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Last modified: January 25, 2024.
These Terms of Use are entered into between you and The WEBstaurant Store, LLC. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of Company's website https://www.webstaurantstore.com/ and its WebstaurantStore mobile application available on the App Store (both referred to as the “Services”), including any content, functionality, and services offered on or through the Services. The Services are owned by us and provided as services to its current and potential customers.
Please read the Terms of Use carefully before you start using the Services. By using the Services or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, and our Privacy Policy (collectively, “Terms & Conditions”), found at https://www.webstaurantstore.com/policies.html, which are incorporated into these Terms of Use. If you do not agree to the Terms & Conditions, you must not access or use the Services.
You should periodically review the Terms of Use. In our sole discretion, we may modify or revise the Terms & Conditions at any time. By continuing to use the Services, you agree to be bound by such changes. Nothing in the Terms & Conditions shall be deemed to confer any third-party rights or benefits. Changes to the Terms & Conditions are effective upon their posting to the Services.
We may occasionally update the content of the Services, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
All purchases through the Services or other transactions resulting from visits made by you to the Services are governed by our Terms of Sale, which are incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Services, which are also incorporated into these Terms of Use. By submitting information relevant to your purchase, including, but not limited, to your credit card, its expiration date, security code, your address, and billing information, you grant us (or the third-party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
We reserve the right to withdraw or amend the Services and any material we provide through the Services in our sole discretion and without any notice. We will not be liable if, for any reason, all or part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Services to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who have access to the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources that it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Terms of Sale and Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Services’ features), that individual may have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier when chosen by you or provided by us at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.
The Services and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Services, except as follows:
You may not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You should assume everything you see or read on the Services is copyrighted (unless otherwise noted) and may not be used (except as provided in these Terms of Use or explicit text found on the Services) without our written permission. We neither warrant nor represent your use of materials displayed on the Services will not infringe on the rights of third parties not related to us. Images, photographs, or illustrations displayed on the Services are either our property or used with permission. Your or your representative’s use of these materials is prohibited unless permitted by these Terms of Use or explicit text found on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Website are protected intellectual properties of us, or our affiliates or licensors. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Services are protected intellectual properties of us, or our affiliates or licensors. Nothing contained within the Services should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
If you believe that any content on the Services violates your copyright, please send a notice by email to [email protected] or mail to: The WEBstaurant Store, LLC, Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17601. Be advised that claimants who make misrepresentations about copyright infringement may be liable for damages, including court costs and attorneys’ fees.
You may use the Services only for lawful purposes in accordance with these Terms of Use. You agree not to use the Services:
Additionally, you agree not to:
The information presented on or through the Services is made available solely for general information purposes. This information is not designed to provide any professional advice, including accounting, compliance, tax, or legal advice. While we use reasonable efforts to include accurate, reliable, and up-to-date information on the Services, we do not warrant the accuracy, completeness, or usefulness of the information. Any reliance that you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services or by anyone who may be informed on any of its contents.
The Services may include content provided by third parties, including materials provided by users and third-party licensors. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
We may collect (or you may provide) your personally identifiable information. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to the Services, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Services contain links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have not reviewed all of these third-party sites and have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should review the Terms of Use and Privacy Policy of every site you visit.
The owner of the Services is based in the Commonwealth of Pennsylvania in the United States. We provide the Services for use within the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of specifically designated nationals or the U.S. Commerce Department’s table of deny orders or denied persons list.
A vendor or supplier we utilize may run a promotional sweepstakes for their product(s) (“Sweepstakes”). At our sole discretion, we may elect to promote or advertise the Sweepstakes. You agree that we make no representations or warranty as to the truth and accuracy of the Sweepstakes, and you are relying on the information provided by the vendor or supplier of the Sweepstakes. Additionally, you agree that, despite our promotion or advertisement of the Sweepstakes, any and all claims you may have regarding the Sweepstakes is with the vendor or supplier providing the Sweepstakes and you agree to release us from all liability.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, APP STORE, OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES OR ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SERVICES, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OUR RELATED COMPANIES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, AND ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF THE CAUSE OR THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SALES, LOSS OF PRODUCTS, GOODS, OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, FOOD SPOILAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless us, our affiliates, related companies, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or use of the Services, including, but not limited to, any contributions made by you, any use of the Services’ content, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO RESOLVE ANY DISPUTE WITH US THROUGH A CLASS ACTION OF ANY KIND, AND YOUR RIGHT TO A TRIAL BY JURY.
Arbitration Agreement and Waiver of Right to Jury Trial (“Arbitration Agreement”)
YOU AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTES AND CLAIMS RELATED TO OR ARISING FROM THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING DISPUTES ARISING FROM PRODUCTS OR SERVICES OFFERED OR SOLD BY US OR ANY OTHER ENTITY RELATED TO US, WHETHER BASED IN TORT, CONTRACT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING PRIVATE ARBITRATION BEFORE A SINGLE ARBITRATOR APPLYING THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA INSTEAD OF IN COURT. YOU AGREE AND ACKNOWLEDGE THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
If any court or arbitrator deems any term or provision in the immediately preceding paragraph to be unenforceable as to any claim, then only that claim will proceed in litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that remains subject to the immediately preceding paragraph.
Class Action Waiver
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION OR CLAIM YOU OR WE ASSERT SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND WE EXPRESSLY WAIVE OUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON BEHALF OF A CLASS. You or we may, however, bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that any such claim is maintained as an individual claim rather than a claim on behalf of an actual or potential class of claimants.
You and we acknowledge and agree that the arbitrator of any dispute between you and us may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
Initiating Arbitration
If any court or arbitrator deems any term or provision in the immediately preceding paragraph to be unenforceable as to any claim, then only that claim will proceed in litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that remains subject to the immediately preceding paragraph.
Governing Law
The interpretation and enforcement of this Arbitration Agreement shall be governed by the FAA. If it is determined that the FAA does not govern any issue that arises under this section, that issue shall be resolved under the laws of Pennsylvania, without regard to its choice-of-law rules.
Limitation on time to file claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED UNLESS APPLICABLE STATE OR FEDERAL LAW PROHIBITS THIS LIMITATION.
Waiver and severability. No waiver of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver by us of such term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire agreement. The Terms of Use and incorporated Terms of Sale and Privacy Policy constitute the sole and entire agreement between us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
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22. Comments and concerns
All questions or comments about this privacy and our privacy practices should be directed to: [email protected] or by visiting our Support Page.