This legal notice applies to the entire contents of the website at hudsonmilk.com ("Site") and to any correspondence by email between Hudson Milk and any user. Please read these terms carefully before using the Site. By using the Site, you indicate that you accept these terms. If you do not accept them, please do not use the Site.
1. Introduction
These terms and conditions ("User Terms") apply to all persons who access the Site ("User"). By accessing the Site, each User acknowledges acceptance of these terms. Hudson Milk Company, Inc. ("Hudson Milk") reserves the right to update these User Terms at its sole discretion without prior notification. Any change will take effect 24 hours after posting and will be considered accepted by Users who continue to access the Site thereafter. In the case of any violation of these User Terms, Hudson Milk reserves the right to seek all remedies available by law and in equity.
2. Ownership and Copyright
2.1 All documents, information, and materials ("Information") on the Site are protected by copyright and remain the property of Hudson Milk unless otherwise indicated. No portion of the Information may be reproduced in any form without prior written permission from Hudson Milk. Users are not permitted to modify, distribute, publish, transmit, or create derivative works of any material found on this Site for public or commercial purposes.
2.2 Users may reproduce Information from this Site for personal research or private study only, provided that: (a) no text or related graphics are modified in any way; (b) no graphics are used separately from the corresponding text; and (c) all text and graphics are clearly marked with the following copyright notice: "Copyright © Hudson Milk Co, Inc. (http://www.hudsonmilk.com)"
2.3 Any breach of paragraph 2 will result in automatic termination of the User's permission to use the Site, and the User must immediately destroy any downloaded or printed extracts.
2.4 All rights not expressly granted in these User Terms are reserved.
3. Trademarks
3.1 The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Hudson Milk or third parties. Users may not use these Marks without prior written consent from Hudson Milk or the relevant third party.
3.2 Any use of third-party Marks on the Site does not imply sponsorship or endorsement by Hudson Milk of the products or services to which those Marks relate.
4. No Warranty
Hudson Milk makes no warranty or representation as to the suitability of the information on the Site for any particular purpose. All Site information is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Hudson Milk expressly disclaims liability for any errors, omissions, or inaccuracies in Site content.
5. Forward-Looking Statements
Some information on the Site may contain projections or forward-looking statements regarding future events or financial performance. These statements are predictions only, and actual events or results may differ materially.
6. Third-Party Links
6.1 Links to third-party websites are provided for convenience only. Hudson Milk has not reviewed all linked websites and is not responsible for their content or availability. Accessing any third-party website linked from the Site is done entirely at the User's own risk.
6.2 Users may create links to the Site's home page provided that they: (a) do not alter the appearance of the Hudson Milk logo; (b) do not create a frame or browser border around the Site; (c) do not imply that Hudson Milk endorses any products or services other than its own; (d) do not misrepresent their relationship with Hudson Milk or present false information about Hudson Milk; (e) do not use any Hudson Milk trademarks without express written permission; (f) do not link from a website they do not own; and (g) do not link from a website containing content that is offensive, unlawful, or infringes the rights of any third party.
6.3 Hudson Milk reserves the right to revoke linking permission at any time for breach of these User Terms.
6.4 Each User shall fully indemnify Hudson Milk for any loss or damage arising from a breach of paragraph 6.2.
7. Registration
7.1 Each registration is for a single User only. Users may not share usernames or passwords with any other person.
7.2 Users are responsible for keeping their login credentials secure. Hudson Milk accepts no responsibility for any actions resulting from a User disclosing their password or username to a third party.
8. Limitation of Liability
8.1 Hudson Milk and its officers, directors, shareholders, and agents exclude any liability for any loss or damage -- direct, indirect, punitive, or consequential -- arising from the use of or inability to use the Site or any linked website, including damage caused by viruses that may affect your hardware or software.
8.2 Nothing in these User Terms excludes or limits Hudson Milk's liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law.
9. Service Access
9.1 While Hudson Milk works to ensure the Site is available 24 hours a day, Hudson Milk shall not be liable if the Site is unavailable at any time for any reason.
9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance, or circumstances beyond Hudson Milk's control.
10. User Conduct
10.1 Other than personally identifiable information covered under our Privacy Policy, any material posted to the Site by a User shall be considered non-confidential and non-proprietary. Hudson Milk may use such material for any commercial or non-commercial purpose without obligation to the User.
10.2 Users are prohibited from posting or transmitting any material that: (a) is threatening, defamatory, obscene, offensive, abusive, inflammatory, or otherwise unlawful; (b) has not received all necessary licenses or approvals; (c) encourages conduct that would constitute a criminal offense or civil liability; or (d) is technically harmful, including viruses, logic bombs, or other malicious software.
10.3 No User may misuse the Site, including by hacking or unauthorized access.
10.4 Hudson Milk will cooperate fully with law enforcement authorities or court orders requesting disclosure of the identity of anyone posting material in breach of paragraphs 10.2 or 10.3.
11. Governing Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the laws of the State of New York, and the parties submit to the exclusive jurisdiction of the courts of New York State.
Purchase Terms
1. Introduction
These Purchase Terms apply to any person purchasing or wishing to purchase products available on hudsonmilk.com ("Purchaser"). By using the Site as a Purchaser, you accept these terms. If you do not accept them, please do not use the Site as a Purchaser.
2. Payment
2.1 Products may be ordered via the Site or by telephone.
2.2 Payment for products ordered via the Site or by telephone is made after delivery.
2.3 All prices are exclusive of applicable sales or other taxes, which will be added at the prevailing rate.
2.4 In the event of non-payment, the User will be responsible for all costs incurred by Hudson Milk, including legal fees. Invoices not paid within 30 days of the invoice date will be subject to interest at 10% per annum above the US base rate.
3. Delivery
3.1 Products are delivered via Hudson Milk vehicles on your assigned weekly route day.
3.2 Your delivery day will be confirmed within 2 days of registration.
4. Returns & Refunds
We are unable to accept returns of products once they have been delivered. Because we deal in fresh, perishable goods, all sales are considered final. That said, we understand that issues occasionally arise, and all refund requests will be considered on a case-by-case basis at the discretion of management. We ask that you read all available product information before placing your order, and please don't hesitate to reach out with any questions before you buy. We're always happy to help.
5. Referral Program
5.1 Hudson Milk offers a referral program that allows existing customers to share a unique referral link with friends and family.
5.2 When a referred individual registers for an account using a valid referral link and receives their second delivery, the referring customer will receive a $10 credit applied to their account.
5.3 Credits are subject to manual review and approval by Hudson Milk. Hudson Milk reserves the right to withhold or revoke credits in cases of suspected fraud or abuse of the referral program.
5.4 Referral credits have no cash value and may not be transferred. Hudson Milk reserves the right to modify or discontinue the referral program at any time.
6. Miscellaneous
6.1 Any failure by either party to exercise or enforce any right under these Purchase Terms shall not constitute a waiver of that right.
6.2 These Purchase Terms represent the entire understanding between Hudson Milk and the User regarding their subject matter and supersede all prior agreements or representations, oral or written.
6.3 If any provision of these Purchase Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7. Governing Law
The parties agree that the courts of New York State shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms.
Communications
Special Offers and Updates
New customers will receive a welcome email confirming their login credentials, followed by a detailed overview of how the service works. From time to time, customers may also receive information about products, services, special offers, and our newsletter. We respect your inbox -- you can unsubscribe at any time using the link at the bottom of any email.
Newsletter
Customers who subscribe to our newsletter provide basic contact information such as name and email address. You may opt out at any time via the unsubscribe link in any email, or by contacting us directly at info@hudsonmilk.com with "Opt-Out" in the subject line.
Customer Service
We communicate with customers regularly to provide requested services and to address account-related matters. We will respond by email or phone according to your preference.
Privacy & Data
Website Usage
We use your IP address to help diagnose server issues and administer the Site. We do not link your IP address to any personally identifiable information. We track page visit frequency -- not individual reading behavior -- to help us maintain a useful and informative website.
Platform
Our store is hosted on Smart FDS, which provides our e-commerce platform. Your data is stored on secure servers behind a firewall through Smart FDS's infrastructure.
Payment Security
Credit card data is processed through Authorize.net and encrypted using Payment Card Industry Data Security Standard (PCI-DSS) protocols. Transaction data is stored only as long as necessary to complete your purchase and is deleted thereafter. All payment gateways adhere to PCI-DSS standards as managed by the PCI Security Standards Council.
General Security
We take reasonable precautions and follow industry best practices to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Credit card information is encrypted using SSL technology. While no method of transmission over the internet is 100% secure, we comply fully with PCI-DSS requirements.
Policy Modifications
Hudson Milk may update this Privacy Policy from time to time. Changes will take effect 24 hours after posting. You are responsible for checking this page periodically for updates.
Contact Us
If you have any questions about these terms or our privacy practices, please contact us:
The Hudson Milk Company, Inc. 1000 N Division St, Suite 21 Peekskill, New York 10566 (914) 245-0409 info@hudsonmilk.com