Swine Management Services, LLC Legal Information
Swine Management Services, LLC maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Swine Management Services’ written permission.
Your access to and use of the Site is also subject to the following terms of use (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and Swine Management Services are superseded and of no force or effect.
TERMS OF USE
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of Swine Management Services. Swine Management Services neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Swine Management Services.
2. While Swine Management Services uses reasonable efforts to include accurate and up-to-date information in the Site, Swine Management Services makes no warranties or representations as to its accuracy. Swine Management Services assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Swine Management Services nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL SWINE MANAGEMENT SERVICES, LLC BE LIABLE TO YOU OR ANY USER OF THIS SITE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES. YOU FURTHER AGREE THAT THE MAXIMUM AMOUNT OF LIABILITY THAT SWINE MANAGEMENT SERVICES, LLC MAY HAVE UNDER ANY CLAIM OF ANY NATURE SHALL BE LIMITED TO THE SUM OF $100. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Swine Management Services also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Swine Management Services or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Swine Management Services is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, Swine Management Services. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
6. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Swine Management Services, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Swine Management Services will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Swine Management Services has not reviewed all the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although Swine Management Services may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Swine Management Services is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting 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. Swine Management Services will fully cooperate with any law enforcement authorities or court order requesting or directing Swine Management Services to disclose the identity of anyone posting any such information or materials.
9. This Site may from time to time contain information relating to various medical, health and fitness conditions of animals and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other medical professional. You should not use the information contained herein for diagnosing an animal’s health or fitness problem or disease. You should always consult your own veterinarian and medical advisors.
10. Swine Management Services may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
11. The information contained in the Log In portion of the SMS Web Site is derived from data provided by SMS customers and those customers’ representatives authorized by the SMS customer to input data. SMS does not verify the accuracy of this data. By entering the Log In portion of the SMS Web Site you acknowledge that SMS assumes no liability for the accuracy of any data provided by an SMS customer or anyone to whom an SMS customer gives access to this Log In portion of the SMS Web Site.
By providing information to SMS, you grant permission to SMS to compile and sell such information in an anonymous and aggregate format.
12. You agree that any claim or dispute arising in connection with your use of the Site shall be construed exclusively pursuant to the laws of the State of Nebraska, unless pre-empted by federal law, and you further agree that any claim or dispute must be brought in either the state or federal courts of the State of Nebraska who shall have exclusive jurisdiction over any such claim or dispute.