Thank you for visiting our web site. This web site belongs to and is controlled by Food Services of America, Inc. (also referred to in this policy as “Food Services of America”, “we”, “our” or “us”). Prior to browsing or using this site, visitors (also referred to in this policy as “you” or “your” or “users”) should read carefully these Terms of Use and the Privacy Policy which is an integral part of these Terms of Use and is posted herewith. By accessing or using this site in any manner, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to any of the terms or conditions, you may not use this site. We may change or revise this information at any time without notice, so please visit this area each time you visit the web site to keep up-to-date with the current Terms of Use and Privacy Policy. We may also, in our sole discretion, and at any time, discontinue this web site or any part thereof without notice.
1. Laws and Regulations; Intended Geographic Scope
Access to and uses of this site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the site in any way that violates such laws or regulations. This web site’s contents are controlled from within the United States of America. Access to this web site from territories where its content is illegal is prohibited.
2. Privacy
Protecting the privacy of our customers and users of our site is important to Food Services of America. For information on how Food Services of America collects, uses and protects the personal information you may provide on this web site, see our Privacy Policy, which is posted herewith, and can also be accessed from the Home Page of this site.
3. Copyright and Trademarks
The entire content included in this site, including but not limited to text, design, graphics, interfaces, or code and selection and arrangements thereof is protected by copyright and is the property of Food Services of America excepting certain images belonging to its licensors. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any material or information available on or through this site for commercial or public purposes, provided that for any non-commercial use, all copyright, trademark and other proprietary notices on the materials are kept intact.
The trademarks, logos and service marks (collectively, the "Trademarks") displayed on this site are the Trademarks of Food Services of America, except where noted. Trademarks not belonging to Food Services of America may belong to our partners who have granted us the right to use their Trademarks on the site. Users may not use the Trademarks for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the Internet without the written permission of Food Services of America or such third party that owns the Trademark.
We will enforce our intellectual property rights to the fullest extent of the law, including seeking criminal sanctions as appropriate. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to any of the Trademarks or copyrighted material without the express prior written permission of the Trademark owner or copyright holder.
4. TAMPERING
User agrees not to modify, move, add to, delete or otherwise tamper with the information or material contained in the site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software or other proprietary information contained in the site.
5. Links
For your convenience, this site may contain links to third party web sites not owned or operated by Food Services of America. If you use these links, you will leave this site. Please note that we have no control over the content appearing on such third party sites. Further, we shall not be responsible or liable, in any way whatsoever for the content of such third party web site, or the consequences or damages resulting from your use thereof. Please note that the privacy policies applicable to such third party sites may differ significantly from our Privacy Policy. If you decide to access any of these linked third party sites, you do so entirely at your own risk.
6. Third Party Information
Some of the information appearing on the site may be supplied by independent third parties. While we attempt to insure the accuracy of all information on the site, we make no warranty as to the accuracy of any such information, and you rely on any information at your own risk.
7. Disclaimer of Warranties
THE MATERIALS AND INFORMATION IN THIS WEB SITE AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOOD SERVICES OF AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOOD SERVICES OF AMERICA DISCLAIMS ALL LIABILITY AND ASSUMES NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE WEB SITE OR FROM ITS OPERATION. FOOD SERVICES OF AMERICA MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT FOOD SERVICES OF AMERICA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have different and/or additional rights and remedies that vary from state to state.
8. Limitation of Liability
Under no circumstances, whether due to negligence or otherwise, shall Food Services of America, including its directors, officers, employees, affiliates, successors or assigns be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages, including but not limited to loss of data or profit, that may result from the use of, or the inability to use, the web site or any materials in this site, arising out of or in connection with the use or performance of the web site or information available in the web site. These include, but are not limited to, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component. Some jurisdictions may not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall our total liability to you for damages, losses, and/or causes of action exceed fifty dollars ($50).
9. Applicable Law/Place of Jurisdiction
These Terms of Use and the Privacy Policy and any disputes arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Arizona, without reference to its conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the State of Arizona, within the city of Phoenix, or the appropriate United States District Court for Phoenix, Arizona, and you hereby accept and submit to the personal jurisdiction of these Arizona courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use or the Privacy Policy.