User Agreement

Dairy Business Daily™ User Agreement

1. Agreement and General Terms of Use

1.1 This User Agreement constitutes the agreement between MetaFarms Corporation ("MetaFarms, Inc.") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the Dairy Business Daily™ service and/or other services based on the Dairy Business Daily™ service (collectively the "Service"), which are owned and controlled by MetaFarms, Inc.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 MetaFarms, Inc. reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. MetaFarms, Inc. will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.

1.4 MetaFarms, Inc. reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. MetaFarms, Inc. further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on MetaFarms, Inc. belief that your use of the Service violates that permitted by this Agreement or applicable law.

1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVISE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.

2. Fees and Payments; Account Management

2.1 You will pay MetaFarms, Inc. for all fees, charges, and any applicable taxes, associated with the Service in accordance with the current rates, payment terms, and policies specified by MetaFarms, Inc. in the applicable Service enrollment screens and on-line help. You acknowledge that you will pay MetaFarms, Inc. all such fees, charges, and applicable taxes for the Service where enrollment in the Service has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization. If you enroll in the Service using a credit card, you certify to MetaFarms, Inc. that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Service.

You further acknowledge that your obligation to pay MetaFarms, Inc. all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay MetaFarms, Inc. for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the Service, and not the date of your first use of it.

You may cancel your monthly or annual account for the Service at any time; however, MetaFarms, Inc. does not prorate any fees, charges, or applicable taxes associated with the Service upon any termination or cancellation and does not refund any such amounts except in the case of cancelled annual subscriptions within the first 30 days of usage in which case the remaining 11 months subscription fees will be refunded. You may cancel your annual account at any time. You may cancel your account for the Service by completing and submitting a cancellation form, and instructions for cancellation may be found in the on-line help for the Service.

3. Rights in Service Content and the Service

3.1 All content provided by MetaFarms, Inc. on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by MetaFarms, Inc. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by MetaFarms, Inc. Dairy Business Daily™ and REFERENCE LIBRARY™ are trademarks of MetaFarms Corporation or its parent or subsidiaries. All other trademarks appearing on the Service are the property of their respective owners.

3.2 You may download content from the Service solely for your personal, internal use, but will make no other use of the content without the express written permission of MetaFarms, Inc. and the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content on the Service or the Service itself without the express written permission of MetaFarms, Inc. and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to MetaFarms, Inc. and/or its licensors.

3.3 Certain content found on the Service may be subject to additional terms and conditions as specified in Section 12 below.

4. User Activities and User Information on the Service

4.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

4.2 You warrant that any material or information that you make available through the Service, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.

4.3 By making any material or information available through the Service, for example, in postings to chat areas and forums, you automatically grant to MetaFarms, Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that users personal, internal use.

4.4 MetaFarms, Inc. has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and MetaFarms, Inc. is not responsible for any content of this material or information. However, MetaFarms, Inc. reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, MetaFarms, Inc. reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

4.5 MetaFarms, Inc. reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. MetaFarms, Inc. further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. MetaFarms, Inc. may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by MetaFarms, Inc.

5. Disclaimer of Warranties & Limitation of Liability

5.1 You expressly agree that use of the Service and the MetaFarms, Inc. Software (as defined below) is at your sole risk. Neither MetaFarms, Inc. nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or the MetaFarms, Inc. Software will be uninterrupted or error free or that they will be free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from the use of the Service or the MetaFarms, Inc. Software, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service or the MetaFarms, Inc. Software, any merchandise or services provided through the Service or the MetaFarms, Inc. Software, or any links to other sites or services made available on the Service or the MetaFarms, Inc. Software.

5.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, AND THE METAFARMS, INC. SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 Under no circumstances, including, but not limited to, negligence, shall MetaFarms, Inc. (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Service, the Service itself, or the MetaFarms, Inc. Software. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that MetaFarms, Inc. (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of MetaFarms, Inc. (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you to MetaFarms, Inc. during the twelve (12) months prior to any claim of injury or damage.

6. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless MetaFarms, Inc. (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. MetaFarms, Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

7. Notices between Us

For individual users, you will contact us by sending electronic mail to feedback@Dairy Business Daily.com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.

8. Termination

MetaFarms, Inc. may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. MetaFarms, Inc. shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which MetaFarms, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

9. Law Governing Performance and Disputes

This Agreement, your performance underit, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Minnesota, without giving effect to their conflict of laws and principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Minnesota and the United States District Court in any and all actions, disputes, or controversies relating to this Agreement.

10. Software License

10.1 If you download any MetaFarms, Inc.-provided software from the Service (the "MetaFarms, Inc. Software"), MetaFarms, Inc. grants you a non-exclusive, non-transferable, revocable, personal license to use the MetaFarms, Inc. Software solely to establish a connection and access the Service in accordance with the provisions of this Agreement. The MetaFarms, Inc. Software and all proprietary rights within the software are the sole and exclusive property of MetaFarms, Inc. and/or licensors. This license to use the MetaFarms, Inc. Software terminates automatically upon the termination of this Agreement. You may not modify the MetaFarms, Inc. Software in any manner, nor may you reverse engineer, decompile, translate, disassemble or make any derivative works from the MetaFarms, Inc. Software. MetaFarms, Inc.' entire liability to you and your sole and exclusive remedy regarding the use of the MetaFarms, Inc. Software shall be the replacement of the MetaFarms, Inc. Software program.

10.2 RESTRICTED RIGHTS LEGEND. Any software or documentation that is either downloaded from the Service or otherwise provided under an agreement for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), including the MetaFarms, Inc. Software, is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is MetaFarms, Inc., 2980 Commers Drive, Suite 400, Eagan, MN 55121.

11. General Terms

This Agreement and any rules posted on the Service by MetaFarms, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either MetaFarms, Inc. or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of MetaFarms, Inc. and its successors, trustees, and permitted assigns. MetaFarms, Inc. may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by MetaFarms, Inc. does not relieve you of your obligations under this Agreement.

12. Content-Specific Notices

MetaFarms, Inc. reserves the right to add content-specific notices from licensed information providers at any time, and you agree to be bound by these additional content-specific notices. MetaFarms, Inc. will provide notice of such content-specific notices by posting a notice on the Service and including these notices in this section (Section 12) of this Agreement and General Terms of Use ("Dairy Business Daily™ User Agreement").