TERMS OF USE
Last Updated: May 22, 2023
BY USING THE DIGITAL INNOVATION RESOURCE TOOL (“INNOVATION TOOL”) AND/OR BY DISCLOSING ANY INFORMATION TO DMI AND/OR ADMINISTRATOR, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS”) AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.
1. Disclaimer and Limitation of Liability. THE INNOVATION TOOL IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. DMI MAKES NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANT OF QUALITY, PERFORMANCE, COMPLIANCE, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, WITH RESPECT TO ANY INFORMATION, DATA, STRATEGY, PROCEDURE, METHOD, APPROACH, PLAN, SCHEME OR PROGRAM, AND/OR REFERRALS MADE AVAILABLE BY OR THROUGH THE INNOVATION TOOL. DMI ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISIONS IN THE CONTENTS OF THE INNOVATION TOOL. IN NO EVENT SHALL DMI, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, “DMI PARTIES”) BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INNOVATION TOOL. DMI RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INNOVATION TOOL AY ANY TIME WITHOUT PRIOR NOTICE.
2. License Granted By DMI. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Innovation Tool for informational purposes only conditioned on your continued acceptance of, and compliance with, these Terms.
3. License Restrictions. Unless otherwise expressly stated in these Terms or you receive DMI’s prior written consent, use of the Innovation Tool is limited to developing and launching dairy products.
4. Third-Party Websites and Services. The Innovation Tool may contain links to third-party websites and resources (collectively, “Third Party Content”). DMI does not control, endorse, sponsor, recommend or otherwise accept responsibility for any Third Party Content.
5. Binding Contract. These Terms are a contract between you, on behalf of yourself and on behalf of your employer, if applicable, and DMI.
6. Term. The term of these Terms will commence at the earliest of you clicking to accept or agree to these Terms, your creation of a registered account or your use of the Innovation Tool.
7. Modifications. From time to time, DMI may modify these Terms. You are responsible for periodically reviewing these Terms. If you do not agree to any modification to these Terms, you must discontinue use of the Innovation Tool.
8. Accounts. Access to certain content on the Innovation Tool may require you to create an account. By creating an account, you agree that (a) you are an entrepreneur or representative of a company; (b) you are at least 18 years of age; (c) you are physically located in the United States; and (d) any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us.
9. Passwords and Security. You agree that you will not share your account or account information with others and will take reasonable steps to maintain the confidentiality of your username and password.
10. Geographic Restrictions. The Innovation Tool is intended for use only by persons located in the United States. If you access the Innovation Tool from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11. Relationship of the Parties. DMI, the Administrator, and you, including your employer, if applicable, are each independent contractors and not joint venturers, partners, agents, or representatives of the other based upon a party’s use of the Innovation Tool.
12. Information about You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using this website and the Innovation Tool, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Waiver. DMI’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, all remaining provisions of these Terms will continue in full force and effect.
15. Complete Agreement. These Terms, including the Privacy Policy and any other Click-through Agreement, constitutes the entire agreement between you and DMI relating to the Innovation Tool.
16. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
17. Notice. This Innovation Tool is operated by DMI. All notices of copyright infringement claims should be sent to the copyright agent at
[email protected]. All other feedback, comments, requests for technical support, and other communications relating to the Innovation Tool should be directed to:
[email protected].
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.