Welcome to the USFoodsCulinaryEquipmentandSupplies.com website! We hope you enjoy your visit. Please read the following Terms of Use carefully. They govern your use of this website and its content. By using this website, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this website. Thank you!
Agreement. US Foods Culinary Equipment & Supplies™, a division of US Foods™("USFCES"), welcomes you to the USFoodsCulinaryEquipmentandSupplies.com website ("USFoodsCulinaryEquipmentandSupplies.com" or the "Site"), which term includes all information accessible over the World Wide Web at the domain address www.USFoodsCulinaryEquipmentandSupplies.com. Please read these Terms of Use (the "Terms") carefully before using the Site. Accessing, browsing or using the Site is a privilege subject to the Terms and indicates your agreement and acceptance of the Terms. By using the Site you are agreeing to be bound by the Terms (this "Agreement"). The Site is provided for the sole use of USFCES's prospective and existing customers and is offered to you conditioned on your acceptance without modification of this Agreement. Use of the Site, by viewing its contents and/or completing the USFoodsCulinaryEquipmentandSupplies.com account registration process and/or placing any order via the Site, constitutes your acceptance of this Agreement. constitutes your acceptance of this Agreement. If you do not accept the Terms, do not use the Site. USFCES reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. Such changes are effective immediately upon posting on the Site, and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. USFCES reserves the right to revoke any or all access and use authorizations granted to you in regards to the Site.
USFoodsCulinaryEquipmentandSupplies.com Account. By completing the USFoodsCulinaryEquipmentandSupplies.com registration process, you represent and warrant that you and anyone to whom you give access to your USFoodsCulinaryEquipmentandSupplies.com account are at least 18 years old. Upon acceptance of your account registration, USFCES will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by USFCES and the password provided to you or that you select for your account. USFCES reserves the right to add additional security measure related to passwords. You are responsible for any and all activities that occur on your USFoodsCulinaryEquipmentandSupplies.com account, including applicable taxes, either by you or anyone you allow to use your account. You agree to notify USFCES immediately of any unauthorized use of your account or any other breach of security of which you become aware. You agree that the use of your USFoodsCulinaryEquipmentandSupplies.com user ID and password shall constitute your electronic signature and be considered the equivalent of your manual written signature. All telephone, Internet access and other charges incurred connecting to the Site are your responsibility. Your user ID and password are confidential, and may only be used by authorized users, which may not include employees of USFCES. USFCES reserves the right to change its prices, fees, or billing methods at any time, unless USFCES has agreed otherwise in writing. Your USFoodsCulinaryEquipmentandSupplies.com account may be terminated if you or anyone else uses it in violation of this Agreement or any USFCES usage policies that may be posted on the Site, which policies are hereby made part of this Agreement. USFCES may de-activate accounts that are inactive and reject any application for a USFoodsCulinaryEquipmentandSupplies.com or any other USFCES account for any reason.
No Unlawful or Prohibited Uses. Please feel free to browse the Site; however, your access and use of the Site is subject to the Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any USFCES server, or interfere with any other person's use and enjoyment of the Site, other computer systems or networks connected to any USFCES server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to use or access the Site using any e-mail address other than your own, and you will not (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any company or other person or entity; (b) access any information on the Site, including, but not limited to, text, graphics or other content on the Site; (c) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, or of any computer software or hardware or telecommunications equipment; and (d) intentionally or unintentionally violate any applicable local, state, federal or international laws or regulations. Your rights to use the Site may be further limited by federal law or the laws or regulations in your particular state or locality. USFCES may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site. Access to the Site may be denied or limited by USFCES, or be unavailable, interrupted and/or discontinued from time to time due to system difficulties or otherwise, or at USFCES's discretion, and USFCES shall have no liability for such occurrences. Users experiencing access problems may contact the USFoodsCulinaryEquipmentandSupplies.com Support Center at 1-866-636-2338. At this time, the Site is not available for the purchase of goods or services outside the 48 continental United States. Inquiries on delivery of services outside the United States may be directed through e-mail addressed to comments@USFoods.com.
Purchases through USFoodsCulinaryEquipmentandSupplies.com. You agree that any order to purchase products and/or services from USFCES placed using the Site constitutes a binding offer to purchase which USFCES may accept or reject. USFCES will provide you with an electronic notice confirming receipt of your order. USFCES's acceptance of an order will be indicated by the order invoice. USFCES reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer and may require verification of information prior to the acceptance of any order.
Payment for Orders.
Payment in full on all purchases made via the Site must be done with the use of credit card. Any amounts due which remain unpaid shall incur a late charge of 1.5% or the highest amount allowed by law.
Should collection activities be undertaken by USFCES to collect amounts owed by you on a delinquent account, you will be responsible for all fees and costs associated with such collection activities, including, but not limited to, reasonable attorney fees, court costs, and as liquidated damages, the amount charged by a collection agency for its collection services in an amount not to exceed fifty percent (50%) of the delinquent account balance.
Termination and Cancellation. This Agreement will continue to be effective until you or USFCES terminate it. All obligations hereunder which apply subsequent to a termination of the Agreement shall survive such termination. You may terminate this Agreement at any time by destroying any and all materials you obtained from this Site, and by ceasing to use the Site in any way. USFCES may terminate this Agreement immediately and without notice if USFCES, in its sole discretion, decides that you have failed to comply with any term or condition of this Agreement or if USFCES decides to modify the terms and conditions governing future use of the Site. You understand and agree that your right to unsubscribe your e-mail address is your sole right and remedy, unless otherwise agreed by USFCES in writing, with respect to any dispute with USFCES, including, but not limited to, any dispute related to, or arising out of: (a) any term of this Agreement or USFCES's enforcement or application of this Agreement; (b) any policy or practice of USFCES, or USFCES's enforcement or application of the Terms; (c) the content and/or information provided by or made available through USFCES or any change thereof; (d) your ability or inability to access and/or use the Site, or (e) the amount or type of fees, charges, applicable taxes, billing methods, or any change thereof.
Ownership, Trademark and Copyright. You agree and acknowledge that USFCES is the owner or licensee of all rights in and to the Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. The Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on the Site may violate such laws. No links may be established to any part of the Site and no information on the Site may be framed without our prior written approval. The trademarks, logos and service marks used and displayed on this Site (collectively, the "Marks"), are registered and unregistered trademarks of, and owned by, USFCES. Under no circumstances may you use any of the Marks displayed on the Site, or any other content on the Site, except as provided in the Terms. Any other use is strictly prohibited and USFCES will take all necessary action to enforce its rights. USFCES owns and/or has registered the following trademarks and service marks: Next Day Gourmet and USFCES. This list is not exhaustive, and USFCES may own other marks that are not included here. Other product and company names mentioned on USFoodsCulinaryEquipmentandSupplies.com may be the trademarks or service marks of third parties and, if so, USFCES makes no claim with respect thereto. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the written permission of the trademark owner. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in the Terms. If you modify or use the Marks for any other purpose than as discussed herein you will be violating the intellectual property rights of USFCES, which it vigorously protects.
Use of Information.
Submissions. With the exception of your proprietary information, any information, including but not limited to, address and other contact information, remarks, suggestions, ideas, graphics or other submissions, communicated to USFCES through the Site or otherwise shall become the exclusive property of USFCES when received by USFCES, which shall own all present and future rights therein, and may use any information submitted for any legal purpose without restriction or compensation to the person providing such information. USFCES will not be required to treat any such information or materials as confidential.
Information Collected and Use. It is USFCES's policy not to disclose or sell personal information about users of the Site (such as name, address or e-mail address) to third parties; however, USFCES may disclose aggregate information regarding its users, including, but not limited to, information regarding their usage of the Site, to third parties. Further, USFCES may disclose personal information regarding its users if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on USFCES or the Site; (b) protect or defend the rights or property of USFCES, the Site, or the users of the Site, and/or (c) protect the personal safety of users of the Site or the public under exigent circumstances.
Security. USFCES will take commercially reasonable steps to protect and secure any user-specific information sent via USFoodsCulinaryEquipmentandSupplies.com from loss, misuse, and alteration. The Site uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is one of the leading industry standards for secure online transactions. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.
Opting Out / Unsubscribing. If you do not wish to receive e-mail advertisements from the Site, email us, or call 1-866-636-2338, and provide each email address you wish to unsubscribe.
Third Party Content and Linked Sites. The Site may contain links to other sites created and maintained by other organizations that may or may not be related to USFCES. These links are provided for your convenience and are for reference only, and you agree that the links do not imply that USFCES is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of USFCES. USFCES makes no representation about any other site that you may access through the Site and is not responsible for the contents of any other site. Unless expressly stated, USFCES does not endorse any products or services offered by any company or person linked to the Site. You do not have permission to link to the Site unless you comply with the USFCES Linking Policy and we reserve the right to remove or block any link to the Site which does not comply with the USFCES Linking Policy. .
Promotions. . USFCES may make information regarding specific programs, offers, contests or promotions which USFCES is conducting ("Programs") available on the Site. Any such Program is also subject to the specific terms, conditions and restrictions listed on the Site in connection with the Program. USFCES reserves the right to alter or withdraw any Program at any time without notice. Each Program is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Site in connection with each Program. As part of such Programs or otherwise, USFCES may make available certain software, equipment and/or services, and/or Internet access services, either directly or through third parties. You agree that USFCES shall have no responsibility or liability for any such software, equipment or services, including, but not limited to, any obligation to upgrade, replace or enhance same, and that any warranties applicable thereto may be made by the respective vendor or manufacturer thereof, and not by USFCES.
Disclaimer of Warranties and Limitations of Liability. Your use and browsing of the Site is solely at your own risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, NEXT DAY GOURMET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). NEXT DAY GOURMET (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. NEXT DAY GOURMET (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THE SITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THE SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL U.S. FOODSERVICE, ITS PARENT, SUBSIDIARIES OR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OR INJURY, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NEXT DAY GOURMET HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. YOU MAY BRING NO CLAIM AGAINST NEXT DAY GOURMET MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF NEXT DAY GOURMET IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW THEREUNDER.
Indemnification. By accessing and using the Site, you agree to indemnify, defend and hold harmless USFCES, its parent, subsidiaries and affiliates, and their respective directors, officers, employees, agents, contractors, counsel, successors and assigns, from any and all liabilities, claims, losses, costs or expenses, including attorney fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, including the illegal or improper use by someone to whom you have given permission to use your account, your connection to the Site or your violation of the Terms or any local, state, federal or international laws or regulations. USFCES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Governing Law. You agree that any claim relating to the Site content shall be governed by the internal substantive laws of the State of Delaware without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction, including personal jurisdiction, and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Site and this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and USFCES as a result of this Agreement or use of the Site. USFCES's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of USFCES's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by USFCES with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of this Agreement if the failure arises out of any cause beyond the reasonable control of that party. No cause of action arising out of the use of the Site or this Agreement may be instituted by you more than one (1) year after the cause of action first accrues.
Waiver. Any failure by USFCES to enforce any of its rights under the Terms or under applicable law shall not constitute a waiver of such rights.
Confidentiality. You shall not disclose to a third party any USFCES Information without USFCES's prior written consent, except as necessary to perform your contractual obligations to USFCES or unless required by law or other governmental or regulatory order. In such event, you will notify USFCES of the same with sufficient time for USFCES to challenge the validity of the order. You may use the USFCES Information and the Site only in strict accordance with the terms of this Agreement. You agree that the USFCES Information is valuable and proprietary information of USFCES and that the disclosure of the same to you does not confer any rights over those expressly stated in this Agreement. You agree to inform your employees, consultants and other agents performing services that require the use of USFCES Information or the Site of the confidentiality obligations stated herein and further agree that any of your employees, consultants or other agents who may, for any reason, have access to the USFCES Information and/or the Site will agree to the terms of this Agreement. Upon completion of services that require use of the USFCES Information and/or access to the Site, you shall return to USFCES (or, at USFCES's option destroy) all copies of USFCES Information and all notes or memoranda or other stored information prepared by you, your company or your company's employees, consultants or agents and certify the same to USFCES. You agree that upon any violation by you, your company or any employees, consultants or agents of your company of the terms and conditions of this Agreement, USFCES shall be entitled to seek an injunction or other equitable relief, in addition to any other remedies that may be available to USFCES. USFCES shall not be required to post a bond or other security in connection with any such request for injunctive or other equitable relief.
Modifications of this Agreement. USFCES reserves the right to modify this Agreement and any terms, conditions, policies and notices under which USFoodsCulinaryEquipmentandSupplies.com is offered at any time effective upon the posting of such modifications on the Site. You are responsible for reviewing information posted on the Site regularly to obtain timely notice of such changes. If you do not agree to any such modifications proposed by USFCES, or to any of the terms and conditions of this Agreement, your sole remedy is to cancel your USFoodsCulinaryEquipmentandSupplies.com account. Continued use of the Site or non-termination of your account after changes are posted constitutes your acceptance of this Agreement as modified.
Entire Agreement. This Agreement, together with the Privacy Policy available by clicking on the "Privacy Policy" hypertext link located at the bottom of the Site, constitutes the entire agreement between you and USFCES with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and USFCES with respect to the Site, except for any written purchase agreement or credit agreement with USFCES, in which case, this Agreement shall supplement such agreements and the purchase agreement or credit agreement shall govern in the event of any inconsistency. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved by USFCES.
These Terms of Use were posted January 16, 2012. Please review these pages periodically by clicking on the "Terms of Use" hypertext link located at the bottom of USFoodsCulinaryEquipmentandSupplies.com website as we will occasionally update these Terms of Use.
