This Internet site (the “Site”) has been created and is maintained by C&S Wholesale Grocers, Inc., (the “Company”). When You access, browse, or use this Site, You accept and agree to, without limitation or qualification, the terms and conditions set forth below.
Use of the Site and its Content
You may not distribute, exchange, or sell anything from the Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as You comply with these Terms and Conditions of Use, the Company grants You a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way or attempt to gain access to the Company’s network for any reason other than accessing and using the Site in accordance with these Terms and Conditions of Use.
All materials on the Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (the “Content”) are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trademarks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Rights to User’s Material
The Company welcomes Your feedback regarding the design, content and functionality of the Site and is pleased to have You submit Your comments regarding the Site. However, we request that You be specific in Your comments relative to the design, content and functionality of the Site. Any feedback or other information of any kind, shall be deemed, and shall remain, the exclusive property of the Company and the Company shall retain the exclusive right to utilize such ideas or other information in any way it deems appropriate without compensation to the provider(s).
Do not voluntarily submit any other ideas, suggestions or materials related to the business of the Company. If, despite this request, You do voluntarily submit any ideas, suggestions or materials related to the business of the Company (“Submissions”), these Submissions shall be deemed, and shall remain, the exclusive property of the Company. No Submissions shall be subject to any obligation of confidence on the part of the Company, and the Company shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, the Company shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and the Company shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
Privacy and Security of Electronic Transmissions
Internet transmissions are never completely private or secure. You understand that any message or information You transmit in accessing or using this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to You.
Privacy and Security of Personal Information
The Company will maintain the confidentiality of all personal information collected and will only disclose such information to employees and service providers under contract who require such information for legitimate business purposes. The Company maintains various controls designed to protect against the unauthorized access, use, or disclosure of personal information.
This Site only collects personal information if you submit that information to us. We track usage of our website and may record the preferences of visitors to our website, but we do not record any personal information unless you submit that information to the Company.
The Company may aggregate information through cookies, or alphanumeric identifiers that we transfer to your computer’s hard drive through the web browser. This practice allows the Company to aggregate demographic and statistical data in order to analyze traffic on the Site.
Accuracy of Content of the Site
The Company attempts to provide clear, concise and accurate information on this Site. However, the Company does not warrant that this information is accurate, complete, reliable, current or error-free.
Availability of Content of the Site
The Site may be unavailable for access from time to time for maintenance and content upgrades.
Links to Websites
The Site may contain links to internet sites on the World Wide Web. The Company provides such links for Your convenience only and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Right to Change Terms and Conditions and Site Content
The Company may add to, change, or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, You are indicating Your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other content posted on the Site, at any time, without notice and without liability.
Disclaimer of Warranties and Damages
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF, THE SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
These terms and conditions and any additional terms posted on the Site together constitute the entire agreement between the Company and You with respect to Your use of the Site. If, for any reason, a court of competent jurisdiction finds any provision, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Hampshire, without reference to its conflicts of law rules.