United Dairy Farmers Website Terms of Use

Welcome to our website and thank you for visiting United Dairy Farmers. United Dairy Farmers provides its services to you subject to the following conditions. By visiting our website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Website Privacy Notice, which also governs your visit to our website, to understand our practices.

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICES

The content of this website, including all text, graphics, trade dress, logos, arrangement, presentations, button icons, images, audio clips, digital download, data compilations and software is the property of United Dairy Farmers. Unauthorized use, in whole or in part, of these materials, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display, is prohibited by the Copyright Act of 1976, 17 U.S.C. §101 et. seq. and other laws. Notwithstanding the foregoing, you as the viewer or user of this website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and share materials retrieved from the site provided that (a) such materials are used for personal, informational and/or non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hardcopy versions the applicable copyright and other notices. All names, logos, slogans, trade dress, indicia, trademarks and other intellectual property included or appearing on this website, except as otherwise noted, are property of United Dairy Farmers. The marks UNITED DAIRY FARMERS; PREMIUM HOMEMADE ICE CREAM; CHERRY CORDIAL; DEEP FREEZE;; HAWAIIAN SUNDAE; HOME MADE BRAND; HOME MADE BRAND (Stylized); HOMEMADE BRAND & DESIGN; QUEEN CITY ICE UNITED DAIRY FARMERS & DESIGN; UNITED DAIRY FARMERS HOME MADE BRAND; U-Drive, Low-Price Lock, and other marks indicated on our site are State and/or Federal marks of United Dairy Farmers, Inc, in the United States and other countries. United Dairy Farmer’s trademarks may not be used without the express written permission of United Dairy Farmers, Inc. All other trademarks not owned by United Dairy Farmers or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by United Dairy Farmers or its subsidiaries.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send communications to us; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive or privacy, infringing the intellectual property rights or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person on entity, or otherwise mislead as to the origin of content. United Dairy Farmers reserves the right, but not the obligation, to remove or edit this content.

If you do post any communication to the website, and unless we indicate otherwise, you grant to United Dairy Farmers a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication in whole or in part, alone, or as part of other works in any forum, media or technology, whether known now or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

United Dairy Farmers does not represent or guarantee the truthfulness, accuracy, reliability, or noninfringing nature of any communication posted by other users, or endorse any opinions expressed by you or any other users. You acknowledge that any reliance on material posted by other users will be at your own risk. United Dairy Farmers does not screen communications in advance and is not responsible for screening or monitoring materials posted by you or other users.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by United Dairy Farmers on an “as is” and “as available” basis. United Dairy Farmers does not warrant that the website or Internet communications through which this website is operated and/or transmitted will operate error free. In addition, United Dairy Farmers makes no representations or warranties of any kind express or implied as the operation of this site or the information, content, materials or products included on this site, you expressly agree that your use of this site is at your sole risk.

United Dairy Farmers attempts to be as accurate as possible with respect to all aspects of this website. However, this website may contain inaccuracies and typographical or other errors. Use of the website and any of the information contained therein is at your own risk. The website may be periodically updated or revised at any time. These terms and conditions of use shall apply with equal force to any and all such updates or revisions.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNITED DAIRY FARMERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. UNITED DAIRY FARMERS DOES NOT WARRANT THAT THE WEBSITE AND/OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO A COMPUTER WHEN DOWNLOADED. UNITED DAIRY FARMERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting our website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and United Dairy Farmers Inc. or its subsidiaries.

DISPUTES

Any dispute relating in any way to your visit to our website shall be submitted to confidential arbitration in Cincinnati, Ohio, except that, to the extent you have in any manner violated or threatened to violate United Dairy Farmers’ intellectual property rights, we may seek injunctive or other appropriate relief in a state or federal court in the state of Ohio, and you consent to exclusive subject matter and personal jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the applicable rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other parties subject to this agreement, whether through class arbitration proceedings or otherwise.

EARNING DISCOUNTS

You are able to earn discounts (“Discounts”) by purchasing qualified products at participating UDF locations and completing a survey at udffeedback.com. On the Purchase receipt, record the Redemption Code provided at the end of the survey and present it at any participating UDF location. A Valid Redemption code may be redeemed for either a 16 oz. coffee or a 22 oz. fountain soft drink at a discounted price of $.50 each plus applicable sales tax. The discounted item is not to exceed $.50 in value.

We reserve the right to determine, in our sole and absolute discretion, whether redemption codes are valid and obtained within the guidelines of this program. You acknowledge that any such determination by us will be final and binding. We may refuse to honor Discounts if we cannot confirm that they were properly issued or obtained. We may also cancel Discounts if the Discount-issuing location tells us to cancel the Discounts (for example, because you returned or did not pay for products or services for which the Discounts were issued). Discount offers may be changed or discontinued at any time. We are not responsible for any offer or Discount which is no longer in effect. Discounts obtained through customer surveys are limited to one per store per week per customer.

SITES POLICIES, MODIFICATIONS, AND SEVERABILITY

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

U-Drive Plus® Terms and Conditions

Welcome to U-Drive Plus, owned and operated by United Dairy Farmers. These U-Drive Plus terms and conditions form the agreement (the “Agreement”) between you (“You”) and United Dairy Farmers and its affiliates and subsidiaries (“Company”). You may contact United Dairy Farmers at 3955 Montgomery Rd., Cincinnati, Ohio 45212; 866-837-4833.

(1) Agreement to Terms.

YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE U-Drive Plus PROGRAM. If you do not agree to these terms and conditions, you may not participate in the U-Drive Plus program. Use of the U-Drive Plus program signifies your agreement to the terms and conditions of use set forth below.

(2) Modification of Agreement.

United Dairy Farmers reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on www.udfinc.com (the “Website”). Use of the U-Drive Plus program after such notice will be considered your agreement to be bound by any such changes.

(3) Copyright Protection and Use of Company Information.

The U-Drive Plus program is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. United Dairy Farmers names, logos and trademarks may not be used by you in any manner without the prior written consent of United Dairy Farmers.

(4) Minimum Age Requirement.

You must be at least 13 years old to apply for and hold a U-Drive Plus account.

(5) United Dairy Farmers’s Rights in U-Drive Plus Program.

United Dairy Farmers may change, suspend or discontinue any aspect of the U-Drive Plus program at any time, including but not limited to rewards and fuel reward accrual/redemption methods. United Dairy Farmers may also impose limits on membership eligibility, certain features and services or restrict your access to parts or all of the U-Drive Plus program or the Website without notice or liability. United Dairy Farmers reserves the right, in its sole discretion, to refuse service, cancel membership, suspend or terminate an account.

(6) Indemnification for Your Breach of Agreement.

You hereby agree to indemnify, defend and hold United Dairy Farmers, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. United Dairy Farmers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of United Dairy Farmers.

(7) NO WARRANTY.

THE U-DRIVE PLUS PROGRAM, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNITED DAIRY FARMERS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE U-DRIVE PLUS PROGRAM, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE, OR FOR THE PRODUCTS AND/OR SERVICES AWARDED OR REDEEMED THROUGH THE PROGRAM. FURTHER, UNITED DAIRY FARMERS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNITED DAIRY FARMERS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES BY USE OF THE U-DRIVE PLUS PROGRAM OR THE WEBSITE. UNITED DAIRY FARMERS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SPEEDY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ANY ERRORS CONTAINED THEREIN. UNITED DAIRY FARMERS SHALL NOT BE LIABLE FOR ANY FAILURE OF THE U-DRIVE PLUS PROGRAM, INCLUDING THE WEBSITE, WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.

(8) LIMITATION OF COMPANY’S LIABILITY AND DAMAGES.

IN NO EVENT SHALL UNITED DAIRY FARMERS BE LIABLE FOR ANY LOSS ARISING OUT FROM LOST OR STOLEN U-DRIVE PLUS CARDS, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE U-DRIVE PLUS PROGRAM OR THE WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REWARDS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR PROGRAMS, OR ANY INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM LIABILITY COLLECTIVELY OF THE UNITED DAIRY FARMERS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.

(9) Expiration and Forfeiture of Rewards.

Rewards earned on a U-Drive Plus Membership Card expire after nine (9) months of account inactivity.

(10) Entire Agreement.

These terms and conditions and the Privacy Statement constitute the entire agreement between United Dairy Farmers and You with respect to your use of the U-Drive Plus program. Any cause of action You may have with respect to your use of the U-Drive Plus program must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

U-Drive Plus Text Club Terms & Conditions

IMPORTANT: THESE TEXT MESSAGING TERMS OF USE APPLY ONLY IF YOU HAVE OPTED TO RECEIVE TEXT MESSAGES FROM UDF U-DRIVE TEXT CLUB (“we” or “us”).

When you opt in to our SMS program, you understand and agree that the Website Terms of Use are incorporated into, and become part of, the SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS PROGRAM. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

SMS offers are only accessible on smartphone devices and we may change the SMS opt-in offer without notice. If you have opted in to receive text messages we do not charge you for the text message. Standard messaging and data rates will apply to each text message received as provided for in the wireless plan with your carrier. If you have entered your mobile # and your zip code and clicked “REGISTER” on our website then you have agreed to receive up periodic autodialed ads and other marketing messages per month from us on your mobile #. We do not require you to agree to receive text messages as a condition of making any purchase. If you need help with text messages text HELP to 60534. Currently, AT&T, Verizon Wireless, Sprint, Virgin, T-Mobile, US Cellular, Cricket (Leap), MetroPCS, C Spire, Carolina West Wireless (CWW), CellCom, and Bandwidth are participating carriers but these may change without notice. SMS may not be delivered to you if your phone is not in the range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within coverage, factors beyond the control of the participating carriers Verizon and T-Mobile/MetroPCS may interfere with messages delivery for which the carrier is not responsible. T-Mobile/Metro PCS does not guarantee that SMS will be delivered. If you wish to opt out of receiving text messages from us text STOP to 60534. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe.

SMS Terms & Conditions

For HELP, text HELP to 60534. To stop, text STOP to 60534. May be autodialed. Message and data rates may apply. Recurring messages/mo.

UDF U-Drive App Terms & Conditions

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Rover Enterprises LLC.

Rover Enterprises LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The RoverTown app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the RoverTown app won’t work properly or at all.

You should be aware that there are certain things that Rover Enterprises LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Rover Enterprises LLC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Rover Enterprises LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Rover Enterprises LLC cannot accept responsibility

With respect to Rover Enterprises LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavur to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Rover Enterprises LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Rover Enterprises LLC does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to These Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.