Welcome to Milk2you! This Agreement (the "Agreement") is a legal agreement between you and Milk2you, Inc. ("Milk2you") that states the terms and conditions under which you may receive the Milk2you Service and use the Milk2you Web site (the "Site"). Your use of the Milk2you Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree to the terms and conditions do not use the Site or the Milk2you Service.

1. Milk2you Service. The Milk2you Service is a transaction, information and communication service available to authorized users ("customers") through a personal computer and communications connection using the Milk2you Web site. Milk2you currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

(a) Grocery Shopping and Delivery Service.

(i) Delivery will be made to the delivery address that you specify when you place your first order. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. Alternatively, Milk2you may choose to leave your order unattended if you have designated a suitable location in advance. If you choose to receive your Milk2you order as an unattended delivery, your order will be left unattended at your door or other place you designate. We reserve the right not to leave an order unattended if the Milk2you Delivery Driver considers the designated place to be unsuitable for any reason.

(ii) If you are not satisfied for any reason with an item purchased through the Milk2you service, Milk2you will redeliver your item(s) purchased. Milk2you does not produce, process or alter the products sold in any manner. While Milk2you strives to ensure that its online merchants provide Milk2you customers with the highest quality items, Milk2you is not liable for product quality, product availability, or discrepancies between prices displayed on the Milk2you Service and actual prices. Liability for products, product availability and price discrepancy lies solely with the merchants and vendors that provide them.

2. License and Proprietary Rights.

(a) All Web site design, text, graphics, interfaces, and the selection and arrangement thereof, and all software Copyright © 2001, Milk2you, Inc. ALL RIGHTS RESERVED. Permission is granted to view, electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Milk2you, Inc. for your personal, non-commercial use only. Any other use of materials on this Web site, including the reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written permission of Milk2you is strictly prohibited. Milk2you reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Milk2you.

(b) "Milk2you,"Milk2you.com", all Milk2you logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Milk2you or otherwise proprietary to Milk2you and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing in the Milk2you Service are the property of their respective owners.

(c) Except for public domain material, all material displayed on the Site is copyrighted. You may reproduce copyrighted materials solely for your own personal use provided that you preserve any copyright and other proprietary notices contained in or associated with such information. You may not otherwise copy and may not distribute, publish, commercially exploit or otherwise transfer such material, in whole or in part, without the prior consent of the copyright owner. You acknowledge that Milk2you and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.

3. ID Number and Passwords.

Access to the Milk2you Service is accomplished through the use of a customer identification login and a password, which will be issued to you upon registration. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Milk2you promptly of any unauthorized use of your password and you will remain liable for any use of the Milk2you Service until you notify Milk2you of the unauthorized use of your password.

4. Customer Registration Data; Unauthorized Use.

You agree to provide Milk2you with accurate, complete and updated information as required by registration for the Milk2you Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Milk2you of any change in your Customer Registration Data. You agree to notify Milk2you promptly of any unauthorized use of the Milk2you Service or loss or theft of your credit card or bank account number. You will remain liable for any use of the Milk2you Service until you notify Milk2you of the unauthorized use, loss or theft. Milk2you's secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Milk2you will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Milk2you Service.

5. Fees, Payment and Access Expense.

You are responsible for, and agree to pay promptly, all charges to your account, including purchases by you or anyone you allow to use the Milk2you Service, including your children, other customers of your family or friends. Fees and charges will be assessed in accordance with the then current Milk2you fee schedule, which can be accessed online. Milk2you may charge such amount directly to the credit card identified in your Customer Registration Data and Milk2you may suspend or terminate your access to the Milk2you Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Milk2you may incur in its efforts to collect any unpaid balances from you. Your right to use the Milk2you Service is subject to limits established by Milk2you or by your credit card issuer. If payment cannot be charged to your credit card or a payment is returned to Milk2you for any reason, including chargeback, Milk2you reserves the right to suspend or terminate your access to the Milk2you Service and your customer account. Milk2you reserves the right to establish a credit limit for your account. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Milk2you Service. You should contact your local telephone company if you have a question about whether an access number is a long distance or toll call from your location.

6. Changes in Agreement, Fee Schedule or Milk2you Service.

Milk2you may at any time change any of the terms of this Agreement or the Milk2you fee schedule including changing the amount of, or basis for determining, any fees or charges for the Milk2you Service, and instituting new fees or charges. If Milk2you makes material changes to this Agreement or changes to the Milk2you fee schedule, Milk2you will provide notice to you in a manner provided in this Agreement. Your use of the Milk2you Service after any such change will be conclusively deemed acceptance of such change. Milk2you may also discontinue or revise any or all aspects of the Milk2you Service without prior notice to you. If any change is unacceptable to you, you may cancel your Milk2you service and terminate this Agreement but Milk2you will not refund any remaining portion of the monthly or other periodic fees.

7. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THE MILK2YOU SERVICE, THE SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MILK2YOU SERVICE, THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND MILK2YOU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MILK2YOU SERVICE, THE SITE OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MILK2YOU SERVICE AND MILK2YOU DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MILK2YOU DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION, PRODUCTS OR SERVICES. MILK2YOU DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

The material in the Site is provided for lawful purposes only. Milk2you controls and operates this Site from its headquarters in Omaha, Nebraska, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice. Some software from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

8. Limitation of Liability.

NEITHER MILK2YOU NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS (COLLECTIVELY, "MILK2YOU ASSOCIATES") SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INTERNET. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. WITH RESPECT TO ANY OTHER DISPUTE ARISING FROM OR RELATING TO THE MILK2YOU SERVICE, ANY LIABILITY OF MILK2YOU ASSOCIATES TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT OF DELIVERY FEES PAID BY YOU TO MILK2YOU IN THE SIX (6) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THE MILK2YOU SERVICE OR THE MILK2YOU WEB SITE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE.

IN NO CASE SHALL MILK2YOU BE LIABLE FOR COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ARISING FROM YOUR USE OF THE MILK2YOU SERVICE, THE SITE, THE INTERNET, THE PRODUCTS PURCHASED THROUGH USE OF THE SITE, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH MILK2YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification.

You agree to defend, indemnify and hold Milk2you Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

10. Termination.

Milk2you may suspend or terminate the Milk2you Service at any time for any reason with or without notice to you. You may terminate your Milk2you Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Milk2you Service for any reason, you will not be entitled to a refund of any fees (including any remaining portion of any periodic fees). Milk2you reserves the right to collect fees and charges incurred before you cancel your Milk2you service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

11. Privacy Policy.

Your privacy is very important to Milk2you. Milk2you does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers outside the scope of the Milk2you Service. Milk2you reserves the right to disclose aggregated information regarding its customers and usage of the Milk2you Service (such as customer demographics and traffic patterns) to advertisers, partners and others for various purposes. By assenting to this Customer Agreement, you assent to the Privacy Policy as separately set out on the site, and as it may be amended from time to time.

12. Notices.

Milk2you may give notice to you of a change in this Agreement, a change in the Milk2you Fee Schedule, and any other matter by general posting on the Milk2you web site, or by electronic mail, or by conventional mail to your address contained in the Customer Registration Data, as it may choose. You may give notice to Milk2you by telephone, by electronic mail (as specified in the "Contact Milk2you" section of the Milk2you web site), or by conventional mail to:

MILK2YOU, INC. 6998 SOUTH 108TH STREET LAVISTA, NE 68128

13. Legal and Miscellaneous.

This Agreement represents your entire agreement with Milk2you regarding the use of the Milk2you Service and the Milk2you Web site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and Milk2you. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Nebraska without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Milk2you or relating in any way to your use of the Milk2you Service or Milk2you Web site resides in the courts of Nebraska and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Nebraska in connection with any such dispute, including any claim involving Milk2you Associates. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

The provisions of Sections 7, 8 and 9 of this Agreement are for the benefit of Milk2you Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7, 8 and 9 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Milk2you service.