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Your Agreement to WHITSONS Terms & Conditions

This website (“Site”) is owned and operated by Whitsons Food Service Corp., and its affiliated companies collectively doing business as Whitsons Culinary Group™ (“Whitsons”).  By registering on or using this Site, you agree to these Terms and Conditions and the Whitsons Privacy Policy. Each time you use the Site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the Site.


Whitsons may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the Site.

 

Eligibility

By registering to use the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.

 

Content Posted By You

Content posted by you includes, but is not limited to, posting on Whitsons’ bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content. You may only post content to these sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to these sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.


By submitting or posting content to these sites, you grant Whitsons, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to these sites, Whitsons does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Whitsons owns all right, title, and interest in any compilation, collective work or other derivative work created by Whitsons using or incorporating content posted to these sites. For more information please review Whitsons’ Privacy Policy.


You should carefully choose the information you post on these sites. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these sites and the consequences of posting anything on these sites.

 

Content Posted By Other Users

Whitsons is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall Whitsons be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Whitsons.

 


If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet or exercise advice posted on the Site.


Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Whitsons reserves the right to investigate and take appropriate legal action against anyone who, in Whitsons’ sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:

 

  • Using the Site for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Whitsons in its sole discretion or pursuant to local community standards. Whitsons takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Whitsons, exposes Whitsons or any of its customers or suppliers to any liability or detriment of any type.

 

Whitsons reserves the right (but is not obligated) to do any or all of the following:

 

  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the Site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  • Terminate a user's access to the Site upon any breach of these Terms and Conditions;
  • Monitor, edit, or disclose any posting on the site; and
  • Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

 

Copyright and Trademark Information

All content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Whitsons, with all rights reserved, or is the property of Whitsons and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Whitsons is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained therein without prior written permission of an authorized officer of Whitsons. WHITSONS™, WHITSONS CULINARY GROUP™ are proprietary trademarks of Whitsons. Whitsons’ trademarks may not be used in connection with any product or service that is not provided by Whitsons, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whitsons or any of its affiliates.  All other trademarks displayed on the Site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Whitsons and these companies.

 

This Site may contain links to sites owned or operated by parties other than Whitsons.  Such links are provided for your reference only.  Whitsons does not control outside sites and is not responsible for their content or operation.  The inclusion of links to an outside site does not imply any endorsement of the material on the outside site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of such links imply that Whitsons is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

 

You are prohibited from linking any other web site or other electronic medium to this site or any other site owned or operated by Whitsons without our express written permission.

 

Copyright Protection

It is Whitsons’ intent and desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with the Digital Millennium Copyright Act of 1998, if you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Whitsons (as set forth below) and providing the following information:

 

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Send this information by mail to Whitsons Culinary Group 1800 Motor Parkway, Islandia, NY 11749, Attention: General Counsel or by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and/or your use of the Site resides in the courts located in the State of New York, Counties of Nassau or Suffolk, and you further expressly agree to submit to the personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.


If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.


Warranties; Disclaimer

The Site and the content are provided on an "AS IS" basis. Whitsons makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Whitsons cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Whitsons cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Whitsons cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Whitsons does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the Site will be corrected. TO THE FULLEST EXTENT PERMITTED BY LAW, WHITSONS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WHICH MAY BE IMPLIED FROM COURSE OF CONDUCT OR COURSE OF DEALING.   


ALL PRICES, SERVICES AND PRODUCTS SHOWN ON THIS SITE, IF ANY, ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.


Limitation of Liability

WHITSONS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH WHITSONS IS TO DISCONTINUE YOUR USE OF THE SITE. WHITSONS AND ITS VENDORS OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WHITSONS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.


BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WHITSONS' AND ITS VENDORS' OR CONTENT PROVIDERS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnification

You agree to indemnify, defend, and hold Whitsons, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.


Termination

Whitsons has the right to terminate your account and access to the site for any reason, including, without limitation, if Whitsons, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Whitsons may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.


Notice

Whitsons may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record with us if you have registered on this site. You may give notice to Whitsons at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Whitsons Culinary Group., 1800 Motor Parkway, Islandia, NY 11749, Attn: President.