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Terms and Conditions
PLEASE REVIEW BEFORE USING THIS SITE
Florida Food Service, Inc. provides the FFSINC.com Web site (the
"Site") as a service to its customers, suppliers and carriers
and other interested parties. By using the Site, you agree to be
bound by these Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS
SITE.
Florida Food Service, Inc. may change these Terms of Use from time
to time, at Florida Food Service, Inc. sole discretion. Your continued
use of the Site following the posting of such changes will constitute
your assent to all such changes. Please periodically visit this
section of the Site to review the current version of these Terms
of Use. Florida Food Service, Inc. also operates other Web sites,
which may be subject to their own terms. Please review those Web
sites for their applicable terms of use.
GENERAL PROVISIONS
USE OF INFORMATION AVAILABLE ON THE SITE
You acknowledge that Florida Food Service, Inc. reserves the right
to modify, revise or discontinue the Site, or any features, functionality
or services provided as part of or in connection with the Site,
without prior notice. All information or materials contained on
the Site (including but not limited to all graphics, images, video
clips, audio, video, images, or other types of content) ("Site
Information") is the property of Florida Food Service, Inc.
and/or its licensors. Unless otherwise noted in a particular document,
Florida Food Service, Inc. hereby authorizes you to electronically
copy or print in hard copy any document published by Florida Food
Service, Inc. on the Site solely for your internal reference purposes
within your organization or for your own personal use. In consideration
of and as a condition to this authorization, you agree that any
such copies shall retain all copyright and other proprietary notices
contained therein. Any other use of information provided by Florida
Food Service, Inc. without prior written approval from Florida Food
Service, Inc. or the appropriate supplier or licensor is strictly
prohibited. Certain documents published on the Site may contain
other restrictions, proprietary notices and/or copyright information
relating to that individual document, including but not limited
to notices that limit or prohibit your ability to make copies of
that document. Please review all additional notices before making
any copies. Nothing contained in these Terms of Use shall be construed
as conferring by implication, estoppel or otherwise any license
or right under any patent, copyright or trademark of Florida Food
Service, Inc., its suppliers or licensors, or any other third party.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT
DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY
FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION
CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL
OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK
LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of Florida Food Service,
Inc.. Elements of the Site, including but not limited to logos,
graphics, sounds or images, are protected by copyright, trademark
and other laws, and may not be copied or imitated, unless specifically
indicated.
LINKS TO THIRD PARTY SITES
ANY LINKS TO THIRD PARTY SITES ARE PROVIDED SOLELY FOR
YOUR CONVENIENCE. SUCH SITES ARE NOT UNDER THE CONTROL OF FLORIDA
FOOD SERVICE, INC., AND FLORIDA FOOD SERVICE, INC. IS NOT RESPONSIBLE
FOR (I) THEIR CONTENT, (II) ANY CHANGES OR UPDATES TO THEM, (III)
THE COLLECTION OF ANY PERSONAL DATA OR INFORMATION BY THE OPERATORS
OF SUCH SITES OR (IV) YOUR USE OF SUCH SITES, INCLUDING TRANSACTIONS
WHICH MAY BE PROCESSED ON SUCH SITES.
SUPPLIER/CARRIER INFORMATION AND IMPROPER TRANSMISSIONS
If you transmit to or otherwise provide to Florida Food Service,
Inc. any information or data or materials (" Information "),
such Information shall be deemed to be non-confidential and non-proprietary.
Florida Food Service, Inc. shall have no obligation of any kind
with respect to such Information and shall be free to reproduce,
use, disclose, modify, display and distribute the Information to
others without limitation. By transmitting such Information to Florida
Food Service, Inc., you are deemed to grant to Florida Food Service,
Inc. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
license (with rights to sublicense) to use any ideas, concepts,
know-how or techniques contained in such Information for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products incorporating such Information.
PROTECTION OF SITE
Florida Food Service, Inc. also reserves the right to take any
actions it deems necessary or appropriate to protect the Site and
its content. You are permitted to view the Site only in its full
presentation and form and are prohibited from "framing"
the Site.
VIOLATION OF TERMS OF USE
You acknowledge that Florida Food Service, Inc. has the right,
in its sole discretion, to terminate your access to the Site, without
liability to you or any third party, if you violate any of these
Terms of Use, violate the rights of Florida Food Service, Inc.,
interfere with any other user's access or use of the Site, or if
Florida Food Service, Inc. decides that your use is otherwise detrimental
to Florida Food Service, Inc., the Site, or Florida Food Service,
Inc. suppliers or licensors. If you believe that someone has violated
these Terms of Use, you may contact Florida Food Service, Inc. at
Client Services and Florida Food Service, Inc. may decide, in its
discretion, to investigate the report and decide, in its sole discretion,
to take any action relating to that report. Florida Food Service,
Inc. does not have any obligation or liability to you for the performance
or nonperformance of those activities.
GENERAL
These Terms of Use are governed by the laws of the State of Florida,
without regard to the rules of conflict that may cause the laws
of another jurisdiction to apply. You agree to the sole and exclusive
jurisdiction and venue of the federal or state courts of the State
of Michigan in the event of any dispute of any kind arising from
or relating to the Site, or your use or review of it. The failure
of Florida Food Service, Inc. to enforce any provision or right
of these Terms of Use will not constitute a waiver of such provision
or right. These Terms of Use constitute the entire agreement between
the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. If for any reason
a court of competent jurisdiction finds any provision or portion
of these Terms of Use to be unenforceable, the remainder of these
Terms of Use will continue in full force and effect.
DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site"
as used in this section encompasses all content of this Site whatsoever.
DISCLAIMERS
THE SITE IS PROVIDED BY FLORIDA FOOD SERVICE, INC. "AS IS"
AND WITH ALL FAULTS. FLORIDA FOOD SERVICE, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD
TO THE SITE, ITS CONTENTS OR ITS OPERATION. TO THE FULLEST EXTENT
PERMITTED BY LAW, FLORIDA FOOD SERCVE INC. DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Florida Food
Service, Inc. SPECIFICALLY STATES THAT THE USE OF THE SITE IS
AT YOUR OWN RISK. FLORIDA FOOD SERVICE, INC. DISCLAIMS ANY WARRANTY
WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS
OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS
CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS
OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE
OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM,
OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY,
OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR
THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FLORIDA FOOD SERVICE, INC.
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL,
INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS)
ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED
TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED
THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR
INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT
CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE EVEN IF FLORIDA
FOOD SERVICE, INC. OR ITS LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY
OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF FLORIDA FOOD SERVICE INC. ITS SUPPLIERS AND LICENSORS
SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Florida Food
Service, Inc. and its licensors, suppliers, officers, directors,
employees, agents, parents, affiliates, subsidiaries (collectively
"Indemnified Parties") from and against any and all liability,
loss, claim, damages, expense, or cost (including but not limited
to attorneys' fees), incurred by or made against the Indemnified
Parties in connection with any claim arising from or related to
your use of Site or any breach or violation of these Terms of Use
by you. You shall not settle any matter without the consent of the
applicable Indemnified Party. Each Indemnified Party may, at its
own expense, assume the exclusive defense and control of any matter
for which it is indemnified hereunder; provided that you will reimburse
the Indemnified Party in full for all damages, settlements, judgments,
costs and expenses (including attorneys' fees) incurred by it in
connection with such action. You agree to fully cooperate as reasonably
required by an Indemnified Party(ies).
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