Terms of Use

General

This Whaley Foodservice website (the "Service") is owned and operated by Whaley Foodservice and contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

As part of our Service, Whaley Foodservice agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by Whaley Foodservice . However, you may not, without the prior written permission of Whaley Foodservice , frame any of the content of the Service, or incorporate into another website or other service any intellectual property of Whaley Foodservice , its parent or affiliate companies or its licensors.

License to Whaley Foodservice

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Whaley Foodservice a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy

The following privacy policy governs our online collection of information from you. This privacy policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail. We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of the Service. We also collect and store information that is generated automatically as users navigate online through the Service. Unless you inform us otherwise, Whaley Foodservice reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service (e.g., your name and e-mail address) for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses, you must send an e-mail or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors.

In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others besides Whaley Foodservice . Whaley Foodservice cannot be responsible for any unauthorized third party use of information that you disclose online.

We use "cookies" in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our business affiliates and advertisers use cookies, which can be used to tell when your computer has contacted a web site. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site's use of cookies or about that site's use of your information.

We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on the Service. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information.

We are an affiliate of the CareerBuilder online careers service. Through our cooperative relationship with CareerBuilder, we are able to provide you with access to the CareerBuilder products and services through a co-branded CareerBuilder site. Because of this relationship, CareerBuilder requests that we post the following language regarding our co-branded CareerBuilder site in our privacy policy: "You may have arrived at this Web site by following a link from a CareerBuilder newspaper affiliate or other affiliate. If so, please be aware that CareerBuilder may share your information with that affiliate and the affiliate may use the information consistent with its privacy policy instead of this one."

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of our Services, the public, or Whaley Foodservice .

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we, some or all of our assets, or one or more of our websites is acquired by another company, information on our users may be among the transferred assets.

Children's Privacy Statement for Whaley Foodservice

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

We do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Service. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Service.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Service.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we do NOT condition the participation in the Service's online activities of a child under thirteen on providing personally identifiable information.

Disclaimers

This Service includes links and pointers to Internet sites, content and services provided by third parties. Whaley Foodservice 's linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Whaley Foodservice , its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by Whaley Foodservice . The materials, information, products and services offered on or through the Service and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Whaley Foodservice disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Whaley Foodservice does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

Whaley Foodservice does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Whaley Foodservice ) assume the entire cost of all necessary maintenance, repair or correction.

The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Online Commerce

In addition, Whaley Foodservice may allow you to purchase many different types of products and services online that are provided by third parties. Whaley Foodservice is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Whaley Foodservice or on a site linked to by Whaley Foodservice , the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Whaley Foodservice has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release Whaley Foodservice and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Whaley Foodservice .

When you purchase products or services on or through the Whaley Foodservice , you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to Whaley Foodservice or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Use of Company Directories

The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will Whaley Foodservice or its suppliers be liable in any way with regard to such information.

Interactive Features

This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to Whaley Foodservice and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. Whaley Foodservice does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:

Restrict or inhibit any other user from using and enjoying the Service.
Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Whaley Foodservice .
Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that Whaley Foodservice has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Whaley Foodservice reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Whaley Foodservice 's sole discretion are objectionable or in violation of these Terms of Service.

Registration

To use certain features of the Service, you must register with Whaley Foodservice on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Whaley Foodservice has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Whaley Foodservice cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Whaley Foodservice , its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Whaley Foodservice materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if Whaley Foodservice is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of Whaley Foodservice , its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that Whaley Foodservice is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Whaley Foodservice materials, products, or services, or with any of Whaley Foodservice 's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Termination

Whaley Foodservice may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between Whaley Foodservice and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.