Terms of Use

Effective as of December 15, 2014.

Acceptance of the Terms of Use

The following terms and conditions (these “Terms of Use”), govern your access to and use of all MilkCrate, LLC (the “Company”, “We”, “Us”, “Our”, or “MilkCrate”) websites (the “Website”) and mobile applications (the “App”) (collectively, the “Services”) that reference or link to these Terms of Use.

Please read the Terms of Use carefully before you use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at mymilkcrate.co, incorporated herein by reference. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES, THE SERVICES.

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access our Services so you are aware of any changes, as they are binding on you.

About MilkCrate

Our Services aggregate information about local, sustainable businesses into a user-friendly platform in order to enable our users (“Users”) to engage in values-driven consumption of goods and services. Using our Services, Users can: view, in both list and map view, information about businesses across a variety of lifestyle categories from our original database; determine what businesses have obtained certifications that reflect positive sustainable or local values; receive information about what local, sustainable lifestyle behaviors are trending; engage in trending local, sustainable lifestyle behaviors by clicking on one of our periodic promotions; and
recommend businesses to be listed on MilkCrate by clicking on the “Get Listed” button and entering information about a local business.

If you own a business, you can use our Services to:

apply to add your business to the MilkCrate database, such that the business appears among our lists of local, sustainable businesses; set up a premium account on our Services (“Premium Account”), through which you can: feature your business through our Services more prominently; and add content to your business’s profile, including, but not limited to, additional descriptions of your business, pictures, promotional materials and other content that you may generate and request us to include in your Premium Account.

Accessing the Services.

Users.
You may access the Services by downloading the App or by accessing the Website at http://mymilkcrate.commm/. To access all of the features offered through our Services, you must establish an account (an “Account”) and you will be asked to provide certain registration details or other information. You are responsible for maintaining the confidentiality of your Account password. It is a condition of your use of the Services that all the information you provide in order to obtain your Account is correct, current and complete. You agree that all information you provide to register with our Services, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to notify us immediately of any unauthorized use of your account.

Premium Accounts.
Some Users may apply to create a Premium Account on our Services related to such User’s business (“Premium Account Users”). Premium Account Users must register, accept our Premium Account Advertising Agreement and pay any fees associated with your Premium Account. Premium Account Users are subject to these Terms of Use. Premium Account Users may submit certain content for use display on our services. Premium Account Users represent and warrant that they have the rights and authority to use such content in connection with their Premium Account and that such content does not infringe upon the copyrights, trademarks or other intellectual property of any third party. We retain the right to discontinue your Premium Account pursuant to our Premium Account Advertising Agreement or if you breach any of these Terms of Use. We are not responsible for any content that you provide to us for display through our Services in connection with your Premium Account.

Content and Intellectual Property.
Company Content. The Website and the App, including the design and overall look and feel of the Website and the App, are protected under U.S. and international copyright laws. Except for Premium Account Content and Third Party Content, all content including without limitation, all trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, and code are protected by trade dress, copyright, trademark and other intellectual property rights

Trademarks. The Company name and mark MilkCrate™ and all related names, logos, product names, service names, designs and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.

Premium Account Content. You own the content you submit in connection with creating a Premium Account (“Premium Account Content”). You retain all of your rights in your Premium Account Content, subject to the rights held in the Third Party Content and Company Content. By submitting Premium Account Content to us or transmitting Premium Account Content via the Services, you grant to the Company a worldwide, non-exclusive, royalty free, sublicenseable and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Premium Account Content. You also grant each User of the Website and App a non-exclusive license to access and download your Premium Account Content through the Website and App.

Third Party Content. Content owned by third parties also appears on the Website and the App, including certain advertisements, business directories, and business profiles. Third Party Content is used by the Company pursuant to a license from a third party. We do not control Third Party Content and cannot guarantee the accuracy, integrity or quality of such Third Party Content and you acknowledge that by using the Services, you may be exposed to Third Party Content that is offensive and/or indecent. We will not be liable in any way for any Third Party Content or for any loss or damage of any kind resulting from the use of any Third Party Content transmitted via the Services, and you agree to bear all risks associated with the use of any Third Party Content, including any reliance on the accuracy or completeness of such Third Party Content.

Links to Third Party Content. Our Services may contain links to other sites and resources provided by third parties, including links contained in advertisements and links to the social media websites Facebook, Twitter, Instagram, and LinkedIn (“Third Party Links”). Such Third Party Links are provided for your convenience only. When you use Third Party Links, you will be taken to a third party website and other content, over which we have no control. Accordingly, we accept no responsibility for the content associated with Third Party Links, or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Links linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, applications or other resources.

Usage Rules

Not Intended for Children. The Services are offered and available users who are 18 years of age or older and reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Services.

Permitted Uses of the Services and Content. Users are permitted to: access and use the Services and Content strictly in accordance with these Terms of Use; use Content purposely made available to Users by the Company through the Website and App, provided that you (a) do not remove any proprietary notice language, and (b) make no modifications to any Content; use the Services and Content for personal, non-commercial purposes, and with regard to Premium Account Users only, to use the Services and Content for the commercial purposes specifically permitted by the Premium Account Advertising Agreement.

Prohibited Uses of the Services and Content. Users are prohibited from using the Services or Content to: send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful; post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise; threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others; impersonate any person or entity for the purpose of misleading others; make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another; use any information or material in any manner that infringes any of our or any other party’s copyright, trademark, patent or other proprietary rights; collect or store personal information about others, including email addresses, log-in details or other credentials; post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services; violate any applicable laws or regulations; and attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

We have no obligation to monitor the Services, but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.

Copyright Infringement

If you believe that any content on our Services infringes your copyright and you want the content removed from our Services, please send a detailed message to our designated copyright agent here.

Under the Digital Millennium Copyright Act, the following information must be included in the message to us: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. >A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Geographic Restrictions

The provider of the Services is based in the Commonwealth of Pennsylvania in the United States. WE PROVIDE THE SERVICES FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading through our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE SERVICES, THE CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, any use of the Company Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained through the Services.

Governing Law and Jurisdiction.

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Philadelphia and County of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Electronic Communications; Binding and Entire Agreement.
You agree that (a) these Terms and Conditions constitute an agreement “signed by you” under applicable law and constitute your agreement and intent to be bound by and to pay for such agreements and transactions; (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the Website, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and the Company and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Services.

Your Comments and Concerns.
This Services are provided to you by MilkCrate, LLC.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed here.