Milk Expressed Terms of Use


These Terms of Use (the “Terms”) apply to your use of the website, mobile applications, and any services provided under a separate service agreement (collectively, the “Services”), provided by Catsby Holdings, LLC (“Milk Expressed,” “we,” “us,” or “our”), whether for yourself or on behalf of a business. By using the Services, you agree to be bound by these Terms. To the extent these Terms conflict with any part of a separate service agreement between you and Milk Expressed, the service agreement will control.  These Terms incorporate the Milk Expressed privacy policy, which can be found here (the “Privacy Policy”) .
 

1. Your Account

To access the full array of Services, you may need to create an account. That account may be created directly by you, or may be created by an administrator on your behalf. In either event, you recognize the importance of keeping your account password confidential, and agree that you are responsible for activity that happens on or through your account. If you suspect any unauthorized use of your account, please contact us immediately. Access to the Services and registration for an account is only permitted to individuals age eighteen or older, or business entities. By accessing the Services and registering for an account you affirm that you meet these eligibility criteria.


2. Payment

Milk Expressed charges a fee for some of the Services (the “Paid Services"), as indicated at the time of purchase. If you register for Paid Services you may be asked to enter your credit card information and authorize payment for those Paid Services. All credit card information and transactions are handled by third-party partners and Milk Expressed will not maintain any record of credit card account numbers or other information. All currency pricing on the Milk Expressed Service will be in United States Dollars.

All Paid Services may be terminated at any time by you or Milk Expressed in accord with these Terms. Upon termination of Paid Services, all future billing will cease but no amount already paid will be refundable.

In the event that you dispute any charges you must so inform Milk Expressed within sixty (60) days from the date of any charge; all amounts paid are non-refundable and Milk Expressed reserves the right to adjust prices from time to time. Your use of the Service following a price adjustment constitutes your agreement with such pricing.


3. Content

In your use of the Services you may upload content to the website or an account. Ownership of intellectual property rights in that content will remain yours. With regard to that content, you agree that by uploading through the Services you grant Milk Expressed and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, sublicense, and distribute such content. This license is granted for the sole purpose of operating, promoting, and improving the Services, and developing new ones. You agree that we may display your account profile name, photo, and actions you take through the Services, within the Services, subject to the terms of the Privacy Policy.

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United States of America copyright laws. Milk Expressed owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Milk Expressed and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.


4. Mobile Apps

Where the Services require or permit download of a mobile application (an “App”), we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accord with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of the Services or any App, nor to reverse engineer or attempt to extract the source code of any App, unless laws prohibit those restrictions or you have our written permission.


5. Communications

Fast, efficient communication is essential in providing the Services. You agree that we may contact you, either electronically or via telephone, via the information provided for the purpose of providing the Services, and that third-parties which whom we contract or with whom we share your information in accord with the Privacy Policy may likewise contact you.


6. Work With Third-Parties

As part of the provision of Services, you acknowledge that we will work with third-party service providers. These third-parties may include call centers, other user communications providers, research, marketing, and advertising companies, contractors, and others. You agree that any such third-party is not an employee or agent of Milk Expressed, that Milk Expressed does not warrant or otherwise guarantee than work completed by a third-party will be completed in a satisfactory manner, and that in no event will Milk Expressed be liable for any damages caused by a third-party. You further agree that the terms of your relationship with any third-party you are connected to through the Services, including any website linked to from the Milk Expressed website, will be governed by any agreement you have with that third-party.


7. Modifying or Terminating Services

As we grow, we will continue to update and change the Services, by both adding and removing features, functionalities, and services. We reserve the right to make these changes, or terminate the Services altogether, at any time, subject only to a separate service agreement. You may terminate your use of the Services at any time, also subject to any separate service agreement. If we decide to terminate a Service, as much as possible we will provide you with advance notice and an opportunity to archive data, if any. While we will do our best to work with you to archive data in the event you terminate Services, we cannot guarantee the availability of any data after you terminate Services or request deletion of an account.


8. Your Responsibilities

At Milk Expressed we pride ourselves on the work that we do to make sure that your deliveries arrive on-time, in the proper condition, with no spoilage, every time. We can only make this happen if you take care of certain things beforehand, so in order to help us meet these goals, you agree that you will:

  • Use Milk Expressed only in relation to the consumption of breast milk by your child, or a child of whom you are the legal guardian;
  • Maintain a clean environment for pumping, storing, and transferring all milk prior to shipment;
  • Properly clean and maintain any breast pump or other equipment in accord with each manufacturer’s instructions;
  • Properly refrigerate all milk prior to shipping;
  • Read all Milk Expressed instructional materials prior to shipping;
  • Seal all storage and shipping containers as instructed by Milk Expressed;
  • Request carrier pickup or deliver shipments to carriers in a timely fashion as instructed by Milk Expressed;
  • Immediately inform Milk Expressed of any changes in accommodations or travel schedule; and
  • Cooperate with all Milk Expressed information requests regarding the coordination of your travel, lodging, and shipping.

In making use of the Services, you further agree not to:

  • Post or distribute content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of other users;
  • Engage in automated uses of the site that are abusive or disruptive of the Services and have not been approved by us;
  • Disrupt the Services by placing an undue burden on a website or the networks or servers connected with the Services;
  • Disrupt the Services by inundating any of the websites or Apps with communications or other traffic that suggests no serious intent to use the Services for their stated purpose;
  • Knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization;
  • Probe, scan, or test the vulnerability of any of our technical systems or networks;
  • Infringe copyrights, trademarks, patents, or other proprietary rights of others, including Milk Expressed;
  • Attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, or use the username of another user with the intent to deceive;
  • Infringe the privacy rights of others or solicit personally identifying information for the purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Milk Expressed;
  • Transmit chain, junk mail, or spam to others;
  • Engage in harassment, threats, stalking, spamming, or vandalism;
  • Intentionally or knowingly post content that constitutes libel or defamation;
  • Post content that is false or inaccurate with the intent to deceive; or
  • Otherwise use the Services in a manner inconsistent with applicable law.


9. Services Downtime

You acknowledge that access to the Services may from time-to-time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for service or changes to the Services, or otherwise. You agree that any modification of the Services, and any interruption or unavailability of access to the Services will not constitute a default of any obligations of Milk Expressed under these Terms, and Milk Expressed will have no liability of any kind to you for any such modifications, interruptions, unavailability, or failure of access.


10. Warranties and Disclaimers

While we promise to use a commercially reasonable level of skill and care in providing the Services, there are certain promises we don’t make.

Namely, other than as expressly set out in these Terms or a separate service agreement, neither we nor our agents, assigns, or third-party contractors and vendors make any specific promises about the Services, or any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “As Is.”

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties of any kind.


11. Limitation of Liability

You agree to waive, release, and hold Milk Expressed (plus our agents and assigns) harmless from any and all liability or every type except liability arising out of our gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, you agree that we will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of your use of the Services, and that to the extent permitted by law, our total liability for any claims arising under these Terms will be limited to the amount paid for the Services. In any event, all damages will be limited to actual damages that are reasonably foreseeable.

You further agree that Milk Expressed will have no liability for any damages arising out of any failure to fulfill your responsibilities under Section 8 above.


12. Business Use

If the Services are being used on behalf of a business, that business agrees to these Terms, and you warrant that you have the power to bind the business to these terms, including the limitation of liability above.


13. Digital Millennium Copyright Act

Milk Expressed reviews all claims of copyright infringement received and removes any content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “DMCA”) for the receipt of any Notification of Claimed Infringement which may be given under the DMCA pursuant to 17 U.S.C. § 512(c) is as follows:

Catsby Holdings, LLC
Attention: DMCA
136 Fairhaven Rd.
Concord, MA 01742
info@milkexpressed.com

If you believe that your work has been copied in the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.


14. Changes

We reserve the right to change or modify these Terms at any time and any changes will be effective upon being posted unless we advise otherwise. We encourage you to periodically review the Milk Expressed website for the latest Terms.


15. Force Majeure

Milk Expressed will not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by Milk Expressed, including hosting outages, denial of service attacks, domain downtime, payment gateway failure, email system downtime, or third-party service malfunctions; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated Party (each a “Force Majeure Event”). Both you and Milk Expressed will use reasonable efforts to mitigate the effect of a Force Majeure Event.


16. Severability

The invalidity, illegality or unenforceability of any provision of these Terms will in no way affect the validity, legality or enforceability of any other provision.


17. Governing Law

These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles.


18. Dispute Resolution

All disputes arising out of the Services must be submitted to binding arbitration in the Commonwealth of Massachusetts before an arbitrator appointed by the American Arbitration Association in a proceeding pursuant to that organization’s rules and in accord with its code of ethics. The judgment of the arbitrator will be final and not subject to appeal or review by any judicial or administrative process, and may not be vacated. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and that the arbitrator may not consolidate proceedings of more than one person or entity’s claims. In the event of arbitration, the arbitrator will apportion liability for the cost of the arbitrator, other costs, and a reasonable attorney’s fee, in accord with the rules of the American Arbitration Association, this Agreement, and applicable law. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee, for having to compel arbitration or defend or enforce the arbitrator’s award.


19. Indemnification

You agree to fully defend, indemnify, and hold Milk Expressed (or its agents, successors, or assigns) harmless, including payment of all costs of defense, any judgment, fines or penalties, and any attorney’s fees or other costs imposed by a court, agency, or under a settlement agreement, against liability of any kind arising out of your use of the Services or breach of any of these Terms.


20. Successors and Assigns

These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth herein.


21. Waiver

Any waiver of compliance with these Terms must be in writing, and waiver in one instance will not be deemed a waiver in any future instance.


22. Contact

Reach out to us with any questions, concerns, or comments here:

Catsby Holdings, LLC
136 Fairhaven Rd.
Concord, MA 01742
info@milkexpressed.com