Terms of use

The a2 Milk Company™

Welcome to the a2 Milk® website

– and thank you for visiting. We hope you enjoy the experience!

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through a2milk.com  (“Website”). The Website is operated by The a2 Milk Company™, a limited company registered in Delaware (Us” or “Our” or “We”).

Read these terms carefully before browsing this website.  using this website indicates that you have both read and accept these terms.  You cannot use this website if you do not accept these terms.

Changes

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided when registering on this Website.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Website.  Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

General use

By using this Website, You promise that You are at least 18 years of age.

The Website is for your personal, non-commercial use only (“Permitted Purposes”).  In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials for the Permitted Purposes only; Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner.  If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

Electronic communications

By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website.  These electronic communications are part of Your relationship with Us.  You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy policy

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

Unauthorized activities

To be clear, We authorize Your use of this Website only for Permitted Purposes.  Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website.  This is because as between You and Us, all rights in this Website remain Our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws.  Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid.  So, unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

  • For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

Proprietary rights

a2 Milk® is a registered US trademark that belongs to Us.  All Materials, including the arrangement of them on this Website are Our sole property, Copyright © 2015 The a2 Milk Company.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without Our express written consent.

Disclaimer of warranties

This website is provided “as is” and “with all faults” and the entire risk as to the quality and performance of this website is with you.

We expressly disclaim all warranties of any kind (express, implied or statutory) with respect to this website, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights.

This means that we do not promise you that the website is free of problems. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

Disclaimer of medical warranties

The Materials contained on our Website are provided for general information purposes only and do not claim to be or constitute legal, medical or other professional advice, diagnosis or treatment and shall not be relied upon as such. Unless otherwise stated, statements about our products and health conditions have not been evaluated by the United States. Food & Drug Administration. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or health condition.  Always speak with a qualified practitioner before making any changes to your diet or nutrition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website. If you think you may have a medical emergency, call your physician or 911 immediately.  Reliance on any information provided on the Website is solely at your own risk.

Prices, colors and availability

Product images are provided for illustrative purposes only.  Please note that the colors and appearance of products may depend on your monitor and may not be correctly displayed, and may differ from how the products appear when actually purchased.  The prices and availability of products and other items on the Website may change at any time, without notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to refuse or cancel any such orders whether or not the order has been confirmed.

Limited of liability

We shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this website or in connection with your use of any information on the website.  In no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if we know there is a possibility of such damage.

Local laws; export control

Unless otherwise specified, the Website and the Materials are presented solely for the purpose of promoting products and services available in the United States.  We make no representation that the Website or the Materials are appropriate or available for use in other locations. If you access the Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Feedback

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You

General

We reserve the right to terminate Your access to this Website and the Services with or without prior notice to You if you violate any of these Terms.  Colorado state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms and your use of the Website.  Foreign laws do not apply.  Any disputes relating to these Terms or this Website will be heard in the courts located in Colorado.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website.  They may not be modified except in a writing authorized by an office of The a2 Milk Company; any emails or other communications with Us regarding the Website or the Materials do not constitute an amendment or waiver of any of the Terms.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact us

If You have any questions about these Terms or otherwise need to contact Us for any reason, You may contact Us via Our online form here or write to Us at The a2 Milk Company, PO Box 20651, Boulder, CO 80308, USA.

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