship recipient will be required to create an Account, which includes placing a credit card on file in order to redeem the Sponsorship. Sponsorships are not refundable or redeemable for cash, unless required by applicable law. Sponsorships do not expire, and any unused balance will be placed in the Sponsorship recipient’s Account.

3.4 Free Trials. We may offer you, on terms determined at the time of such offer, a free trial, which will still require you to add a payment method to your Account. Upon expiration and unless you cancel, your free trial will convert to a Subscription for which we will begin billing you, using the payment method you provided, in accordance with the terms of such Subscription and free trial. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your Subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

3.5 Payment and Billing Information. By providing a payment method, you represent and warrant that you are authorized to use such payment method and that you authorize the Payment Processor to charge you via such payment method for the total amount of your Subscription, Order or other purchase (including any applicable taxes and other charges) (collectively, your “Purchase”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled until such issue is resolved. You may change or update your payment method by logging into your Account and editing your payment information.

3.6 Availability and Pricing.

3.6.1 Availability. All of the Products are subject to availability and any other limitations that we may put in place. Due to the perishable nature and quality issues related to produce, generally, we may be required to make substitutions to your order from time to time. If you are not satisfied with a substitution, please contact us at admin@dbp.com.

3.6.2 General Pricing. All prices posted by DBP are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time an Order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any Order or Subscription Order arising from such errors. You acknowledge we may offer promotions (such as a refer-a-friend program whereby we give the referring party a discount on their next order and the referred party a discount on their first order) from time to time, and any promotions that we offer are governed by the terms of such promotion and may change at any time with or without notice.

3.6.3 Subscription Pricing. By agreeing to a Subscription, you agree to pay the total price for items included in that Subscription Order. The items originally chosen for your Subscription Order add up to total your subscription price. You may ask for certain items to be removed from the Subscription Order and we may accommodate these requests at our sole discretion, but the price for your Subscription Order will not change. You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription, changes in Product prices, changes in applicable taxes or other charges, and you authorize us or our Payment Processor to charge your payment method for the corresponding amount.

3.6.4 Extra Items. We may, at our sole discretion, choose to allow extra items, for which you will be charged the then current price, to be added to an Order or Subscription Order.

3.7 Ensuring Freshness and Quality.

3.7.1 Your Responsibility. Upon delivery, you are responsible for inspecting all Products for damage and any other issues. In addition, you are solely responsible for determining the freshness of the Products. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all Products upon delivery and follow the USDA instructions on refrigeration and food safety, which can be found here. Following delivery, your consumption of the Products is solely at your own risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, and use.

3.7.2 Seasonal and Weather-Related Changes. In the case of inclement weather or other events beyond the control of DBP that interfere with the ability of DBP to deliver your Order or Subscription Order, we will attempt to deliver your Order as soon as reasonably possible. In the event that timely delivery of your Order or Subscription Order is not feasible, we will cancel such order and issue you a credit or refund.

3.8 Product Descriptions. DBP attempts to be as accurate as possible. However, we do not warrant that descriptions, photos, or other content posted on DBP is accurate, complete, reliable, current, or error-free. If a Product offered by DBP itself is not as described, including for reasons relating to weight, your sole remedy is to receive a refund for the Product.

3.9 Returns and Refunds. If you are dissatisfied with any Product, please contact us at admin@dbp.com within 24 hours of your delivery to determine if you are eligible for a refund, a decision that shall be in our sole discretion.

3.10 Delivery. Orders and Subscription Orders will be delivered to a location that you designate.

4. SITES ACCESS AND USE

4.1 Prohibited Uses. You may use DBP only for lawful purposes and in accordance with these Terms. As such, you agree not to use DBP:

● In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● To purchase and then sell or resell any Products.
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter or spam or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of DBP, or that, as determined by us, may harm the Company or users of DBP or expose them to liability. Additionally, you agree not to:
● Use DBP in any manner that could disable, overburden, damage, or impair DBP or interfere with any other party’s use of DBP, including their ability to engage in real time activities through DBP.
● Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
● Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of DBP.
● Introduce to the Sites any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
● Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the DBP.

4.2 Internal Content. We may display content, advertisements and promotions from third-parties on any DBP medium of communication (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content. You are solely responsible for your interaction with Third-Party Content and its providers.

4.3 External Hyperlinks. DBP is not liable for the quality, content, nature or reliability of any third-party websites, services or materials that are advertised through DBP.

5. INTELLECTUAL PROPERTY

5.1 Intellectual Property Ownership. Unless otherwise indicated in writing by us, all content and other materials contained on DBP, including, without limitation, the DBP logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the property of DBP or its licensors or users, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

5.2 License to Access and Use. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use DBP (the “License”). However, the License is subject to these Terms and any use of DBP other than as specifically authorized herein, without the prior written permission of DBP, is strictly prohibited and will terminate your License. We may revoke your License at any time and for any reason.

5.3 Other License Terms. Notwithstanding anything to the contrary in these Terms, DBP may include software components provided by a third-party that are subject to separate license terms, in which case those license terms will govern such software components.

6. INDEMNIFICATION, LIMITED LIABILITY, DISPUTE RESOLUTION

6.1 Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DBP and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “dbp parties”), from and against all actual or alleged dbp party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to your (i) use or misuse of DBP or (ii) violation of these Terms. You agree to promptly notify DBP of any third-party Claims and cooperate with DBP in defending such Claims. You further agree that the DBP Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DBP.

6.2 No Liability. To the fullest extent permitted by applicable law, in no event shall DBP or any of the other DBP parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of your access or use of DBP.

6.3 Liability Limited to Purchase Price. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of DBP and any of its related parties (jointly) exceed the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose.

6.4 Release. To the fullest extent permitted by applicable law, you (and on behalf of any parties related to you) hereby release, waive, acquit and forever discharge DBP from and against, and covenant not to sue any such DBP party for, all claims you have or may have arising out of or in any way related to these terms. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

6.5 Waiver of Rights to Trial. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of this Section 6 or Disputes in which either party seeks to bring an individual action in court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DBP agree (a) to waive any rights to have Disputes arising out of these Terms, or the access of use of DBP, resolved in a court (including a jury trial), and (b) to first mediate, and then arbitrate, all Disputes. In the case that mediation is at an impasse, as determined by a mediator, you or DBP may demand and proceed to binding arbitration. Any arbitration shall be conducted in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration shall be held in North Carolina, and shall be conducted before a single arbitrator mutually agreeable to you and DBP, or if no agreement can be reached, before an arbitrator selected by the American Arbitration Association.

6.6 No Class Arbitrations, Class Actions or Representative Actions. You and DBP agree that any Dispute arising out of or related to these Terms or access of use of DBP is personal to you and DBP and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and DBP agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and DBP agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

6.7 Notice, Information Dispute Resolution. You and DBP agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date such Dispute arises. Notice to DBP shall be sent by certified mail to DBP, 605 West Chapel Hill Street, #327, Durham, NC 27701. Your notice must include (a) your contact information, the email address listed in your Account, and, any email address at which you desire to be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Notice to you will be sent electronically in accordance with Section 2.2. Any Dispute must be commenced or filed by you or DBP within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred, meaning that you will no longer have the right to assert such claim regarding the Dispute.

7. MISCELLANEOUS

7.1 Governing Law and Venue. These Terms and your access to and use of DBP shall be governed by the laws of the State of North Carolina, without regard to conflict of law rules or principles. Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of North Carolina in Durham County.

7.2 Severability. If any term, clause or provision of these Terms is held invalid, illegal, void or unenforceable, then that term, clause or provision will be deemed severed from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

7.3 Survival. The Terms will survive the expiration or termination of your DBP Account.

7.4 International Use. We make no representation that information on DBP is appropriate or available for use outside the United States. Those who choose to access DBP from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

7.5 Entire Agreement. Your order confirmation e-mail, these Terms and our Privacy Policy will be deemed the entire agreement between you and us.

7.6 Nontransferable Rights. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent.

7.7 Limitation on Waivers. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent occurrence, and DBP’s failure to assert any right or provision under these Terms shall not constitute waiver.

7.8 No Third-Party Benefit. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Two River Dairy ("TRD") Terms and Conditions

ATTENTION: This legal notice applies to the entire contents of the web site under the domain name Tworiverdairy.com ("Site") and to any correspondence by e-mail between TRD 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.

1. How It Works and FAQ's
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. Two River Dairy ("TRD") 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, TRD 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 TRD. 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 TRD. 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 TRD copyright notice as follows: "Copyright © TRD Ltd. (http://www.tworiverdairy.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. Trademarks.
3.1 The trademarks, logos and service marks ("Marks") displayed on the Site are the property of TRD or other third parties. Users are not permitted to use these Marks without the prior written consent of TRD or such third party (as appropriate).
3.2 Any use by TRD of third party Marks on the Site does not imply any sponsorship or endorsement on the part of TRD of the products and/or services to which those Marks relate. Such Marks are only used by TRD to identify the products and/or services of their respective owners.
4. No Warranty.
TRD 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. TRD 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 TRD 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. TRD 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. TRD 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 TRD 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 TRD is endorsing any products or services other than its own;
(d) he does not misrepresent his relationship with TRD nor present any other false information about TRD;
(e) he does not otherwise use any TRD trade marks displayed on the Site without express written permission from TRD;
(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 TRD 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 TRD for any loss or damage suffered by TRD or any of its group companies for breach of paragraph 6.2.
7. Registration
7.1 Each registration is for a single User only. TRD 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. TRD 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 TRD 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 TRD’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 TRD endeavors to ensure that the Site is normally available 24 hours a day, TRD 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 TRD.
10. Visitor Material and Conduct
10.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material transmitted or posted to the Site by a User shall be considered non-confidential and non-proprietary. TRD shall have no obligations with respect to such material. TRD and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
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 licenses 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 TRD will fully co-operate with any law enforcement authorities or court order requesting or directing TRD 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

Purchase Terms

1. INTRODUCTION
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 tworiverdairy.com ("Site") and to any correspondence by e-mail between TRD (“TRD") 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 the day following delivery in an attempt to remedy any errors and ensure accuracy. TRD 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 TRD 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. DELIVERY
3.1 Products shall be delivered via TRD 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. MISCELLANEOUS
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 TRD 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.

Privacy policy
At TRD Limited (“TRD"), we respect the privacy needs of our customers and users. This Privacy Policy outlines what specific information is gathered on the web site under the domain name tworiverdairy.com (the "Site") and how that information is used.
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
TRD 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 TRD to operate the Site and to communicate with users of the Site ("Users"). Demographic and profile data collected by TRD may be used to tailor this Site or any requested email communications, and to display information that is more relevant to you. TRD 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 TRD and are not disclosed to third parties.
TRD 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.

TRD 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 TRD, (b) to protect and defend the legal rights or property of TRD, the Site or its Users, or (c) in an emergency, to protect the health and safety of its Users or the general public. TRD 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, TRD 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, TRD allows you to elect to receive, or not receive, certain information from TRD. TRD adheres strictly to permission-based email policy. Except where requested, TRD will not send you unsolicited email information, commercial offers or advertisements. TRD 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. TRD 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.

Cookies
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.

Newsletter
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.

Customer Service
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. TRD 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.

Security Technology
TRD 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 center. These investments mean that information about the identity and preferences of individual members should never be accessible to anyone outside TRD. 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 center. 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.

Policy Modifications
TRD may change this Privacy Policy from time to time. If/when TRD makes changes to this privacy statement, it will automatically become effective twenty four (24) hours after it is initially posted on the Site. You are responsible for checking this page periodically for changes and updates to this Privacy Policy, notified by the date of last update. This Privacy Policy is subject to the terms and conditions of use set forth in the Terms and Conditions for Users, including provisions regarding change or modification of this Privacy Policy.

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:

Two River Dairy
15-17 South 7th Ave Long Branch , New Jersey 07740 USA
info@tworiverdairy.com