PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using this Web site, you accept and agree to these terms and conditions. If you do not agree, you should not use this site. As a condition of your use of this site, you represent and warrant that you will not use this site for any purpose that is unlawful, inappropriate or prohibited by these terms and conditions.
RESTRICTIONS ON USE
All comments, suggestions, remarks, ideas, graphics or other information communicated to Vistar through this site (together, the “Submission”), will forever be the property of Vistar. Except as provided in our Online Privacy Statement for personally identifiable information, Vistar will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business that it uses from a Submission (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Vistar operations. Without limitation, except as provided in our Online Privacy Statement for personally identifiable information, Vistar will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Vistar will be entitled to use the Submission for any commercial or other purpose whatsoever, including, without limitation, the right to assign the Submission or any portion thereof to any third party (except to the extent limited by Online Privacy Statement for personally identifiable information), without compensation to You or any other person sending a Submission. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law. You acknowledge that you are responsible for whatever material you submit, and you, not Vistar, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You agree to indemnify Vistar against any and all damages, costs and expenses, including reasonable attorneys’ fees, which may arise out of claims relating to Your use of this site or Your Submission to this site, including but not limited to claims by third parties that Your Submission violates their rights, and claims that Your Submission contains obscenities or defamatory or offensive materials.
LIMITATION OF LIABILITY
VISTAR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR INABILITY TO USE THIS WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. VISTAR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF USE OR LOSS OF GOODWILL, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, THE MATERIALS IN THIS SITE, OR THE INFORMATION PROVIDED THROUGH THIS SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VISTAR AND YOU. THIS SITE AND THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. VISTAR’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
DISCLAIMER OF WARRANTIES
The material in this site, and any information or reports otherwise provided by Vistar to you, or by You to Vistar, through this site, may contain errors or inaccuracies. Vistar may make changes or improvements at any time without notice. Your use of this site is at your own risk. THE MATERIALS IN THIS SITE AND THE INFORMATION AND REPORTS PROVIDED TO YOU THROUGH THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VISTAR DOES NOT WARRANT THAT THE FUNCTIONS OR MATERIAL CONTAINED IN OR PROVIDED BY THIS SITE, OR THE INFORMATION PROVIDED THORUGH THIS SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VISTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THIS SITE, THE MATERIAL IN THIS SITE OR THE INFORMATION OR REPORTS OBTAINED THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT VISTAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The trademarks, service marks and logos (together, the “Trademarks”) used in this site are registered and unregistered Trademarks of Vistar and others. Nothing in this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Vistar aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Vistar’s trademarks and service marks requires proper acknowledgment.
LINKS TO OTHER WEB SITES
This site may contain links allowing you to leave this site for sites owned or operated by parties other than Vistar. Such links are provided solely for your convenience. Vistar does not control third party sites and is not responsible for such sites or their content. Vistar reserves the right to terminate any link or linking program at any time. Vistar’s inclusion of links to third party sites does not imply that Vistar reviews or endorses such sites or the material therein, and Vistar reserves the right to note as such on its site. If you access any third party site linked to this site, or acquire any goods or services from any such third party, you do so at your own risk. Vistar has no liability for any reason connected with any such third party, its site or any goods or services acquired.
ACCESS TO AND USE OF SECURED PORTIONS OF THIS SITE
Subject to such prior conditions as Vistar may impose from time to time (including, without limitation, the execution and delivery of a separate agreement), if You are a customer of Vistar, Vistar grants to You the right, subject to the provisions contained herein and such other terms and conditions that Vistar may impose from time to time in its sole discretion, to be exercised only by Your “Authorized Users” (as defined below), to access secured portions of this web site as may be designated from time to time by Vistar, and to use those portions of this website for the purpose of receiving such information and reports that Vistar may from time to time elect to provide to You, and to order products from Vistar. Such rights of access and use will terminate automatically upon the termination of your status as a customer of Vistar. In addition, Vistar reserves the right to terminate or limit Your right to use all or any portion of this website for any purpose at any time in its sole and absolute discretion, and You agree that Vistar shall have no liability of any kind or nature by reason of any such limitation or termination.
Access to secure portions of a Vistar website will be password protected. You will be responsible for designating individuals within Your organization who will be entitled to use the user names and passwords established for Your organization, as well as individual user names and passwords for those persons within your organization who are entitled to use the secure portions of the Vistar web sites for their intended purposes (“Authorized Users”). The creation of user names and passwords will be in accordance with procedures established, supplemented and modified by Vistar from time to time. You agree that Vistar may assume conclusively that any activity using such names and passwords is authorized and proper in all respects unless and until You have otherwise notified Vistar by e-mail at VistarRetailITSupport@pfgc.com or at such other e-mail address as Vistar may designate from time to time, and Vistar has had a reasonable opportunity to act upon such notice after its receipt. You agree to keep, and you agree to ensure that Your Authorized Users keep, all user names and passwords confidential. Neither You nor any Authorized User may disclose your or their user names or passwords with any third person or entity without the written consent of Vistar. You agree to be fully responsible for all activity that occurs through the use of your user name or password or any Authorized User’s user name or password, whether or not such use is in fact authorized or proper, except for any such activity that is the proximate result of the negligence of Vistar. You agree to immediately notify Vistar of any change in or any unauthorized use of Your user name or password or any Authorized User’s user name or password by e-mailing VistarRetailCS@pfgc.com or at such other e-mail address as Vistar may designate from time to time. Vistar will use commercially reasonable efforts to protect the security of the secure portions of its web sites; however, VISTAR does not warrant or guarantee the integrity or the security of ITS WEB SITES or of the content, information or data transmitted through ITS WEB SITES Services or contained within any portion of ITS websites.
Vistar has taken reasonable precautions to prevent the presence of viruses, Trojan horses, worms, cancelbots or other harmful components in the transmission of any of the information and reports posted on the secure portions of this site or other information delivered through other communications to and from Vistar. However, by using the Internet to order products and receive information and reports, or to otherwise communicate with Vistar, You are assuming the risk that viruses or such other harmful components may be transmitted to you. We recommend that you install and utilize on your system appropriate anti-virus and/or similar software or use other appropriate protections. VISTAR DOES NOT WARRANT THAT THE INFORMATION AND REPORTS, ORDER FORMS, SECURE PORTIONS OF THIS SITE, OR THE SERVERS OR OTHER PROPERTY THAT ARE USED TO PROVIDE INFORMATION, PRODUCTS OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Notwithstanding anything to the contrary herein, You may use the information and reports delivered to You via the secure portions of this site solely for Your internal business purposes, and for no other purpose, and may copy and download a copy of such information, provided that You do not delete or change any copyright, trademark or other proprietary notice of Vistar. You will not use, capture, copy or reproduce any such information, nor permanently incorporate it into Your own databases, for any purpose, except as expressly permitted herein or otherwise permitted in writing by Vistar. If the disclosure or use of any such information by You leads to any claims or litigation, You will indemnify Vistar, its agents, officers, directors, shareholders, employees, affiliates and independent contractors for any liability, damage or expense resulting from that disclosure or use.
This site is controlled by Vistar Corporation from its offices in Centennial, Colorado, USA. Vistar makes no representation that the materials in this site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If You 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 or export or re-export the materials in this site or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. By using this site, You agree that these terms and conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws principles, and You consent to the exclusive jurisdiction and venue of the state and federal courts in Denver, Colorado, for all disputes arising out of or relating to these terms and conditions or this site. This is the entire agreement between the parties relating to the use of this site. Vistar may revise these terms and conditions at any time by updating this posting. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Vistar’s products and services are available in many parts of the USA. However, the Vistar’s site may describe products and services that are not available where You are located.
Vistar Corporation is a Performance Food Group Company.