TERMS OF USE

 

These Terms of Use (this “Agreement”) should be read carefully before using the services offered by Milk Money L3C and those of its subsidiaries and affiliates (collectively, “Milk Money”), or accessing the websites of Milk Money. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.milkmoneyvt.com (the “Site”) and the services owned and operated by Milk Money (collectively with the Site, the “Service”). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you (as defined below) agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by Milk Money from time to time on the Site, each of which is incorporated by reference and each of which may be updated by Milk Money from time to time without notice to you. By your use, you acknowledge that Milk Money is not a registered broker-dealer or investment advisor, and does not engage in any conduct that would require such registration.

Your use of the Site is governed by the version of this Agreement in effect on the date of use. Milk Money may modify this Agreement at any time without prior notice. Your continued use of and access to the Site constitutes your acknowledgement of and agreement to the then current Terms of Use, and that you have reviewed and consent to the most current version of the Terms of Use. Please also note that the terms and conditions of this Agreement are in addition to any other agreements between you and Milk Money, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Milk Money for the Service or otherwise. If you do not agree to all the terms of this Agreement and/or Milk Money’s Privacy Policy, you are not eligible to participate in Milk Money’s Service or otherwise use this Site.

This Agreement applies to all users of the Site or Service, including Accredited Investors, as defined by SEC Regulation D Rule 501 (“Accredited Investors”), non-accredited investors who are Vermont residents and who are over the age of 18, whether or not they actually invest money in any offerings on the Site (“Investors”), and individuals and companies who wish to use Milk Money as a tool for raising money under the Vermont Small Business Offerings Rule, Rule No. S-2015-01 and the related guidance (“VSBO”)(“Entrepreneurs”) and individuals and entities who in any way use the Site or Service provided by Milk Money (together with Entrepreneurs and Investors, in each case, a “User” together, “Users”). Unless we specify, “you” and “your” will apply to all Users of the Site.

Milk Money reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Milk Money does not undertake any obligation or responsibility to update or amend any such information. Milk Money may discontinue or change any product or service described in or offered on the Site at any time. Milk Money further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Milk Money and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

APPLICABLE LAWS

Milk Money allows Entrepreneurs to raise capital and Investors to invest funds in exchange for equity interests in the companies listed on its site. Although there are many different ways to raise capital in exchange for equity, every transaction must comply with federal and state securities laws. Federal securities law requires securities sold in the United States to be registered with the U.S. Securities and Exchange Commission (“SEC”), unless the sale qualifies for an exemption under the securities laws. Milk Money is a portal for companies to raise money under VSBO. VSBO provides for two different types of offerings ideally suited to emerging and or small businesses:

1. The Intrastate Exemption (the “Intrastate Exemption”), available to Vermont-based businesses and Vermont residents ONLY. This exemption to the registration of securities codified at Section 3(a)(11) and of the Securities Act of 1933 (15 U.S.C. § 77c(a)(11)), as amended. The safe harbor to Section 3(a)(11) is available under SEC Rule 147 codified at 17 C.F.R. § 230.147 (“Rule 147”).

2. The Interstate Registration rule (the “Interstate Registration” rule), providing for limited registration under 17 C.F.R. § 230.504 (also known as “Rule 504” of Regulation D).

USER QUALIFICATIONS

You must be at least 18 to use the Site.

Investors. Currently, the Service is only available to Vermont residents, who wish to invest under the Intrastate Exemption. Once we commence listing offerings under the Interstate Registration rule, the Service will be available to both Accredited Investors from any state (if they are investing in an offering under the Interstate Registration rule) and non-Accredited Investors who are Vermont residents. Investors agree that prior to investing they will have sufficient knowledge of the investment and will be capable of evaluating the risks of such investment either alone or with a representative.

OFFERINGS MADE UNDER THE INTRASTATE EXEMPTION ON THE SITE ARE LIMITED TO PERSONS WHO REPRESENT AND CONFIRM THAT THEY ARE RESIDENTS OF THE STATE OF VERMONT. Investors will be required to verify their residency information, and may be required to verify their income eligibility, depending on the type of offering under VSBO and the amount they wish to invest. Investors who are not residents of Vermont will not be able to view or participate in offerings made under the Intrastate Exemption.

Entrepreneurs. Entrepreneurs’ offerings must meet the VSBO rule and federal securities laws in order for them to lawfully use the Site to raise capital. In addition, to raise capital under the Intrastate Exemption, the Entrepreneur’s company must be organized in the State of Vermont, registered with the Vermont Secretary of State and carry out a significant portion of its business in Vermont.

Entrepreneurs may also be referred to as “Issuers”. Under state and federal securities laws, every Issuer is solely responsible for ensuring that all aspects of its securities offering comply with the applicable securities laws, regulations and rules, including without limitation, its use of the Site to offer and sell securities, the determination of whether an Investor is a Vermont resident and whether an Investor is an Accredited Investor and whether any investment complies with the relevant securities laws. In addition, each Entrepreneur is responsible for ensuring that any information it posts on the Site is complete, accurate, and not misleading. All Entrepreneurs utilizing the site agree that they (and not the Site) are responsible for verifying whether a User is qualified to make the investment prior to accepting subscriptions. Entrepreneurs may not rely on the Site’s designation of an Investor as a Vermont resident or an Accredited Investor as sufficient to meet its obligations under VSBO. Investors are strongly encouraged to contact each Entrepreneur directly to discuss any questions regarding a specific offering or business information. Once an offering has commenced, the Entrepreneur agrees that it will not change the terms of the offering.

Users of the Site acknowledge that Milk Money is not liable to and will not verify or investigate the accuracy and completeness of the offering material and other information posted on the Site. Users understand and agree that other parties are relying on the statements made herein and that any willfully false statements are sufficient cause for removal from the Site, rejection of status as an Investor or Entrepreneur, and any other legal causes of action.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Milk Money may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. If you are using the Site on behalf of any entity, such as an employer or a company you work for or control, you represent and warrant that you are have the legal authority to bind that entity to these Terms of Use.

SECURITIES PRODUCTS
Potential investment listings on this Site are suitable for investors who are familiar with and willing to accept the high risk associated with private investments. Securities offered under the VSBO are not publicly traded and, therefore, are less liquid, and minimum holding periods may apply.

IN MAKING AN INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATION OF THE ISSUER AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION OR DIVISION OR OTHER REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS DOCUMENT. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED BY LAW, PURSUANT TO REGISTRATION OR EXEMPTION THEREFROM. INVESTORS SHOULD BE AWARE THAT THEY WILL BE REQUIRED TO BEAR THE FINANCIAL RISKS OF THIS INVESTMENT FOR AN INDEFINITE PERIOD OF TIME.

Investment offerings on Milk Money will target investments for businesses or properties that are situated in the State of Vermont that vary in size, scope, term and return profiles and therefore each individual potential investment may contain more or less inherent risk. Investing in private placements requires high-risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. The value of investments and the income from them can fall as well as rise. Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest. Investment products are not FDIC insured, may lose value, and there is no bank guarantee. None of the information contained in the publicly available portions of the Site constitutes a recommendation, solicitation or offer to buy or sell any securities, options or other financial instruments or other assets, or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular User’s investment requirements or financial situation. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Milk Money is not authorized to provide such information or services. By definition, the products and services described in the Site are not available in all jurisdictions or to all clients.

OUR FEES
Entrepreneurs are charged a flat fee in connection with the administration of each offering. We may charge an administrative fee as part of an investment. If we do this, it will be clear in the offering documents that a portion of an offering will go towards our administrative fees. We will not collect any fees without giving you a chance to review and accept them. If our fees change, we will announce that on the Site.

HOW FUNDING WORKS
As an Investor, under VSBO, any money you invest in an offering will be set aside until the “minimum offering amount” is reached. The minimum offering amount cannot be less than twenty-five percent of the maximum offering amount that is described in the offering document. We may reserve the right to require the minimum offering amount to be up to fifty percent of the maximum offering amount, in our sole discretion. All investor funds must be returned to investors if the Entrepreneur is unable to raise the minimum offering amount during the initial twelve-month period from the effective date of the offering or the minimum offering amount is not otherwise received by the depository by the expiration of said period. An Investor may cancel their investment prior to the minimum offering amount having been reached.

MODIFICATION OF AGREEMENT

PROPRIETARY RIGHTS
All materials, information, and images on the Site, including the copyrighted material, trademarks and other proprietary information of Milk Money, L3C and its licensors (the “Content”) are either the property of, or used with permission by Milk Money. The use of the Content is prohibited unless expressly permitted by these Terms of Use or provided elsewhere on the Site. By providing Content on the site you grant us a worldwide, royalty-free, term limited, restricted, license to use your Content. You and/or your agents or licensors will retain ownership, including but not limited to all intellectual property rights, of any Content provided to Milk Money or posted on the Site by you and/or your licensors. Nothing on this Site should be construed as granting any license or right to use, alter, modify, publish, distribute, publically display or sell the Content in any way without express written permission of Milk Money or other third party owner of the Content. Users

In addition, to the extent you receive information from Milk Money or other Users with respect to any Investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of any other User of the Site. You agree that Milk Money may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Milk Money, its users, or the public. By using and accessing the Site, you agree to keep all information you learn about companies and investment opportunities on the site private and confidential.

COPYRIGHT POLICY
We comply with the Digital Millennium Copyright Act (the “DMCA”). The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. We respond to notices of alleged infringement if they comply with the law and the requirements in this section. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers (We do this when appropriate and at our sole discretion).

Milk Money has adopted a general policy regarding copyright in accordance with the Digital Millennium Copyright Act of 1998, as may be amended. Milk Money removes material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification.

This section explains how to: (i) report an alleged violation if you feel that your copyright is being infringed; (ii) How to submit a counter-notification if your project was the subject of a takedown notice, (iii) learn what a takedown notice is if you’ve invested in a project that was the subject of one. Milk Money has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. Milk Money also may terminate user accounts based on even a single infringement.

How do I report a copyright violation?
If you're not sure whether material on Milk Money infringes on your copyright, please consult with an attorney before filing a DMCA notification. Misrepresenting that material infringes on your copyright may subject you to liability for damages, including costs and attorneys' fees.
If you believe that your copyright is being infringed, you can file a DMCA notification by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Your claim must include the following information (please note that all information must be submitted in English):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a description of the copyrighted work that you claim has been infringed;
• your address, telephone number, and email address;
• 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; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send the required information to our copyright agent at the following address:

Milk Money, L3C
Attn: Copyright Agent
P.O. Box 81
Charlotte, VT 05445

What happens if I receive a DMCA notification about my project?
If Milk Money receives a DMCA notice about your project, our policy is to remove the infringing material or disable access to your project until the dispute is resolved or the DMCA process is complete. You will receive an email from Milk Money attaching the alleged copyright owner's notice and providing instructions for filing a counter-notification. Milk Money will process DMCA notifications and counter-notifications that it receives, but we cannot adjudicate these disputes.

How do I file a counter-notification to dispute the claims?
If you receive a DMCA notification and believe that your work has been removed or disabled by mistake or because of misidentification, you can submit a counter-notification to Milk Money's copyright agent by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Your counter-notification email must contain the following information, which must be submitted in English (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3) for more information):
• a physical or electronic signature of the user of the services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

This information can also be mailed to Milk Money's copyright agent at the following address:

Milk Money, L3C
Attn: Copyright Agent
P.O. Box 81
Charlotte, VT 05445

Under the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

What happens after I submit a counter-notification?
After Milk Money receives your counter-notification, we'll forward it to the copyright owner. If we do not receive a notice within 10 business days after forwarding the counter-notification that the owner has filed an action seeking a court order to prevent further infringement, Milk Money may reinstate the project at issue. Access to your project or to the infringing material will remain disabled after we receive your counter-notification until the dispute is resolved or until 10 business days have passed without notification that the owner has filed an action seeking a court order. During this time, you will still have the option to message your backers, edit your project, or cancel your project.

Will anyone see my DMCA notification or counter-notification?
Milk Money is committed to transparency in disabling access to user’s content. We may publish a copy of each DMCA notification and counter-notification. All personally identifying information will be removed from notifications and counter-notifications before they are published. Additionally, Milk Money reserves the right to forward all materials received to the opposing party in the DMCA dispute.

What happens to my investment if the project I have invested in is subject to a copyright dispute?

If a project you’ve invested in becomes the subject of a copyright dispute and Milk Money removes part or all of the project from public view, you’ll get an email that explains the status and next steps. Any material that becomes subject to a copyright dispute will be removed until the dispute is resolved or the DMCA process is complete. If a project or any of its contents are removed because of a dispute, you'll still be able to manage your investment by going to the project page. If we aren't able to re-post the project within 30 days, we will cancel it, all investment authorizations will expire, Investors will have their funds returned, and the project will be permanently unavailable. If, on the other hand, the dispute is resolved or the DMCA process resolves within 30 days, the project will be restored to public view. We’ll update you by email if any of these steps are taken.

If you’d like to submit a claim of copyright infringement, our designated agent for notice of alleged copyright infringement is:

Milk Money, L3C
Attn: Copyright Agent
PO Box 81
Charlotte, VT 05445
This email address is being protected from spambots. You need JavaScript enabled to view it. 

AUTHORIZED USE
Our Services and certain pages of the Site are available only to Investors and Entrepreneurs who have been authorized by us to access those Services and web pages on the Site. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening and/or identification and residency verification. Only users of Milk Money with a valid User ID and password are authorized to access such services and web pages. Unauthorized use of the Site and our Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Service or interfere with any other party’s use and enjoyment of the Site or Service. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. Milk Money reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at This email address is being protected from spambots. You need JavaScript enabled to view it..

USE OF LINKS
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Milk Money’s control, and you acknowledge that Milk Money is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by Milk Money or any association with its operators. You further acknowledge and agree that Milk Money shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and Privacy Policy of such sites may be different from those applicable to your use of the Milk Money Site and Service.

THIRD PARTY CONTENT
Certain portions of the Site may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). Milk Money does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that Milk Money is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users use such Third Party Content at their own risk.

TERMINATION
Milk Money may terminate your access to all or any part of the Site and Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Terminating your account will not delete the content you have already posted. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER
Milk Money has no special relationship with or fiduciary duty to you. You acknowledge that Milk Money has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Milk Money from all liability for you having acquired or not acquired Content through the Site. Milk Money makes no representations concerning any Content contained in or accessed through the Site, and Milk Money will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

MILK MONEY NEITHER REPRESENTS, WARRANTS, COVENANTS GUARANTEES, NOR PROMISES ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

Milk Money makes no representation or warranty, express or implied, with respect to any third party data provided to Milk Money or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Milk Money will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Milk Money or “force majeure” or any other cause beyond the control of Milk Money.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Electronic Communication Privacy Act Notice (18 U.S.C. §§ 2701-2711): Milk Money makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Milk Money will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Milk Money’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless Milk Money, its affiliates and each of its, and its affiliate’s employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from third party claims related to your use or misuse of, or access to, the Site, Service, Content, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Milk Money reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Milk Money in asserting any available defenses.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MILK MONEY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW; ARBITRATION
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to any principles of conflicts of law.

ACKNOWLEDGMENT OF ARBITRATION.
I UNDERSTAND THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. I UNDERSTAND THAT I WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, I AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR UNDER ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. If parties are unable to select an arbitrator then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against Milk Money only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

REGISTRATION DATA; ACCOUNT SECURITY
Use of the Site is at your own risk. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration Data, and any other information that you provide to Milk Money, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Milk Money.

INTEGRATION AND SEVERABILITY
This Agreement is the entire agreement between you and Milk Money with respect to the Service and use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Milk Money with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

PRIVACY POLICY

WE VALUE YOUR PRIVACY
Milk Money values your privacy, trust, and relationship.
We are required by law and regulatory bodies to ask for certain information in order to perform our services for you, but we are committed to protecting your personal and financial information. This Privacy Policy answers some questions about what information we collect, what we do with it, and how we protect it. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

OUR POLICY
Welcome to the web site www.milkmoneyvt.com (the “Site”), which is owned and operated by Milk Money L3C (“Milk Money, alternatively, “we,” “us,” and/or “our”). This Site has been created to provide information about our company and its services (the “Services”) to our users (“you,” “your”). This Privacy Policy sets forth Milk Money’s policy with respect to information, including personally identifiable data (“Personal Data”), and other information that is collected from Site visitors and users of the Services.

If you have questions or complaints regarding our privacy policy or practices, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

INFORMATION WE COLLECT
When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information such as when you register for access to the Services (for example, contact information such as your name, email address, and mailing address; and when you wish to use certain Services (for example financial information such as bank account numbers, your Date of Birth and last 4 digits of you social security number), or contact us with inquiries or respond to one of our surveys.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Milk Money and the authorized third parties referred to herein located in the United States.

Non-Identifiable or Aggregated Data: When you interact with Milk Money through the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Milk Money may store such information itself or such information may be included in databases owned and maintained by Milk Money affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, Milk Money may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us.

This research may be compiled and analyzed on an aggregate basis. Milk Money may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Milk Money may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.

In operating this Site, we may also use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

The use of cookies by our any of our affiliates or service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our partners use session ID cookies to make it easier for you to navigate our site and use our Services.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION
Milk Money uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. We also may obtain information about you from third party sources to verify your identity so we can properly process your requests and prevent fraud.

Milk Money and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Services. Milk Money and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service we will send you administrative communications that are reasonably necessary to the Service, such as billing or service notifications. If Milk Money intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION
We will share your personal information with third parties only in the ways that are described in this privacy policy. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets and you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Milk Money, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, ID verification, processing applications, shipping and fulfillment, and processing payments and completing transactions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. These companies are authorized to use your personal information only as necessary to provide these services to us.

Legal and Regulatory Requirements: Milk Money may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal or regulatory obligation, (ii) protect and defend the rights or property of Milk Money, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, or (iv) protect against legal liability.

YOUR CHOICES
If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete or request deletion by making the change in your registered account settings page, by emailing our Customer Support at This email address is being protected from spambots. You need JavaScript enabled to view it. or by contacting us at the contact information listed below. We will respond to your request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal and regulatory obligations, resolve disputes, and enforce our agreements.

When you sign up for our Services, we will send periodic emails to you regarding the Services or to tell you about services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

SECURITY
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

EXCLUSIONS
This Privacy Policy does not apply to any Personal Data collected by Milk Money other than Personal Data collected through the Site or Services. This Privacy Policy shall not apply to any unsolicited information you provide to Milk Money through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards, or comment feeds (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Milk Money shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

BLOG
Our Web site may offer a publicly accessible blog. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

TESTIMONIALS
We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name and other information. If you wish to update or delete your testimonial, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

SOCIAL MEDIA FEATURES
You may be able to log in to our site using sign-in services such as Facebook Connect or LinkedIn. These services will authenticate your identity and may provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Our Web site may also include Social Media Features such as the Facebook Like button, Twitter, and Add This button, and/or other widgets (together, “Social Media Features”). These Social Media Features are interactive mini-programs and may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Social Media Features are governed by the privacy policy of the company providing it.

CHILDREN
Milk Money does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, you are not using this website lawfully, and should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Milk Money through this Site, please contact us, and we will endeavor to delete that information from our databases.

LINKS TO OTHER WEB SITES
This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by Milk Money (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Milk Money endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

OTHER TERMS AND CONDITIONS
Your access to and use of this Site is subject to the Terms of Service.

CHANGES TO MILK MONEY’S PRIVACY POLICY
We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

CONTACTING MILK MONEY
Please feel free to contact us if you have any questions about Milk Money’s Privacy Policy or the information practices of this Site at This email address is being protected from spambots. You need JavaScript enabled to view it..

These Terms of Use including our Privacy Policy are effective as of May 16, 2016.