LEGAL STATEMENT – SITE DISCLAIMER/TERMS OF USE/COOKIE POLICY List of Domains: https://www.kalmbachfeeds.com, https://tributeequinenutrition.com, https://antlerking.com, https://formulaofchampions.com, https://www.rightchoicefeeds.com, and all other sites, all associated sites linked by Kalmbach Feeds, its subsidiaries and affiliates, mobile sites, services, applications, platforms and tools where these Terms of Use appear or are linked (collectively the “Site”). These Terms of Use govern your access to and use of Kalmbach Feeds‘ Site. By accessing or using the Site, you are agreeing to these Terms of Use and entering into a legally binding contract with Kalmbach Feeds, Inc. (“Kalmbach Feeds“) It is important that you read carefully and understand these Terms of Use. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Use. Any references to “you” and “your” refer to you, as a user of the Site. No Warranties: All content, products, and services on the Kalmbach Feeds Site are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kalmbach Feeds does not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components. Kalmbach Feeds makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the content on the Site. Limitation of Liability: In no event shall Kalmbach Feeds, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any content, products, or services obtained through the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or other legal theory, even if Kalmbach Feeds or any of its affiliates, officers, directors, employees, agents, suppliers, or licensors have has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. Indemnification: You agree to indemnify, defend and hold harmless Kalmbach Feeds, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your violation of these Terms of Use on your use of the Site. Terms of Use Intellectual Property: Unless otherwise noted, all content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, is the property of Kalmbach Feeds and protected by United States and international copyright and trademark laws. Users may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Site without the express written permission of Kalmbach Feeds. User Conduct: By accessing the Site, you agree not to: Transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material Engage in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity Use the Site to post or transmit any virus, worm, Trojan horse, or other malicious code Use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that you otherwise do not have a right to transmit Interfere with or disrupt the Site or servers or networks connected to the Site “Frame” or “mirror” any part of the Site without Kalmbach Feeds‘ prior written authorization Use the Site for any commercial purpose without Kalmbach Feeds‘ prior written consent Kalmbach Feeds will fully cooperate with any law enforcement authorities or court order requesting or directing Kalmbach Feeds to disclose the identity of or help identify or locate anyone transmitting any such information or materials. Kalmbach Feeds reserves the right to terminate your access to the Site for violating these terms of use. Purchases: If you make a purchase through the Site, you agree to provide accurate, current, and complete information and to comply with the terms and conditions of any agreement related to the purchase. You are responsible for all charges incurred by users of your account. Third-Party Links: The Site may contain links to third-party websites. Kalmbach Feeds is not responsible for the content or privacy practices of those sites. Linking to third-party sites does not constitute an endorsement by Kalmbach Feeds. When you access these third-party sites, you do so at your own risk. Modifications: Kalmbach Feeds reserves the right to modify these terms of use at any time without prior notice. Your continued use of the Site following the posting of changes constitutes your acceptance of the modified terms. Entire Agreement – Non-Waiver: The Terms of Use contain the entire agreement between You and Kalmbach Feeds with respect to the subject matter hereof. No waiver of any provision of the Terms of Use will be binding unless in writing signed by an authorized representative of the party against whom the waiver is asserted, and unless expressly made generally applicable, will apply only to the specific case for which the waiver if given. Failure of either party to insist on strict performance of the Terms of Use will not be construed as a waiver of any term or condition of the Terms of Use. Severability: If any provision of this Terms of Use is deemed invalid, illegal, void, unenforceable by a fact-finder of competent jurisdiction, then that provision will be severed from this Terms of Use and will not affect validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect, and such other provisions shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. Governing Law and Venue: You and Kalmbach Feeds agree that the laws of the State of Ohio will govern and be applied in any and all actions or proceedings arising in connection with and/or in any way related to these Terms of Use. You and Kalmbach Feeds also unconditionally submit to the jurisdiction of any Ohio State Court sitting in Wyandot County, Ohio in any action or proceeding commenced by either party relating to and/or arising in connection with these Terms of Use. Cookies Policy This Cookies Policy applies to the Kalmbach Feeds online service (the “Service”) produced and maintained by Kalmbach Feeds. Information Collection: Kalmbach Feeds collects personally identifying information during registrations for (a) Kalmbach Feeds (b) subscriptions to Kalmbach Feeds, or (c) online purchases. In addition, information is collected in certain portions of the Service where guests specifically and knowingly provide such information along with content submissions, questions, comments, and suggestions. Kalmbach Feeds may use this information for internal purposes, including but not limited to editorial and feedback purposes. Information submitted during registration or with submissions may be used for Kalmbach Feeds‘ marketing and promotional purposes and shared with pre-screened companies. If you object to this use, you may stop it by emailing a request or modifying your registration information online. How We Use Cookies: Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes while at the Site. The use of cookies is an industry standard, and most major websites use them to make web-surfing easier by saving your passwords, purchases, and preferences. Cookies help us improve the Kalmbach Feeds websites by showing how and when guests use the Site. Many content improvements and updates are based on data such as the total number of visitors and pages viewed, which is most easily tracked with cookies. Here are some examples of how Kalmbach Feeds uses cookies: A cookie lets the Service remember that you’ve registered, allowing us to speed up your future activities on the Site. The Kalmbach Feeds Store uses a temporary cookie to track which products you’ve selected while shopping. The cookie expires once you’re done shopping, saving you the trouble of re-entering information during a single visit. If you decline this cookie, you may have difficulty ordering your selections. The cookies themselves do not contain any personally identifying information, although they may enable Kalmbach Feeds to relate a user’s use of the Service to personally identifying information previously submitted by the user. Types of Cookies We Use: In addition to the specific examples above, we use the following types of cookies: Strictly Necessary Cookies: These cookies are essential for you to browse the Site and use its features, such as accessing secure areas. Performance Cookies: These cookies collect anonymous information on how visitors use the Site to help us understand how customers arrive at our Site, browse or use our site and highlight areas where we can improve. Functionality Cookies: These cookies remember choices you make such as the country you visit our Site from, language and search parameters to provide enhanced, more personalized features. Targeting Cookies: These cookies collect information about your browsing habits to deliver advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers. Managing Cookies: You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. However, disabling cookies may prevent you from taking full advantage of the Site. For more information on how to manage cookies, please refer to your browser’s documentation or help section. You can also visit www.aboutcookies.org for comprehensive information on how to manage cookies across various browsers. Third-Party Cookies: In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Service and deliver advertisements tailored to your interests. By using the Kalmbach Feeds Service, you acknowledge that you have read, understood, and agree to be bound by this Legal Disclaimer, Terms of Use, and Cookies Policy. If you do not agree, please discontinue using this Site. Attention Kids: If you are under 18, you must get permission from a parent or guardian before sending any information about yourself or others or making purchases through this Site. If you have any questions regarding this Legal Disclaimer, Terms of Use, and Cookie Policy, please submit your query via our Contact form or you may submit your query in writing to: Kalmbach Feeds, Inc. Attn: Legal Department 7148 State Highway 199 Upper Sandusky, OH 43351
