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TERMS OF SERVICE

Foodservice.com, a Food Service Interactive community.


Welcome to a Foodservice.com, a foodservice community created and managed by Food Service Interactive LLC. Before taking advantage of the many useful services offered here, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using this Web site, you agree to be bound by these Terms of Service. In addition to these Terms of Service, you agree to the collection and use of your personal information as provided in our Privacy Policy. We reserve the right to update or change these Terms of Service at any time and for any reason. By continuing to use the services offered at Foodservice.com, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this document. THIS AGREEMENT INCLUDES:

  1. Privacy
  2. Modifications
  3. Monitoring
  4. Disclaimers
  5. Limitation of Liability
  6. Use of Content
  7. User Submissions
  8. Product and Service Listings
  9. Links to Other Web Sites
  10. General Legal Provisions


  1. PRIVACY

    We respect your privacy. The information you submit is subject to our Privacy Policy, and you grant Foodservice.com and all other persons or entities involved in the operation of the Web site the right to transmit, monitor, retrieve, store, and use your personal information, as provided for in that policy. We encourage you to print and review this policy to assist you in making an informed decision regarding the type of information you would like to submit to us. Foodservice.com cannot and does not assume any responsibility or liability for any information you submit or for your or third parties' use or misuse of information transmitted or received using this Web site.


  2. MODIFICATIONS

    We may discontinue, add to, modify, upgrade or replace all aspects of the Web site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Web site.


  3. MONITORING

    Foodservice.com has no obligation to monitor the services offered in this Web site or any use thereof or to retain the content of any User session. However, as stated in our Privacy Policy, Foodservice.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.


  4. DISCLAIMERS

    YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO THE AVAILABILITY OF THE PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATIONS OR ENDORSEMENTS OF ANY PRODUCTS OR SERVICES ON THE WEB SITE.

    IN NO EVENT IS Foodservice.com LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. Foodservice.com IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE WEB SITE OR ASSOCIATED SERVICES.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


  5. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Foodservice.com BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; AND (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES. THE ABOVE LIMITATION DOES NOT APPLY TO YOU IF YOU ARE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.


  6. USE OF CONTENT

    You acknowledge that the Foodservice.com Web site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other content that are protected by copyrights, trademarks, or other proprietary rights (the "Content"), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Foodservice.com owns or has a valid license to use Content on the Web site. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

    If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

    If you believe that any of the Content of this Web Site infringes a copyright, trademark, patent or other right of another party, please use our contact form at www.foodservice.com/contact.cfm or call us direct at 602-381-3663.


  7. USER SUBMISSIONS

    You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted--Foodservice.com a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Foodservice.com may sublicense its rights through multiple tiers of sublicenses.


  8. PRODUCT AND SERVICE LISTINGS

    Foodservice.com is a Venue. Foodservice.com acts as a venue to allow anyone to offer, sell, and buy products and services in foodservice, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

    Because we are a venue, in the event that you have a dispute with one or more users, you release Foodservice.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

    Fraud. Without limiting any other remedies, Foodservice.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.



  9. LINKS TO OTHER WEB SITES

    The services contain links to web sites operated by other parties. We do not, either expressly or by implication, endorse the Content on such web sites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such web sites nor do we review the content on those web sites; therefore, we are not responsible or liable for any content, advertising, products or other materials on or available from such web sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.


  10. GENERAL LEGAL PROVISIONS

    International Laws: Foodservice.com is based in Alpharetta, Georgia, in the United States of America. Foodservice.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Foodservice.com Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Foodservice.com, or in any way relating to your use of the Foodservice.com Web site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Foodservice.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.

    Entire Agreement: Except as expressly provided in a particular "legal notice" on the Foodservice.com Web site, these Terms of Service constitute the entire agreement between you and Foodservice.com with respect to the use of the Foodservice.com Web site and Content. Your use of the Foodservice.com Web site is also subject to the Foodservice.com Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

    Termination: Foodservice.com may terminate these Terms of Service without cause at any time and effective immediately. In addition, Foodservice.com, in its sole discretion may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of your account and/or the Web site. In the event of any termination of these Terms of Service, the restrictions on your use of the Content (as set forth in Paragraph 8 ("User Submissions") shall survive such termination, and you agree to be bound by those terms.

    Indemnity: You agree to defend, indemnify, and hold Foodservice.com and Food Service Interactive LLC, its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.

    Non-waiver: Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

    Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

    Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web site to either a foreign national or a foreign destination in violation of such laws.


Thank you for your cooperation. We hope you find Foodservice.com, helpful and convenient to use! If you have any questions or concerns about how your personal information will be treated as you make use of this Web site, please take a moment to read our Privacy Policy. Questions or comments regarding this Web site should be directed throgh our contact form at www.foodservice.com/contact.cfm or by telephone to (602) 381-3663.


Last Updated: May 27th, 2016
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