Acceptance of Terms
This Whaley Foodservice website www.whaleyfoodservice.com (the "Website") is owned and operated by Whaley Foodservice, LLC. (the "Company"). This Website provides users with access to information and materials about the Company's product and service offerings, ecommerce functionality for the purposes of purchasing product and services from the Company and for linking to other third parties' websites for the purposes of purchasing product and services, and certain online forms designed to collect your information in order to provide you with information about the purchase of products and service offerings such as repair services, parts and equipment by the Company ("Products and Services"). The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Company, Products and Services, "Content"). This Website is intended for use only by users who are at least 18 years of age. The Company reserves the right to refuse access to and usage of the Website to anyone at any time, at its sole discretion. Unless otherwise specified, the Website 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 Website. You may download material from the Website and may use the Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Limited License and Site Access; All Rights Reserved
The Company hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company (e.g., downloading of application). This license does not include any resale or commercial use of this Website or the Content; any collection and use of any listings, descriptions, or prices; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Company's name(s) or Website marks without the express written consent of their Company's. We (or the respective third party Company's of Content) retain all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. We (or the respective third party Company's of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Company.
Online Commerce and Availability of Products and Websites
In addition, the Website may allow you to purchase many different types of Products and Services online that are provided by third parties. The Company is not responsible for the quality, availability, accuracy, timeliness, reliability or any other aspect of these Products and Services. If you make a purchase from a third party on the Website or on a site linked to by the Company, the information obtained during your visit to that third party'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 third party. A third party may have separate privacy and data collection practices. The Company has no responsibility or liability for these independent policies. For more information regarding a third party, its online store, and its privacy policies, return to that third party's home page and click on its information links or contact the third party website directly. You release the Company 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 the Company.
When you purchase Products or Services through the Company or a linked third party website, 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 Company or the third party directly.
You agree to be financially responsible for all Products and Service purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase Products or Services through the Website for legitimate 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 Website. You agree to only purchase Products 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 Website or a third party, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
This Website may provide certain summary descriptions or other helpful information regarding Products and Services. The Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual Product and Services to which they refer.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Company or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties.
Notice Regarding Copyright Agent.
The Company respects the intellectual property rights of others and requests that Website users do the same. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the Company of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Company, its agent, or the law; and
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Company of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to:
Whaley Foodservice, LLC.
P.O. Box 615
Lexington, SC 29071
Trademarks and Website Marks
Certain trademarks, including "Whaley Foodservice Parts and Repair", "Part Smart. Service Savvy", "Whaley Parts & Supply" and "The Right Part. Right Away" are the Website marks and trademarks of the Company. The domain name for this Website, all page headers, custom graphics, and button icons are Website marks, trademarks, logos, and/or trade dress of Company. All other trademarks, Website marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective Companies. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, Website marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
Ownership of Information Submitted via this Website
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and the Company reserves the right to change the access configuration of this Website at any time without prior notice.
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, Website mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.whaleyfoodservice.com, in accordance with the Limited License and Site Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Websites if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses; or
(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
Right to Monitor
No Company Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by third party content providers, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, Websites or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or Website providers will not infringe rights of third parties not owned by or affiliated with Company .
Links to Third Party Websites
Content and other information contained on this Website has been prepared by the Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other website maintained by the Company. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant Product or Services agreement for complete terms and conditions. Should you purchase Product or Services from Company or purchase a product or services from a third party, the terms and conditions applicable to that transaction will govern such a purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND WEBSITES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. THE COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND WEBSITES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND WEBSITES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND WEBSITES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND WEBSITES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE COMPANY DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You must also maintain and promptly update the information you provide to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. If the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend your account.
No Agency Relationship
Whaley Foodservice, LLC.
P.O. Box 615
Lexington, SC 29071