1. SITE ACCESS AND USE.
Use of this website (the “Site”) and access to and use of Content, Downloadable Content, and Downloadable Software (all defined below) is subject to these Terms and Conditions and any additional use policies and conditions Performance Food Group, Inc. and its successors and assigns (“PFG”) may adopt. PFG may suspend or terminate access to the Site at any time. PFG may also change the Site, Software and Content at any time.
By accessing our Site, you represent that you are at least 18 years old. Our Site may allow you to register an account and, if so, then PFG may provide you with a limited, revocable, non-exclusive license to create and use a user ID and password. PFG reserves the right to add additional security measures related to passwords. You are responsible for activities that occur on your account, and you agree not to allow anyone else to use your account. You agree to notify PFG immediately of any unauthorized use of your account or any other breach of security of which you become aware. Your user ID and password are confidential, and may only be used by you and, if you are a customer or supplier administrator, only by your authorized users. If you are a customer administrator or you manage other users access to the Site for your organization, then you agree that you will deactivate and remove users that no longer need access to the Site, or whose access rights to the Site have been revoked. Your account may be terminated if you or anyone else in your organization uses an account in violation of this Agreement or any PFG policies that may be posted on the Site, which policies are hereby made part of this Agreement.
2. RESTRICTIONS AND LIMITATIONS.
All information and content made available through the Site, including, but not limited to, information, text, artwork, graphics, trademarks, logotypes, data and data compilations (“Content”), is the property of PFG or others. United States and international trademark, copyright and other intellectual property right laws protect the Content.
Viewing and printing Content made available through the Site is permitted. Except as provided in this Section 2, and in Sections 3 and 4 of these Terms and Conditions, no license to any Content is granted to you and all other use, copying, reproduction, distribution, adaptation, modification or communication of Content made available through the Site is prohibited. Linking to or framing of the Site or any Content made available through the Site is also prohibited.
3. LICENSE FOR DOWNLOADABLE CONTENT.
PFG makes some Content (“Downloadable Content”) available for download from the Site. PFG hereby grants to you a single, personal and nonexclusive license to use Downloadable Content to the limited extent necessary for the installation and use of the specific PFG product that you own and to which it relates, and to copy Downloadable Content as necessary for those purposes. Except as provided in this Section 3 and in Section 2 of these Terms and Conditions, no license to any Downloadable Content is granted to you. All updates, modifications and enhancements to Downloadable Content that are made available to you will be deemed part of that Downloadable Content, and will be governed by these Terms and Conditions.
4. LICENSE FOR DOWNLOADABLE SOFTWARE.
PFG makes some Software (“Downloadable Software”) available for download from the Site. PFG hereby grants to you a single, personal and nonexclusive license to use Downloadable Software to the limited extent necessary for the installation and use of the specific PFG product that you own and to which it relates, and to copy Downloadable Software as necessary for those purposes. No license to use the Downloadable Software in source code form is granted. Except as provided in this Section 4, no license to any Downloadable Software is granted to you. You must not modify, clone, disassemble, decompile, decrypt or otherwise reverse engineer any Downloadable Software. All updates, modifications and enhancements to Downloadable Software, that are made available to you, will be deemed part of that Downloadable Software and will be governed by these Terms and Conditions.
As a convenience, PFG may provide links to websites operated by other entities. If you access these websites, you will leave the Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PFG makes no warranty or representation regarding, and does not endorse, any linked websites, the information appearing on those websites or any of the products or services described on those websites.
Links do not imply that PFG sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in, or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of PFG.
For E&S Direct applications, there are additional terms that are incorporated herein and are located at: https://www.eandsperformance.com/restaurant-supplies-equipment/site-use
6. DISCLAIMER OF WARRANTIES.
DOWNLOADABLE SOFTWARE, CONTENT AND ACCESS TO AND USE OF THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” PFG MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO DOWNLOADABLE SOFTWARE, CONTENT OR ACCESS TO OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH PFG HEREBY EXPRESSLY DISCLAIMS.
7. LIMITATION OF LIABILITY.
PFG WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO DOWNLOADABLE SOFTWARE, CONTENT, OR ACCESS TO OR USE OF THE SITE. IN NO EVENT WILL PFG’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF PFG SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR EXCEED $100.
8. YOUR INDEMNIFICATION OF PFG.
You will indemnify, defend and hold harmless PFG and PFG’s employees, officers, directors and suppliers against all loss, cost, damage and expense (including reasonable attorney’s fees and cost of suit) arising out of or related to (i) claims of negligence, strict liability, product liability, breach of warranty or otherwise with respect to Downloadable Software, Content or the Site that are brought by you, your successors or assigns, or any third party, and (ii) your use of Downloadable Software, Content or the Site.
These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding the United Nations Convention of the International Sale of Goods. All controversies and claims arising out of or relating to these Terms and Conditions, or the breach thereof, will be settled by arbitration in Richmond, Virginia, administered by the American Arbitration Association under Commercial Arbitration Rules. The arbitration will be conducted in the English language. Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.
1. INFORMATION WE COLLECT FROM YOUR USE OF THE SITE
PFG may use various methods to collect certain kinds of information that is disclosed through your use of the Site, including:
- Web beacons
- IP addresses
- System information
- Future technologies and methods
We treat all personal information that we collect with the same confidentiality, no matter how it is collected.
Web beacons are images that can be placed in web pages and some forms of email. Web beacons can be used to deliver cookies and to collect information about your use of the Site. For example, we may use web beacons to count the number of your visits to the Site.
A "referrer" is the information passed along by a web browser that references the web URL from which you come to the Site. Referrers are automatically collected by PFG web servers. They are used by PFG to identify the websites referring traffic to the Site, and to present appropriate content to the Site’s users. Referrer information may be used by PFG to identify general trends and traffic patterns. For example, PFG may use referrer information to identify the information on the Site that is viewed by individuals referred by certain websites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used to identify your computer so that data (such as the web pages you request) can be sent to you. They are automatically collected by PFG web servers.
System information PFG collects might include, among other things, the type of web browser being used. This information is sent automatically by your web browser when you are connected to the Site and is used by PFG only for identify broad demographic statistics and general trends and traffic patterns.
Account and Purchase Information
When you register to establish an account with PFG you provide certain information. We use that information for the sole purpose of determining whether to establish a business relationship with you and communicating with you about any business relationship. When you purchase PFG products you provide credit card and other additional information. We use that information for the sole purpose of facilitating your purchase.
At times we might collect information from you through means other than the Site. For example, if you call to place on order or to check on the status of an order, we will collect telephone numbers or other information needed to communicate with you.
Future Technologies and Methods
2. INFORMATION PFG SHARES WITH OTHERS
We will not sell your personal information that you give to us, including your email address.
At times, however, PFG must disclose information about PFG customers to PFG business partners. For example, PFG might need to disclose certain information to PFG contractors, so that they may perform services for us. In particular, we must provide some information to others in order to facilitate your purchases of PFG products.
PFG requires such contractors and business partners to keep your information confidential. PFG may disclose personal information to such contractors and business partners without additional notice.
PFG may also disclose to others the information collected by PFG regarding your access and use of the Site, provided that it is that is de-identified and aggregated with other data to you. This information might include referrer information and the other information that we collect through the Site.
3. CONTACT US
5. GOVERNING LAW