Turkey Hill Nation is a network connecting Turkey Hill Dairy and its many loyal customers. Turkey Hill Nation allows interactions between Turkey Hill Dairy and the Members of Turkey Hill Nation, as well as interactions between the Members.
In order to use certain functions of our Application, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Turkey Hill Dairy if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Apple Terms and Conditions; Turkey Hill Dairy Policies
These Terms supplement and incorporate (a) the Apple, Inc. ("Apple") Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein ("Apple Terms"); and (b) other Turkey Hill Dairy policies, posted at www.turkeyhillnation.com ("Turkey Hill Nation Website"). If any of the provisions of the Apple Terms and Conditions or the any applicable Turkey Hill Dairy policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application. Turkey Hill Dairy, not Apple, is solely responsible for the Application and the content thereof.
Other Third Party Terms and Conditions; Turkey Hill Dairy Policies
This Agreement supplements and incorporates (a) the terms and conditions of any site from which User downloads the Application (including Google Play, the Amazon Appstore, and the Android Market) ("Third Party Terms") and (b) other Turkey Hill Dairy policies, posted at www.turkeyhillnation.com ("Turkey Hill Nation Website"). If any of the provisions of the Third Party Terms or the any applicable Turkey Hill Dairy policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
Subject to these Terms, Turkey Hill Dairy grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an iOS product (a "Device") or on a device operating on an Android platform (a "Device") owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms ("User License"). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application ("Content") is prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
User's use of the Application or Website, any Content, and any information provided by the User including usernames and passwords, addresses, e-mail addresses, phone number, or GPS location ("User Information") transmitted in connection with the Application or Website is limited to the contemplated functionality of the Application. In no event may the Application or Website be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Turkey Hill Dairy or Content that is not authorized by Turkey Hill Dairy; (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Turkey Hill Dairy or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to Turkey Hill Dairy computer network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Turkey Hill Dairy servers or networks; (j) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (k) fails to comply with applicable third party terms (collectively "Acceptable Use"). Turkey Hill Dairy reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in Turkey Hill Nation, remove Content, or assert legal action with respect to Content or use of the Application or Website that Turkey Hill Dairy reasonably believes is or might be in violation of these Terms, Apple Terms, or Turkey Hill Dairy policies. Turkey Hill Dairy failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Turkey Hill Dairy requests that Users not use the Application or Website while driving.
The User agrees to defend, indemnify, and hold harmless Turkey Hill Dairy, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorney's fees) that arise from or relate to the User's use or misuse of the Application or Website, violation of these Terms, or violation of any rights of a third party. Turkey Hill Dairy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or Website or User's possession and use of the Application or Website infringes that third party's intellectual property right, Turkey Hill Dairy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
TURKEY HILL DAIRY IS PROVIDING THE APPLICATION AND WEBSITE TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AND WEBSITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TURKEY HILL DAIRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION AND WEBSITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION AND WEBSITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION AND WEBSITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED.
In the event of any failure of the Application or Website to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Turkey Hill Dairy sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Turkey Hill Dairy, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TURKEY HILL DAIRY (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION OR WEBSITE, INCLUDING WITHOUT LIMITATION PARTICIPATION; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION AND WEBSITE OR TO CEASE PARTICIPATION. User agrees that Turkey Hill Dairy shall bear no responsibility or liability for the acts or omissions of employees, contractors or agents. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Marks, Application and Content
Turkey Hill Dairy, Turkey Hill Nation, the Turkey Hill Dairy logo, Turkey Hill Nation logo, and other Turkey Hill Dairy trademarks, service marks, graphics, and logos used in connection with the Application and Website are trademarks or registered trademarks of Turkey Hill Dairy (collectively "Turkey Hill Dairy Marks"). Other trademarks, service marks, graphics and logos used in connection with the Application and Website are the trademarks of their respective owners (collectively "Third Party Marks"). The Turkey Hill Dairy Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Turkey Hill Dairy or the applicable trademark holder. The Application, Website, and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Turkey Hill Dairy or the owner of the Content.
Third Party Content, Applications, Products and Services (including Advertising and Promotions)
Turkey Hill Dairy may provide third party content in the Application and Website (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Turkey Hill Dairy of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Turkey Hill Dairy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you use other applications via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from our Application or Website.
Governing Law and Jurisdiction
These Terms and use of the Application and Website are governed by the laws of the Commonwealth of Pennsylvania, United States of America, without regard to Pennsylvania's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Lancaster County, Pennsylvania, United States of America, for purposes of any legal action arising out of or related to the use of the Application, the Website, or these Terms.
Apple and Apple's subsidiaries are third party beneficiaries of these Terms. Upon User's acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
Turkey Hill Dairy reserves the right to change or modify these Terms or any other Turkey Hill Dairy policies related to use of the Application or the Website at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the Website. Continued use of the Application or the Website following such changes or modifications to the Terms or other Turkey Hill Dairy policies will constitute acceptance of such changes or modifications. Turkey Hill Dairy reserves the right to change the Turkey Hill Nation Application or Website, including removing or discontinuing any information or features in whole or in part.
Any questions, complaints, or claims regarding the Application or the Website should be directed to:
Turkey Hill Dairy
Turkey Hill Nation Customer Care
2601 River Road
Conestoga, PA 17516-9630
Phone: 1-800-MY-DAIRY (693-2479)