This web site is provided for your information and entertainment, and we hope you enjoy using it. Please browse the web site and make use of its various features, but please be aware that your use of the web site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this web site.
- Ownership and Operation
- Agreement to Be Bound
- Continuing Agreement
- Use of Site Materials
- Downloaded Software
- Privacy
- Submissions
- Geographic Scope of Site
- Links to Other Sites
- Contents of the Web Site - Disclaimer
- Operation of the Web Site - Disclaimer
- Limitation of Liability
- Limitations as to Paragraphs 11, 12 and 13
- Postings
- Availability of Help
- Applicable Law; Jurisdiction
- Severability
- No Waiver
- No Legal Effect
This website is a collaborative partnership of the following organizations: SaveOurEnvironment.org, Dave Matthews Band, Ben & Jerry's Homemade, Inc., and MusicMatters. (referred to as the "Partnership," "we," "us," or "our"). This Site is maintained and operated by Ben & Jerry's Homemade, Inc., 30 Community Drive, South Burlington, Vermont 05403-6828, US. Our phone number is 802-846-1500. The Partnership may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.
2. Agreement to Be Bound
Your use of this web site constitutes your agreement with the Partnership to be bound by, and to act in accordance with, these Terms of Use.
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use.
Ben & Jerry's Homemade, Inc. owns the copyright for all of the material on the web site or has a valid right from a third party to use material on the web site. We also own or have a valid right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of any such material on any other web site or computer network without our written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by us, is strictly prohibited.
If you download software from this website, the software and all files, images and data relating to the software will be licensed to you by the Partnership. You do not own the downloaded software, and we do not transfer ownership of the Software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software that is downloaded from this web site is subject to United States export control laws. If you download software from this web site, you represent and warrant to us that you are not acting in violation of those laws.
For information on how the Partnership uses and protects the personal information you may provide on this web site, click here.
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to the Partnership through this web site will become and remain our exclusive property, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means we has no obligation to keep your submissions confidential.
The Partnership controls and operates this web site from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those products that are sold by the members of the Partnership in the United States and its territories, and we makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.
For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by the Partnership. These links do not mean that we endorse, approve or sponsor any information available at the linked site or any products that may be sold there, nor are we liable for any damage that might result from your use of such information or products.
The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Partnership and each of its members disclaim all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. We undertake no obligation to verify or maintain the currency of such information.
11. Contents of the Web Site - Disclaimer
Certain links in this web site may link you to other sites on the worldwide web. The linked sites may not be under the control of the Partnership and we are in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by the Partnership to, or an endorsement by us of, the linked site or any products or services which may be offered there.
12. Operation of the Web Site - Disclaimer
The Partnership endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, the Partnership expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. The Partnership makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not the Partnership) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.
Under no circumstances shall the Partnership be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. the Partnership shall not be liable even if we or our authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
14. Limitations as to Paragraphs 11,12 and 13
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Partnership's total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
The Partnership may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. the Partnership will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Partnership, its customers or the public.
This web site may provide a Help file or other instructions for the use of this site. However, you understand that the Partnership is under no obligation to provide any support for the use of the web site.
17. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New York or the United States District Court for the Southern District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No failure on the part of the Partnership to enforce any part of these Terms of Use shall constitute a waiver of any of the Partnership's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by the Partnership nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of the Partnership shall have any legal effect whatsoever.
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.
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Copyright � 2002 Ben & Jerry's Homemade, Inc. All rights reserved.