Elmhurst 1925ers Tasting Club terms and conditions
These Elmhurst 1925ers Tasting Club terms and conditions (“Terms of Service”) are entered into by and between Elmhurst Milked, LLC (“Elmhurst” or “we”) and the person clicking submit or otherwise submitting the application for the Elmhurst 1925ers Tasting Club (“Customer” or “you“).
During your participation in the Elmhurst 1925ers Tasting Club, you may receive confidential and proprietary information of Elmhurst, including but not limited to proposed product samples and information relating to the Elmhurst’s products and samples, (“Confidential Information”). You acknowledge and agree that such Confidential Information is an asset of the Elmhurst and must be kept strictly confidential. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such Confidential Information to any third party in any manner whatsoever except as directed by Elmhurst. You agree you will not share product samples with any third-parties. You agree that the restrictions on disclosure and use of Confidential Information shall continue indefinitely.
You understand and agree you will receive no compensation for any participation in the Elmhurst 1925ers Tasting Club. If, whether at our request, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, in perpetuity, and without compensation or credit to you, use, edit, copy, publish, distribute, translate and otherwise use in anyway any comments that you send to us. We are and shall be under no obligation 1) to maintain any comments in confidence; 2) to pay compensation for any comments; or 3) to respond to any comments.
We may, in our sole discretion and without notice to you, terminate the Elmhurst 1925ers Tasting Club program at any time or terminate your participation in the Elmhurst 1925ers Tasting Club program. The provisions of these Terms of Service shall survive any termination of the Elmhurst 1925ers Tasting Club or your termination from such program.
These Terms of Service are governed by the laws of New York, without regard for its choice of law provisions and the exclusive forum for any legal action arising pursuant to or under this Agreement shall be the Federal and State courts situated in Erie County, New York.