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Legal Policy

Terms and Conditions

 

1. Acceptance of Terms of Use. Myfoodservice.com LLC. ("myfoodservice.com") provides you with access to, and use of, the Site subject to all applicable laws and regulations and this Legal Policy. By accessing and using the Site you accept each of the Terms and Conditions of this Legal Policy without limitation. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site. This Legal Policy supercedes any other agreements you may have with myfoodservice.com regarding this subject matter.

 

2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, images and other materials or elements (collectively the "Content") are owned and copyrighted by myfoodservice.com, with all rights reserved. You should assume that the Content is copyrighted and owned by myfoodservice.com unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of myfoodservice.com.

 

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of myfoodservice.com or its participating companies unless otherwise stated herein. Myfoodservice.com and its participating companies expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.

 

In its sole discretion, myfoodservice.com or its participating companies may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

 

3. User Conduct. Myfoodservice.com maintains the Site for your personal education, information, entertainment, and communication only and grants you permission to use the Site and to download Content, but only for your personal, foodservice business use; provided, however, that you do not publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of myfoodservice.com.

 

Additionally, you agree to not to engage in any of the following activities on the Site:

  • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
  • Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
  • Impersonate another user, person or entity, including any official or employee of myfoodservice.com;
  • Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
  • Use the Site to advertise or perform any commercial solicitation.

 

4. Privacy. Your use of the Site is also subject to the myfoodservice.com Privacy Policy. Myfoodservice.com hereby incorporates the entirety of that Privacy Policy into this Legal Policy.

 

5. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of myfoodservice.com. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by myfoodservice.com of any products, services, advice or information available from such sites. Myfoodservice.com does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release myfoodservice.com and its, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of myfoodservice.com. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in a myfoodservice.com Site or have moved to another third-party site.

 

6. EXCLUSION OF LIABILITY. NEITHER MYFOODSERVICE.COM NOR ANY OF OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE MYFOODSERVICE.COM SITE. THE USE OF MYFOODSERVICE.COM IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY MYFOODSERVICE.COM SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. MYFOODSERVICE.COM DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THE MYFOODSERVICE.COM SITE.

 

MYFOODSERVICE.COM IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MYFOODSERVICE.COM IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

 

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. MYFOODSERVICE.COM’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

 

7. DISCLAIMER. THE CONTENT OF THE MYFOODSERVICE.COM SITE IS PROVIDED "AS IS" AND MYFOODSERVICE.COM DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

  • THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
  • THE CONTENT IS ERROR-FREE AND ACCURATE;
  • THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
  • DEFECTS WILL BE CORRECTED;
  • THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
  • THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
  • THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

 

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.