U.S. Foodservice Website

U.S. FOODSERVICE ®
TERMS OF USE

Welcome! Please read these terms and conditions of use ("Terms") carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the U.S. Foodservice website you are agreeing to be bound by these Terms. If you do not accept these Terms, do not use this website.

U.S. Foodservice 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 these web pages. Such changes are effective immediately upon posting on this website 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. U.S. Foodservice reserves the right to revoke any or all access and use authorizations granted to you in regards to this website.

SERVICES

This website is owned and operated by U.S. Foodservice and its affiliates (referred to herein as "U.S. Foodservice," "we," "us," or "our"). The information contained on this website, including all web page documents, audio and video files, all data and all content (the "Site" or "Website") is provided for your use conditional upon your acceptance without modification of the Terms. U.S. Foodservice provides you with access to a variety of resources, including but not limited to product and service information and product and service purchasing (collectively "Services").

USE LIMITATION

You may download material from the Site only for your own personal, non-commercial use. While we encourage you to download and print information to help understand our Services and shop, unless otherwise specified, no material on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create woks from or used in any other way, except with prior written permission of U.S. Foodservice and with express attribution to U.S. Foodservice. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, "mirror" any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 14 years of age and that if you are younger than 14 you will not use this Site.

NO UNLAWFUL OR PROHIBITED USE

Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any U.S. Foodservice's server, or interfere with any other person's use and enjoyment of the Site, other accounts, computer systems or networks connected to any U.S. Foodservice's 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 this Site. Your rights to use this Site may be further limited by international law, federal law or the laws or regulations in your particular county, state or locality. U.S. Foodservice may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site, although U.S. Foodservice is under no obligation to do so.

OWNERSHIP, TRADEMARK AND COPYRIGHT

You agree and acknowledge that U.S. Foodservice is the owner or licensee of all rights in this 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. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.
The trademarks, logos and service marks used and displayed on this Site (the “Marks”), are registered and unregistered trademarks of, and owned by, U.S. Foodservice. Under no circumstances may you use any of the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms. Any other use is strictly prohibited and U.S. Foodservice will take all necessary action to enforce its rights. Nothing on this 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 this Site is copyrighted and may not be used except as provided in these Terms. If you make any permitted copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose you will be violating the intellectual property rights of U.S. Foodservice, which it vigorously protects.
U.S. Foodservice respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide U.S. Foodservice with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information - name address, telephone number and email address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to:

U.S. Foodservice
Attn:Christina.Koliopoulos@usfood.com

DURATION OF THIS AGREEMENT

This Agreement will continue to be effective until you or we terminate it. 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. We may terminate this Agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this Agreement or if we decide to modify the terms and conditions governing future use of the Site.

INFORMATION PROVIDED TO U.S. FOODSERVICE BY YOU

The Site provides you an opportunity to communicate with us. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, please be aware that any communication, whether it be a suggestion, idea, graphic or other material, to U.S. Foodservice through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit or post becomes the property of U.S. Foodservice and U.S. Foodservice is free to disseminate or use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
Any contact or communication which you may make with us or our employees via this Site must be for U.S. Foodservice business-related purposes and all such communications are property of U.S. Foodservice, and subject to review and monitoring by us. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws. You understand that information transmitted over public networks may be accessed by third parties and U.S. Foodservice will not be liable for any such unauthorized disclosure. U.S. Foodservice will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

U.S. Foodservice and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when U.S. Foodservice's products or marketing strategies might seem similar to ideas submitted to U.S. Foodservice. So please do not send your unsolicited ideas to U.S. Foodservice or anyone at U.S. Foodservice. If, despite our request that you not send us your ideas and materials, you still send them, please understand that U.S. Foodservice makes no assurances that your ideas and materials will be treated as confidential or proprietary.

THIRD PARTY CONTENT AND LINKED SITES

This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to U.S. Foodservice. These links are provided for your convenience and are for reference only and you agree that the links do not imply that U.S. Foodservice is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of, U.S. Foodservice. U.S. Foodservice makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, U.S. Foodservice does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Site without first obtaining our written permission.

MEMBER ACCOUNT, PASSWORD AND SECURITY

Ordering products and services on this Site requires you to open an account, which requires that you provide us with current, complete and accurate information as prompted. You must choose a password. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify U.S. Foodservice immediately of any unauthorized use of your account or any other breach of security of which you become aware. U.S. Foodservice will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by U.S. Foodservice or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Your use and browsing of this 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.
THIS 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, U.S. FOODSERVICE 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). U.S. FOODSERVICE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT 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. U.S. FOODSERVICE (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 THIS WEBSITE, 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 THIS 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 EACH OF THE FOREGOING 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 THIS SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, 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 U.S. FOODSERVICE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF U.S. FOODSERVICE TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU MAY BRING NO CLAIM AGAINST U.S. FOODSERVICE 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 U.S. FOODSERVICE IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.

INTERNATIONAL USERS

Materials published at this Site may refer to products, programs or services that are not available in your country. U.S. Foodservice makes no representation that the contents of the Site are appropriate or available for use at locations outside of the United States, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Site or export any contents of the Site in violation of U.S. export laws and regulations. By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.

JURISDICTION AND GOVERNING LAW

U.S. Foodservice operates and controls this Site (excluding linked sites) from its offices within the state of Illinois, United States of America. You agree that the statutes and laws of Illinois will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts of Illinois with respect to such matters. U.S. Foodservice makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

WAIVER

Any failure by U.S. Foodservice to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and U.S. Foodservice relating to your use of the Site.

Welcome! U.S. Foodservice, Inc. ("U.S. Foodservice") recognizes the importance of customer privacy and the need to protect information that users of our website ("Site") provide to us. This privacy policy ("Privacy Policy") explains our data collection practices and use for our online operations. Please read our complete Privacy Policy. Please review this page periodically, as we will occasionally update this Privacy Policy. We want you to be fully aware and confident of how your information is used on our Site because we appreciate the trust you have placed in us. By using our Site, you consent to the collection and use of your information by U.S. Foodservice as stated below. This Privacy Policy is part of, and governed by, the U.S. Foodservice’s Terms of Use (which are available at this link). If you do not agree to the terms of our Privacy Policy or the Terms of Use, please do not use this website.

WHAT INFORMATION DO WE COLLECT?

U.S. Foodservice may collect such personal information as your name, address, date of birth, phone number, email address and credit card information.

The U.S. Foodservice Site contains links to other sites. U.S. Foodservice does not endorse, approve, certify, or control these other web sites, and we do not guarantee the accuracy, completeness, efficacy, or timeliness of the information contained on these sites. U.S. Foodservice is not responsible for the privacy practices or content of such web sites. Any information you provide to one of these other web sites will be governed by the privacy policy of that web site. We therefore strongly recommend that you refer to each web site’s privacy policy before giving out any personal information on their site.

WHY DO WE COLLECT IT?

U.S. Foodservice may collect and store certain personal information from you when you access the Site. In addition, our Site may offer other opportunities for you to provide personal information that we may use to share or send special promotions, to thank you for your business, to send catalogs, email notifications, and other product information and services and to notify you of important changes to the Site. If you would rather not receive this information, e-mail us with an unsubscribe message in the subject line.

HOW DO WE COLLECT INFORMATION?

U.S. Foodservice, like most companies, uses "cookie" technology on our Site to track user trends and patterns to better understand our user base and improve the quality of our services. "Cookies" are pieces of information that a website sends to your computer while you are viewing the website, which may then be stored on your hard drive so we can recognize you when you return to our Site. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Be aware, however, that some parts of the U.S. Foodservice Site may not function properly if you refuse cookies. In order to make purchases on our Site, please adjust your computer settings to accept "cookies." Computer "cookies" are safe, secure, and the best way for us to offer you the most enjoyable, seamless online shopping experience.

Like many standard website servers, we use log files. This includes Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track users' movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses etc. are tied to personally identifiable information to enable our web-based services.

HOW DOES U.S. FOODSERVICE PROTECT YOUR INFORMATION?

Personal information submitted by you to our Site, or collected by U.S. Foodservice as a result of your visit to our Site, may be used for internal purposes. We also use Lifeware TEK, a service provider, to help us gather and analyze information about our customers. The information we provide to them may include your name, mailing address, or email address. If you prefer that we not share this information, please e-mail us.

U.S. Foodservice will disclose your personal information, without notice, 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 U.S. Foodservice; (b) protect and defend the rights or property of U.S. Foodservice; or (c) act in urgent circumstances to protect the personal safety of users of this Site or the public.

By using our site, you consent to the collection and use of your information as stated above. Please review this page periodically for updates on our Privacy Policy. This Privacy Policy was posted on April 26, 2010. We want you to be fully aware and confident of how your information is used on our site because we appreciate the trust you have placed in us.